1 | 1 | | 89R9401 CXP-F |
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2 | 2 | | By: Hall S.B. No. 1206 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the provision of certain electricity services. |
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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 31.002(20), Utilities Code, is amended |
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12 | 12 | | to read as follows: |
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13 | 13 | | (20) "Transmission service" includes siting, |
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14 | 14 | | construction, or enlargement of transmission facilities and |
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15 | 15 | | infrastructure, including substations, transmission over |
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16 | 16 | | distribution facilities, control area services, scheduling |
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17 | 17 | | resources, regulation services, reactive power support, voltage |
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18 | 18 | | control, provision of operating reserves, and any other associated |
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19 | 19 | | electrical service the commission determines appropriate, except |
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20 | 20 | | that, on and after the implementation of customer choice, control |
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21 | 21 | | area services, scheduling resources, regulation services, |
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22 | 22 | | provision of operating reserves, and reactive power support, |
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23 | 23 | | voltage control, and other services provided by generation |
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24 | 24 | | resources are not "transmission service." |
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25 | 25 | | SECTION 2. Section 37.052, Utilities Code, is amended by |
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26 | 26 | | adding Subsection (d) to read as follows: |
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27 | 27 | | (d) A municipality that receives a request from an electric |
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28 | 28 | | utility for written consent under Subsection (c)(2) for the siting, |
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29 | 29 | | construction, or enlargement of the transmission facilities, |
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30 | 30 | | including substations: |
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31 | 31 | | (1) shall send written notice to the electric utility |
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32 | 32 | | that includes the municipality's conditions the electric utility |
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33 | 33 | | must meet before siting, construction, or enlargement of the |
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34 | 34 | | facilities may proceed; and |
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35 | 35 | | (2) is considered to have consented to the siting, |
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36 | 36 | | construction, or enlargement of the facilities if the municipality |
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37 | 37 | | does not respond in writing to the request before the 90th day after |
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38 | 38 | | the date the electric utility submitted the request. |
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39 | 39 | | SECTION 3. Section 181.042, Utilities Code, is amended to |
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40 | 40 | | read as follows: |
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41 | 41 | | Sec. 181.042. AUTHORITY TO CONSTRUCT, MAINTAIN, AND OPERATE |
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42 | 42 | | LINES AND RELATED FACILITIES. An electric utility has the right to |
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43 | 43 | | construct, maintain, and operate lines and related facilities over, |
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44 | 44 | | under, across, on, or along a state highway, a county road, a |
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45 | 45 | | municipal street or alley, or other public property in a |
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46 | 46 | | municipality. |
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47 | 47 | | SECTION 4. Section 181.043, Utilities Code, is amended by |
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48 | 48 | | adding Subsection (c) to read as follows: |
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49 | 49 | | (c) A municipality that receives a request from an electric |
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50 | 50 | | utility for the municipality's consent to an activity described by |
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51 | 51 | | Section 181.042: |
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52 | 52 | | (1) shall send written notice to the electric utility |
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53 | 53 | | that includes the municipality's conditions the electric utility |
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54 | 54 | | must meet before the activity may proceed; and |
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55 | 55 | | (2) is considered to have consented to the activity if |
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56 | 56 | | the municipality does not respond in writing to the request before |
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57 | 57 | | the 90th day after the date the electric utility submitted the |
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58 | 58 | | request. |
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59 | 59 | | SECTION 5. This Act takes effect immediately if it receives |
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60 | 60 | | a vote of two-thirds of all the members elected to each house, as |
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61 | 61 | | provided by Section 39, Article III, Texas Constitution. If this |
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62 | 62 | | Act does not receive the vote necessary for immediate effect, this |
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63 | 63 | | Act takes effect September 1, 2025. |
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