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A BILL TO BE ENTITLED
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AN ACT
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relating to local government regulations based on utility service |
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type. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 250, Local Government Code, is amended |
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by adding Section 250.011 to read as follows: |
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Sec. 250.011. PROHIBITION ON REGULATIONS BASED ON TYPE OF |
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UTILITY SERVICE. (a) A political subdivision requiring the |
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issuance of a building permit may not deny a permit application |
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based on the type of utility service provided to the project. |
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(b) A political subdivision issuing a building permit shall |
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ensure that all applicable permits and fees contain requirements |
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and amounts that do not: |
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(1) exceed the requirements and amounts for the use of |
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other types of utility services; or |
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(2) have the effect of restricting a permit |
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applicant's ability to use a specific type of utility service from a |
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provider that is authorized to provide service. |
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(c) An ordinance, order, or other regulation adopted by a |
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political subdivision may not restrict a person's ability to use a |
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specific type of utility service from a provider that is authorized |
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to provide service. |
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(d) A political subdivision may not impose a fine, penalty, |
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or other requirement based on type of utility service that has the |
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effect of restricting a utility provider's authority to operate or |
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serve customers. |
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(e) This section does not affect the authority of a |
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political subdivision to: |
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(1) manage the public highways within the political |
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subdivision's boundaries; or |
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(2) exercise the political subdivision's police powers |
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to review and approve an application before issuing a permit. |
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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. |