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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirement that affected landowners be notified of |
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a proposed change to the route of a new electric transmission line. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 37, Utilities Code, is |
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amended by adding Section 37.062 to read as follows: |
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Sec. 37.062. NOTICE TO AFFECTED LANDOWNERS ON REQUEST FOR |
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CHANGE OF PROPOSED TRANSMISSION LINE ROUTE. (a) The commission by |
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rule shall require a person who files a motion to intervene in a |
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hearing under this subchapter and who proposes a modification to |
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the proposed route for an electric transmission line to mail notice |
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of the proposed modification to the route to the owner, as stated on |
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current county tax rolls, of land that would be affected directly by |
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the modified route. For the purposes of this section, land would be |
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affected directly by a modified route for a transmission line if: |
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(1) the approval of the modified route would result in |
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the electric utility acquiring an easement or other property |
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interest over all or any portion of the land; or |
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(2) the land contains a habitable structure that is |
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located: |
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(A) not more than 300 feet from the centerline of |
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a transmission project of 230 kilovolts or less; or |
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(B) not more than 500 feet from the centerline of |
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a transmission project of more than 230 kilovolts. |
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(b) An intervenor that is required to give notice under |
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Subsection (a), shall mail the notice not later than the 21st day |
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before the date the commission deliberates concerning the issuance |
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of a certificate under this chapter regarding a proposed |
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transmission line route. |
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(c) An intervenor may establish proof of notice under this |
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section by filing an affidavit with the commission stating that the |
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intervenor sent notice by first class mail to each person listed on |
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the current county tax rolls as an owner of land directly affected |
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by the modified route. |
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(d) A notice under this section shall contain: |
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(1) a description of the type of electric transmission |
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facility proposed to be constructed; |
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(2) the date the commission is scheduled to deliberate |
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concerning the issuance of a certificate regarding the project; |
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(3) a clear and precise description of the geographic |
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area in which the transmission line would be constructed if the |
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modification to the route were approved; |
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(4) a statement regarding the location where the owner |
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of directly affected land may view a map of the modification to the |
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route for the proposed transmission line; |
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(5) a statement regarding how an owner can contact the |
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commission to comment on the modification to the route; |
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(6) the docket number assigned to the proceeding by |
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the commission; and |
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(7) any additional information required by the |
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commission. |
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SECTION 2. The change in law made by Section 37.062, |
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Utilities Code, as added by this Act, applies only to a motion to |
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intervene filed on or after the effective date of this Act. A motion |
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to intervene filed before the effective date of this Act is subject |
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to the law in effect on the date of filing, and that law is continued |
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in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |