Texas 2023 - 88th Regular

Texas Senate Bill SB2460 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Hall S.B. No. 2460
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the provision of certain electricity services.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 31.002(20), Utilities Code, is amended
9	9	to read as follows:
10	10	(20) "Transmission service" includes siting of
11	11	facilities, including substations, construction or enlargement of
12	12	facilities, transmission over distribution facilities, control
13	13	area services, scheduling resources, regulation services, reactive
14	14	power support, voltage control, provision of operating reserves,
15	15	and any other associated electrical service the commission
16	16	determines appropriate, except that, on and after the
17	17	implementation of customer choice, control area services,
18	18	scheduling resources, regulation services, provision of operating
19	19	reserves, and reactive power support, voltage control, and other
20	20	services provided by generation resources are not "transmission
21	21	service."
22	22	SECTION 2. Section 37.052, Utilities Code, is amended by
23	23	adding Subsection (d) to read as follows:
24	24	(d) A municipality that receives a request from an electric
25	25	utility for written consent under Subsection (c)(2) for the
26	26	construction of a transmission line:
27	27	(1) shall send written notice to the electric utility
28	28	that includes the municipal conditions that the electric utility
29	29	must meet before construction of the transmission line may proceed;
30	30	and
31	31	(2) is considered to have consented to the
32	32	construction of the transmission line if the municipality does not
33	33	respond in writing to the request before the 90th day after the date
34	34	the electric utility submitted the request.
35	35	SECTION 3. Section 41.005, Utilities Code, is amended to
36	36	read as follows:
37	37	Sec. 41.005. LIMITATION ON MUNICIPAL AUTHORITY.
38	38	Notwithstanding any other provision of this title, a municipality
39	39	may not directly or indirectly regulate the rates, operations, and
40	40	services, including transmission services, of an electric
41	41	cooperative, except, with respect to operations, a municipality may
42	42	impose conditions reasonably [to the extent] necessary to protect
43	43	the public health, safety, or welfare. This section does not
44	44	prohibit a municipality from making a lawful charge for the use of
45	45	public rights-of-way within the municipality as provided by Section
46	46	182.025, Tax Code, and Section 33.008 of this code. An electric
47	47	cooperative shall be an electric utility for purposes of Section
48	48	182.025, Tax Code, and Section 33.008 of this code.
49	49	SECTION 4. Section 181.042, Utilities Code, is amended to
50	50	read as follows:
51	51	Sec. 181.042. AUTHORITY TO CONSTRUCT, MAINTAIN, AND OPERATE
52	52	LINES AND RELATED FACILITIES. An electric utility has the right to
53	53	construct, maintain, and operate lines and related facilities over,
54	54	under, across, on, or along a state highway, a county road, a
55	55	municipal street or alley, or other public property in a
56	56	municipality.
57	57	SECTION 5. Section 181.043, Utilities Code, is amended by
58	58	adding Subsection (c) to read as follows:
59	59	(c) A municipality that receives a request from an electric
60	60	utility for the municipality's consent to an activity described by
61	61	Section 181.042:
62	62	(1) shall send written notice to the electric utility
63	63	that includes the municipal conditions that the electric utility
64	64	must meet before the activity may proceed; and
65	65	(2) is considered to have consented to the activity if
66	66	the municipality does not respond in writing to the request before
67	67	the 90th day after the date the electric utility submitted the
68	68	request.
69	69	SECTION 6. This Act takes effect September 1, 2023.