By: King of Parker, Geren, Hilderbran H.B. No. 971

(Senate Sponsor - Fraser)

(In the Senate - Received from the House May 6, 2011; May 9, 2011, read first time and referred to Committee on Business and Commerce; May 21, 2011, reported favorably, as amended, by the following vote: Yeas 8, Nays 1; May 21, 2011, sent to printer.)

COMMITTEE AMENDMENT NO. 1 By: Jackson

Amend H.B. 971 as follows:

(1) In SECTION 1 of the bill, in the introductory language (page 1, line 34), between "(c)" and "to" insert "and Subsection (d)".

(2) In SECTION 1 of the bill, in amended Section 37.053, Utilities Code (page 1, between lines 37 and 38), insert the following:

(d) For transmission facilities ordered or approved by the commission under Chapters 37 or 39 to mitigate market power in accordance with Section 39.157(a), address reliability needs, or to otherwise ensure the competitiveness of electricity markets in this state, the rights extended to an electric corporation under Section 181.004 extend to all public and private land on which the commission has approved the construction of the line. This subsection does not limit a municipality's rights or an electric utility's obligations under Chapter 33.

(3) In SECTION 3 of the bill (page 1, line 41), strike "This Act" and substitute "The change in law made by this Act to Section 37.053(c), Utilities Code,".

A BILL TO BE ENTITLED

AN ACT

relating to removal of the requirement that an electric utility designate a preferred route for a transmission line in an application for a certificate of convenience and necessity.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 37.053, Utilities Code, is amended by adding Subsection (c) to read as follows:

(c) The commission may not require the applicant to designate a preferred route for a proposed transmission line facility.

SECTION 2. The Public Utility Commission of Texas shall adopt or revise rules under Section 37.053, Utilities Code, as amended by this Act, before June 1, 2012.

SECTION 3. This Act applies only to an application for a certificate of convenience and necessity that is filed with the Public Utility Commission of Texas on or after the effective date of this Act. An application for a certificate of convenience and necessity that was filed with the commission before the effective date of this Act is governed by the law in effect on the date the application was filed, and that law is continued in effect for that purpose.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2011.

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