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A BILL TO BE ENTITLED
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AN ACT
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relating to a municipality's ability to enforce zoning and other |
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land use regulations against electric companies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 41.005, Utilities Code, is amended to |
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read as follows: |
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Sec. 41.005. LIMITATION ON MUNICIPAL AUTHORITY. (a) |
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Notwithstanding any other provision of this title, a municipality |
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may not directly or indirectly regulate the rates, operations, and |
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services of an electric cooperative, except, with respect to |
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operations, to the extent necessary to protect the public health, |
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safety, or welfare. |
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(b) This section does not prohibit a municipality from |
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making a lawful charge for the use of public rights-of-way within |
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the municipality as provided by Section 182.025, Tax Code, and |
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Section 33.008 of this code. An electric cooperative shall be an |
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electric utility for purposes of Section 182.025, Tax Code, and |
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Section 33.008 of this code. |
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(c) This section does not prohibit a municipality from |
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enforcing the municipality's zoning or other land use regulations, |
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including a specific use permit, except that a municipality's |
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enforcement of the municipality's land use regulations may not: |
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(1) operate to exclude the electric cooperative from |
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the municipality; or |
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(2) directly conflict with a certification granted by |
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the commission under Chapter 37. |
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SECTION 2. This Act takes effect September 1, 2017. |