| 1 | 1 | | 87R5946 CXP-F |
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| 2 | 2 | | By: Birdwell S.B. No. 1262 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a restriction on the regulation of utility services and |
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| 8 | 8 | | infrastructure based on the energy source to be used or delivered. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter Z, Chapter 181, Utilities Code, is |
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| 11 | 11 | | amended by adding Section 181.903 to read as follows: |
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| 12 | 12 | | Sec. 181.903. RESTRICTION ON REGULATION OF UTILITY SERVICES |
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| 13 | 13 | | AND INFRASTRUCTURE. (a) In this section: |
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| 14 | 14 | | (1) "Regulatory authority" has the meanings assigned |
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| 15 | 15 | | by Sections 11.003 and 101.003. |
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| 16 | 16 | | (2) "Utility" has the meaning assigned by Section |
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| 17 | 17 | | 181.901. |
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| 18 | 18 | | (b) No regulatory authority, planning authority, or |
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| 19 | 19 | | political subdivision of this state may adopt or enforce an |
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| 20 | 20 | | ordinance, resolution, regulation, code, order, policy, or other |
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| 21 | 21 | | measure that has the purpose, intent, or effect of directly or |
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| 22 | 22 | | indirectly banning, limiting, restricting, discriminating against, |
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| 23 | 23 | | or prohibiting the connection or reconnection of a utility service |
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| 24 | 24 | | or the construction, maintenance, or installation of residential, |
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| 25 | 25 | | commercial, or other public or private infrastructure for a utility |
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| 26 | 26 | | service based on the type or source of energy to be delivered to the |
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| 27 | 27 | | end-use customer. |
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| 28 | 28 | | (c) An entity, including a regulatory authority, planning |
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| 29 | 29 | | authority, political subdivision, or utility, may not impose any |
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| 30 | 30 | | additional charge or pricing difference on a development or |
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| 31 | 31 | | building permit applicant for utility infrastructure that: |
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| 32 | 32 | | (1) encourages those constructing homes, buildings, |
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| 33 | 33 | | or other structural improvements to connect to a utility service |
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| 34 | 34 | | based on the type or source of energy to be delivered to the end-use |
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| 35 | 35 | | customer; or |
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| 36 | 36 | | (2) discourages the installation of facilities for the |
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| 37 | 37 | | delivery of or use of a utility service based on the type or source |
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| 38 | 38 | | of energy to be delivered to the end-use customer. |
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| 39 | 39 | | (d) This section does not limit the ability of a regulatory |
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| 40 | 40 | | authority or political subdivision to choose utility services for |
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| 41 | 41 | | properties owned by the regulatory authority or political |
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| 42 | 42 | | subdivision. |
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| 43 | 43 | | SECTION 2. This Act takes effect immediately if it receives |
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| 44 | 44 | | a vote of two-thirds of all the members elected to each house, as |
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| 45 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 46 | 46 | | Act does not receive the vote necessary for immediate effect, this |
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| 47 | 47 | | Act takes effect September 1, 2021. |
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