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AN ACT
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relating to a restriction on the regulation of utility services and |
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infrastructure based on the energy source to be used or delivered. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 181, Utilities Code, is |
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amended by adding Section 181.903 to read as follows: |
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Sec. 181.903. RESTRICTION ON REGULATION OF UTILITY SERVICES |
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AND INFRASTRUCTURE. (a) In this section: |
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(1) "Regulatory authority" has the meanings assigned |
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by Sections 11.003 and 101.003. |
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(2) "Utility" has the meaning assigned by Section |
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181.901, except that the term does not include a person, company, or |
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corporation engaged in furnishing telephone service to the public. |
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(b) No regulatory authority, planning authority, or |
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political subdivision of this state may adopt or enforce an |
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ordinance, resolution, regulation, code, order, policy, or other |
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measure that has the purpose, intent, or effect of directly or |
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indirectly banning, limiting, restricting, discriminating against, |
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or prohibiting the connection or reconnection of a utility service |
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or the construction, maintenance, or installation of residential, |
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commercial, or other public or private infrastructure for a utility |
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service based on the type or source of energy to be delivered to the |
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end-use customer. |
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(c) An entity, including a regulatory authority, planning |
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authority, political subdivision, or utility, may not impose any |
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additional charge or pricing difference on a development or |
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building permit applicant for utility infrastructure that: |
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(1) encourages those constructing homes, buildings, |
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or other structural improvements to connect to a utility service |
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based on the type or source of energy to be delivered to the end-use |
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customer; or |
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(2) discourages the installation of facilities for the |
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delivery of or use of a utility service based on the type or source |
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of energy to be delivered to the end-use customer. |
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(d) This section does not limit the ability of a regulatory |
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authority or political subdivision to choose utility services for |
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properties owned by the regulatory authority or political |
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subdivision. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 17 was passed by the House on March |
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31, 2021, by the following vote: Yeas 116, Nays 29, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 17 was passed by the Senate on May 4, |
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2021, by the following vote: Yeas 28, Nays 2. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |