| 1 | 1 | | 88R2816 MLH-F |
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| 2 | 2 | | By: Parker S.B. No. 2204 |
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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 exceptions to prohibited contracts or other agreements |
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| 8 | 8 | | with certain foreign-owned companies in connection with critical |
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| 9 | 9 | | infrastructure in this state. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 113.001, Business & Commerce Code, as |
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| 12 | 12 | | added by Chapter 975 (S.B. 2116), Acts of the 87th Legislature, |
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| 13 | 13 | | Regular Session, 2021, is amended by adding Subdivision (5) to read |
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| 14 | 14 | | as follows: |
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| 15 | 15 | | (5) "Utility services" means telecommunication, |
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| 16 | 16 | | electric, water, or wastewater services provided to a customer, and |
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| 17 | 17 | | includes: |
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| 18 | 18 | | (A) demand response, load resource, net |
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| 19 | 19 | | metering, and similar electric service programs; and |
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| 20 | 20 | | (B) transmission voltage and distribution |
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| 21 | 21 | | voltage electric services. |
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| 22 | 22 | | SECTION 2. Section 113.002, Business & Commerce Code, as |
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| 23 | 23 | | added by Chapter 975 (S.B. 2116), Acts of the 87th Legislature, |
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| 24 | 24 | | Regular Session, 2021, is amended by adding Subsection (c) to read |
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| 25 | 25 | | as follows: |
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| 26 | 26 | | (c) Subsection (a) does not apply to an agreement to: |
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| 27 | 27 | | (1) provide utility services to a company described by |
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| 28 | 28 | | Subsection (a)(2); or |
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| 29 | 29 | | (2) construct, operate, or maintain infrastructure to |
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| 30 | 30 | | provide utility services to a company described by Subsection |
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| 31 | 31 | | (a)(2). |
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| 32 | 32 | | SECTION 3. Section 2274.0101, Government Code, is amended |
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| 33 | 33 | | by adding Subdivision (6) to read as follows: |
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| 34 | 34 | | (6) "Utility services" means telecommunication, |
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| 35 | 35 | | electric, water, or wastewater services provided to a customer, and |
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| 36 | 36 | | includes: |
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| 37 | 37 | | (A) demand response, load resource, net |
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| 38 | 38 | | metering, and similar electric service programs; and |
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| 39 | 39 | | (B) transmission voltage and distribution |
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| 40 | 40 | | voltage electric services. |
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| 41 | 41 | | SECTION 4. Section 2274.0102, Government Code, is amended |
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| 42 | 42 | | by adding Subsection (c) to read as follows: |
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| 43 | 43 | | (c) Subsection (a) does not apply to an agreement to: |
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| 44 | 44 | | (1) provide utility services to a company described by |
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| 45 | 45 | | Subsection (a)(2); or |
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| 46 | 46 | | (2) construct, operate, or maintain infrastructure to |
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| 47 | 47 | | provide utility services to a company described by Subsection |
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| 48 | 48 | | (a)(2). |
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| 49 | 49 | | SECTION 5. Section 113.002(c), Business & Commerce Code, as |
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| 50 | 50 | | added by this Act, and Section 2274.0102(c), Government Code, as |
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| 51 | 51 | | added by this Act, apply only to a contract or agreement entered |
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| 52 | 52 | | into on or after the effective date of this Act. |
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| 53 | 53 | | SECTION 6. This Act takes effect immediately if it receives |
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| 54 | 54 | | a vote of two-thirds of all the members elected to each house, as |
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| 55 | 55 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 56 | 56 | | Act does not receive the vote necessary for immediate effect, this |
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| 57 | 57 | | Act takes effect September 1, 2023. |
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