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A BILL TO BE ENTITLED
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AN ACT
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relating to the approval of an application for a certificate of |
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convenience and necessity by the Texas Public Utility Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 37.056, Texas Utilities Code, is amended |
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by adding Subsections (d) and (e) to read as follows: |
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(d) The commission shall not grant a certificate for a |
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transmission line if: |
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(1) The transmission line will have a voltage greater |
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than 100,000 Volts AC phase to ground and would be located within |
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1/4 mile of a public primary school or secondary school building; |
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(2) The transmission line will have a voltage less |
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than 100,000 Volts AC phase to ground and would be located within |
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1/8 mile of a public primary school or secondary school building; |
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(3) The transmission line will be used to supply a new |
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electrical substation or switching station with voltage greater |
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than 100,000 Volts AC phase to ground that would be located within 2 |
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miles of the center of a city of population less than 50,000; or |
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(4) The transmission line will have a voltage greater |
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than 100,000 Volts AC phase to ground and would be located within |
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the corporate boundaries of a municipality. |
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(e) For purposes of calculating transmission line route |
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impact, the commission shall consider residential lots that do not |
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have constructed residential units as if the lot had a residential |
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unit and was occupied by residents if: |
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(1) The residential lots are in a platted subdivision; |
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(2) The residential lots have completed roads for |
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access; |
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(3) The subdivision has at least 50% of its platted |
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lots with constructed residential units or has at least 20% of the |
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lots developed in the last 18 months prior to start of hearings. |
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(f) In selecting route alternatives for transmission line |
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certificates, the commission shall give preference to route designs |
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that place transmission structures adjacent to or within major |
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highway corridor right of ways. |
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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, 2009. |