By: Hall S.B. No. 2460
A BILL TO BE ENTITLED
AN ACT
relating to the provision of certain electricity services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.002(20), Utilities Code, is amended
to read as follows:
(20) "Transmission service" includes siting of
facilities, including substations, construction or enlargement of
facilities, transmission over distribution facilities, control
area services, scheduling resources, regulation services, reactive
power support, voltage control, provision of operating reserves,
and any other associated electrical service the commission
determines appropriate, except that, on and after the
implementation of customer choice, control area services,
scheduling resources, regulation services, provision of operating
reserves, and reactive power support, voltage control, and other
services provided by generation resources are not "transmission
service."
SECTION 2. Section 37.052, Utilities Code, is amended by
adding Subsection (d) to read as follows:
(d) A municipality that receives a request from an electric
utility for written consent under Subsection (c)(2) for the
construction of a transmission line:
(1) shall send written notice to the electric utility
that includes the municipal conditions that the electric utility
must meet before construction of the transmission line may proceed;
and
(2) is considered to have consented to the
construction of the transmission line if the municipality does not
respond in writing to the request before the 90th day after the date
the electric utility submitted the request.
SECTION 3. Section 41.005, Utilities Code, is amended to
read as follows:
Sec. 41.005. LIMITATION ON MUNICIPAL AUTHORITY.
Notwithstanding any other provision of this title, a municipality
may not directly or indirectly regulate the rates, operations, and
services, including transmission services, of an electric
cooperative, except, with respect to operations, a municipality may
impose conditions reasonably [to the extent] necessary to protect
the public health, safety, or welfare. This section does not
prohibit a municipality from making a lawful charge for the use of
public rights-of-way within the municipality as provided by Section
182.025, Tax Code, and Section 33.008 of this code. An electric
cooperative shall be an electric utility for purposes of Section
182.025, Tax Code, and Section 33.008 of this code.
SECTION 4. Section 181.042, Utilities Code, is amended to
read as follows:
Sec. 181.042. AUTHORITY TO CONSTRUCT, MAINTAIN, AND OPERATE
LINES AND RELATED FACILITIES. An electric utility has the right to
construct, maintain, and operate lines and related facilities over,
under, across, on, or along a state highway, a county road, a
municipal street or alley, or other public property in a
municipality.
SECTION 5. Section 181.043, Utilities Code, is amended by
adding Subsection (c) to read as follows:
(c) A municipality that receives a request from an electric
utility for the municipality's consent to an activity described by
Section 181.042:
(1) shall send written notice to the electric utility
that includes the municipal conditions that the electric utility
must meet before the activity may proceed; and
(2) is considered to have consented to the activity if
the municipality does not respond in writing to the request before
the 90th day after the date the electric utility submitted the
request.
SECTION 6. This Act takes effect September 1, 2023.