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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of certain electricity services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 31.002(20), Utilities Code, is amended |
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to read as follows: |
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(20) "Transmission service" includes siting, |
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construction, or enlargement of transmission facilities and |
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infrastructure, including substations, transmission over |
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distribution facilities, control area services, scheduling |
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resources, regulation services, reactive power support, voltage |
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control, provision of operating reserves, and any other associated |
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electrical service the commission determines appropriate, except |
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that, on and after the implementation of customer choice, control |
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area services, scheduling resources, regulation services, |
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provision of operating reserves, and reactive power support, |
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voltage control, and other services provided by generation |
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resources are not "transmission service." |
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SECTION 2. Section 37.052, Utilities Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) A municipality that receives a request from an electric |
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utility for written consent under Subsection (c)(2) for the siting, |
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construction, or enlargement of the transmission facilities, |
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including substations: |
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(1) shall send written notice to the electric utility |
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that includes the municipality's conditions the electric utility |
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must meet before siting, construction, or enlargement of the |
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facilities may proceed; and |
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(2) is considered to have consented to the siting, |
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construction, or enlargement of the facilities if the municipality |
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does not respond in writing to the request before the 90th day after |
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the date the electric utility submitted the request. |
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SECTION 3. Section 181.042, Utilities Code, is amended to |
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read as follows: |
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Sec. 181.042. AUTHORITY TO CONSTRUCT, MAINTAIN, AND OPERATE |
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LINES AND RELATED FACILITIES. An electric utility has the right to |
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construct, maintain, and operate lines and related facilities over, |
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under, across, on, or along a state highway, a county road, a |
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municipal street or alley, or other public property in a |
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municipality. |
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SECTION 4. Section 181.043, Utilities Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) A municipality that receives a request from an electric |
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utility for the municipality's consent to an activity described by |
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Section 181.042: |
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(1) shall send written notice to the electric utility |
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that includes the municipality's conditions the electric utility |
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must meet before the activity may proceed; and |
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(2) is considered to have consented to the activity if |
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the municipality does not respond in writing to the request before |
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the 90th day after the date the electric utility submitted the |
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request. |
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SECTION 5. 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, 2025. |