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A BILL TO BE ENTITLED
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AN ACT
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relating to exceptions to prohibited contracts or other agreements |
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with certain foreign-owned companies in connection with critical |
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infrastructure in this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 113.001, Business & Commerce Code, as |
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added by Chapter 975 (S.B. 2116), Acts of the 87th Legislature, |
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Regular Session, 2021, is amended by adding Subdivision (5) to read |
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as follows: |
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(5) "Utility services" means telecommunication, |
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electric, water, or wastewater services provided to a customer, and |
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includes: |
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(A) demand response, load resource, net |
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metering, and similar electric service programs; and |
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(B) transmission voltage and distribution |
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voltage electric services. |
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SECTION 2. Section 113.002, Business & Commerce Code, as |
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added by Chapter 975 (S.B. 2116), Acts of the 87th Legislature, |
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Regular Session, 2021, is amended by adding Subsection (c) to read |
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as follows: |
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(c) Subsection (a) does not apply to an agreement to: |
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(1) provide utility services to a company described by |
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Subsection (a)(2); or |
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(2) construct, operate, or maintain infrastructure to |
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provide utility services to a company described by Subsection |
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(a)(2). |
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SECTION 3. Section 2274.0101, Government Code, is amended |
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by adding Subdivision (6) to read as follows: |
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(6) "Utility services" means telecommunication, |
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electric, water, or wastewater services provided to a customer, and |
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includes: |
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(A) demand response, load resource, net |
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metering, and similar electric service programs; and |
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(B) transmission voltage and distribution |
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voltage electric services. |
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SECTION 4. Section 2274.0102, Government Code, is amended |
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by adding Subsection (c) to read as follows: |
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(c) Subsection (a) does not apply to an agreement to: |
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(1) provide utility services to a company described by |
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Subsection (a)(2); or |
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(2) construct, operate, or maintain infrastructure to |
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provide utility services to a company described by Subsection |
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(a)(2). |
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SECTION 5. Section 113.002(c), Business & Commerce Code, as |
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added by this Act, and Section 2274.0102(c), Government Code, as |
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added by this Act, apply only to a contract or agreement entered |
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into on or after the effective date of this Act. |
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SECTION 6. 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, 2023. |