88R2816 MLH-F
By: Parker S.B. No. 2204
A BILL TO BE ENTITLED
AN ACT
relating to exceptions to prohibited contracts or other agreements
with certain foreign-owned companies in connection with critical
infrastructure in this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 113.001, Business & Commerce Code, as
added by Chapter 975 (S.B. 2116), Acts of the 87th Legislature,
Regular Session, 2021, is amended by adding Subdivision (5) to read
as follows:
(5) "Utility services" means telecommunication,
electric, water, or wastewater services provided to a customer, and
includes:
(A) demand response, load resource, net
metering, and similar electric service programs; and
(B) transmission voltage and distribution
voltage electric services.
SECTION 2. Section 113.002, Business & Commerce Code, as
added by Chapter 975 (S.B. 2116), Acts of the 87th Legislature,
Regular Session, 2021, is amended by adding Subsection (c) to read
as follows:
(c) Subsection (a) does not apply to an agreement to:
(1) provide utility services to a company described by
Subsection (a)(2); or
(2) construct, operate, or maintain infrastructure to
provide utility services to a company described by Subsection
(a)(2).
SECTION 3. Section 2274.0101, Government Code, is amended
by adding Subdivision (6) to read as follows:
(6) "Utility services" means telecommunication,
electric, water, or wastewater services provided to a customer, and
includes:
(A) demand response, load resource, net
metering, and similar electric service programs; and
(B) transmission voltage and distribution
voltage electric services.
SECTION 4. Section 2274.0102, Government Code, is amended
by adding Subsection (c) to read as follows:
(c) Subsection (a) does not apply to an agreement to:
(1) provide utility services to a company described by
Subsection (a)(2); or
(2) construct, operate, or maintain infrastructure to
provide utility services to a company described by Subsection
(a)(2).
SECTION 5. Section 113.002(c), Business & Commerce Code, as
added by this Act, and Section 2274.0102(c), Government Code, as
added by this Act, apply only to a contract or agreement entered
into on or after the effective date of this Act.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.