89R9401 CXP-F
By: Richardson H.B. No. 4800
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,
construction, or enlargement of transmission facilities and
infrastructure, including substations, 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 siting,
construction, or enlargement of the transmission facilities,
including substations:
(1) shall send written notice to the electric utility
that includes the municipality's conditions the electric utility
must meet before siting, construction, or enlargement of the
facilities may proceed; and
(2) is considered to have consented to the siting,
construction, or enlargement of the facilities 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 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 4. 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 municipality's conditions 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 5. 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, 2025.