Bill Text: TX SB2460 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the provision of certain electricity services.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2023-05-06 - Referred to State Affairs [SB2460 Detail]
Download: Texas-2023-SB2460-Introduced.html
Bill Title: Relating to the provision of certain electricity services.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2023-05-06 - Referred to State Affairs [SB2460 Detail]
Download: Texas-2023-SB2460-Introduced.html
2023S0290-T 03/10/23 | ||
By: Hall | S.B. No. 2460 |
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relating to the right of an electric cooperative to construct, | ||
maintain, and operate facilities. | ||
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. | ||
Notwithstanding any other provision of this title, a municipality | ||
may not directly or indirectly regulate the rates, operations, and | ||
services, as that term is defined under Section 11.003, Utilities | ||
Code, including transmission services, as that term is defined | ||
under Section 31.002, Utilities Code, of an electric cooperative, | ||
except, with respect to operations, a municipality may impose | ||
conditions reasonably [ |
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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. An electric cooperative | ||
shall be an electric utility for purposes of Section 182.025, Tax | ||
Code, and Section 33.008. | ||
SECTION 2. Section 31.002(20), Utilities Code, is amended | ||
to read as follows: | ||
(20) "Transmission service" includes construction or | ||
enlargement of facilities, siting of infrastructure 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 3. Section 37.052, Utilities Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) If an electric utility requests consent under | ||
Subsection (c)(2) from a municipality, the municipality must grant | ||
or deny such request within 90 days of the electric utility's | ||
request for consent. If the municipality fails to grant or deny | ||
consent within 90 days of the electric utility's consent, the | ||
electric utility is presumed to have been granted such consent. | ||
SECTION 4. Section 181.041(1), Utilities Code, is amended | ||
to read as follows: | ||
(1) "Electric utility" means: | ||
(A) [ |
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river authority is created by a statute of this state: | ||
(i) that generates, transmits, or | ||
distributes electric energy in this state; and | ||
(ii) whose operations are subject to the | ||
judicial and legislative processes of this state; or | ||
(B) [ |
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SECTION 5. Section 161.125, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 161.125. EMINENT DOMAIN AND AUTHORITY TO CONSTRUCT, | ||
MAINTAIN, AND OPERATE FACILITIES. (a) An electric cooperative may | ||
exercise the power of eminent domain in the manner provided by state | ||
law for acquiring private property for public use. The power does | ||
not apply to state property or property of a political subdivision | ||
in this state. | ||
(b) An electric cooperative has the right to construct, | ||
maintain, and operate facilities over, under, across, on, or along | ||
state property or property of a political subdivision in this | ||
state. | ||
(1) An electric cooperative may exercise this | ||
authority subject to reasonable conditions of the relevant state | ||
agency or governing body of the political subdivision necessary to | ||
protect the public health, safety, or welfare. | ||
(2) Any such conditions must be issued by the relevant | ||
state agency or governing body of the political subdivision within | ||
90 days of notice by the electric cooperative. | ||
(3) The electric cooperative shall be authorized to | ||
proceed with the construction, maintenance, and operation of the | ||
facilities by the earlier of: | ||
(A) the date the conditions issued under | ||
Subsection (b)(2) are satisfied; or | ||
(B) a date that is not later than 120 days after | ||
any such conditions under Subsection (b)(2) are issued by the | ||
relevant state agency or governing body of the political | ||
subdivision. | ||
(4) An electric cooperative exercising this right | ||
shall be subject to the requirements applicable to electric | ||
utilities under Sections 181.044, 181.045, and 181.046, Utilities | ||
Code. | ||
SECTION 6. This Act takes effect September 1, 2023. |