City silence counts as consent for power facilities

The text as introduced · 454 words

89R9401 CXP-F

By: Hall
S.B. No. 1206

A BILL TO BE ENTITLED

AN ACT

relating to the provision of certain electricity services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 31.002(20), Utilities Code, is amended

to read as follows:

(20) "Transmission service" includes siting,

construction , or enlargement of transmission facilities and

infrastructure, including substations , transmission over

distribution facilities, control area services, scheduling

resources, regulation services, reactive power support, voltage

control, provision of operating reserves, and any other associated

electrical service the commission determines appropriate, except

that, on and after the implementation of customer choice, control

area services, scheduling resources, regulation services,

provision of operating reserves, and reactive power support,

voltage control, and other services provided by generation

resources are not "transmission service."

SECTION 2. Section 37.052, Utilities Code, is amended by

adding Subsection (d) to read as follows:

(d) A municipality that receives a request from an electric

utility for written consent under Subsection (c)(2) for the siting,

construction, or enlargement of the transmission facilities,

including substations:

(1) shall send written notice to the electric utility

that includes the municipality's conditions the electric utility

must meet before siting, construction, or enlargement of the

facilities may proceed; and

(2) is considered to have consented to the siting,

construction, or enlargement of the facilities if the municipality

does not respond in writing to the request before the 90th day after

the date the electric utility submitted the request.

SECTION 3. Section 181.042, Utilities Code, is amended to

read as follows:

Sec. 181.042. AUTHORITY TO CONSTRUCT, MAINTAIN, AND OPERATE

LINES AND RELATED FACILITIES . An electric utility has the right to

construct, maintain, and operate lines and related facilities over,

under, across, on, or along a state highway, a county road, a

municipal street or alley, or other public property in a

municipality.

SECTION 4. Section 181.043, Utilities Code, is amended by

adding Subsection (c) to read as follows:

(c) A municipality that receives a request from an electric

utility for the municipality's consent to an activity described by

Section 181.042:

(1) shall send written notice to the electric utility

that includes the municipality's conditions the electric utility

must meet before the activity may proceed; and

(2) is considered to have consented to the activity if

the municipality does not respond in writing to the request before

the 90th day after the date the electric utility submitted the

request.

SECTION 5. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.