88R14187 JXC-D
 
  By: Troxclair H.B. No. 4207
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to municipally owned utility vegetation management.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter Z, Chapter 552, Local Government
  Code, is amended by adding Section 552.915 to read as follows:
         Sec. 552.915.  PROHIBITION ON TRANSFER OF MUNICIPAL UTILITY
  REVENUE. (a) In this section:
               (1)  "Municipal utility" means a utility system owned,
  operated, or controlled by a municipality.
               (2)  "Utility system" has the meaning assigned by
  Section 552.914.
         (b)  Notwithstanding any other law, a municipality may not
  transfer revenue from a municipal utility that provides electric
  service to the general fund of the municipality in a fiscal year if
  the commission determines under Section 38.101, Utilities Code,
  that the utility's vegetation management activities are
  insufficient to ensure reliable service in that year.
         SECTION 2.  Section 38.101, Utilities Code, is amended to
  read as follows:
         Sec. 38.101.  REPORT ON INFRASTRUCTURE IMPROVEMENT AND
  MAINTENANCE.  (a)  Not later than May 1 of each year, each electric
  utility and municipally owned utility shall submit to the
  commission a report describing the utility's activities related to:
               (1)  identifying areas that are susceptible to damage
  during severe weather and hardening transmission and distribution
  facilities in those areas;
               (2)  vegetation management; and
               (3)  inspecting distribution poles.
         (b)  Each electric utility and municipally owned utility
  shall include in a report required under Subsection (a) a summary of
  the utility's activities related to preparing for emergency
  operations.
         (c)  The commission shall evaluate each report submitted by a
  municipally owned utility under this section and notify the utility
  if the commission determines that the utility's vegetation
  management activities are insufficient to ensure reliable service.
         SECTION 3.  This Act takes effect September 1, 2023.