Bill Text: TX HB795 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to a municipality's ability to enforce zoning and other land use regulations against electric companies.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-05 - Left pending in committee [HB795 Detail]
Download: Texas-2019-HB795-Introduced.html
86R3590 GRM-F | ||
By: Patterson | H.B. No. 795 |
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relating to a municipality's ability to enforce zoning and other | ||
land use regulations against electric companies. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 41.005, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 41.005. LIMITATION ON MUNICIPAL AUTHORITY. (a) | ||
Notwithstanding any other provision of this title, a municipality | ||
may not directly or indirectly regulate the rates, operations, and | ||
services of an electric cooperative, except, with respect to | ||
operations, to the extent necessary to protect the public health, | ||
safety, or welfare. | ||
(b) 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. | ||
(c) This section does not prohibit a municipality from | ||
enforcing the municipality's zoning or other land use regulations, | ||
including a specific use permit, except that a municipality's | ||
enforcement of the municipality's land use regulations may not: | ||
(1) operate to exclude the electric cooperative from | ||
the municipality; or | ||
(2) directly conflict with a certification granted by | ||
the commission under Chapter 37. | ||
SECTION 2. This Act takes effect September 1, 2019. |