88R14187 JXC-D
By: Troxclair H.B. No. 4207
A BILL TO BE ENTITLED
AN ACT
relating to municipally owned utility vegetation management.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 552, Local Government
Code, is amended by adding Section 552.915 to read as follows:
Sec. 552.915. PROHIBITION ON TRANSFER OF MUNICIPAL UTILITY
REVENUE. (a) In this section:
(1) "Municipal utility" means a utility system owned,
operated, or controlled by a municipality.
(2) "Utility system" has the meaning assigned by
Section 552.914.
(b) Notwithstanding any other law, a municipality may not
transfer revenue from a municipal utility that provides electric
service to the general fund of the municipality in a fiscal year if
the commission determines under Section 38.101, Utilities Code,
that the utility's vegetation management activities are
insufficient to ensure reliable service in that year.
SECTION 2. Section 38.101, Utilities Code, is amended to
read as follows:
Sec. 38.101. REPORT ON INFRASTRUCTURE IMPROVEMENT AND
MAINTENANCE. (a) Not later than May 1 of each year, each electric
utility and municipally owned utility shall submit to the
commission a report describing the utility's activities related to:
(1) identifying areas that are susceptible to damage
during severe weather and hardening transmission and distribution
facilities in those areas;
(2) vegetation management; and
(3) inspecting distribution poles.
(b) Each electric utility and municipally owned utility
shall include in a report required under Subsection (a) a summary of
the utility's activities related to preparing for emergency
operations.
(c) The commission shall evaluate each report submitted by a
municipally owned utility under this section and notify the utility
if the commission determines that the utility's vegetation
management activities are insufficient to ensure reliable service.
SECTION 3. This Act takes effect September 1, 2023.