Bill Text: TX HB795 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to a municipality's ability to enforce zoning and other land use regulations against electric companies.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2019-03-05 - Left pending in committee [HB795 Detail]
Download: Texas-2019-HB795-Introduced.html
| 86R3590 GRM-F | ||
| By: Patterson | H.B. No. 795 | |
|
|
||
|
|
||
| relating to a municipality's ability to enforce zoning and other | ||
| land use regulations against electric companies. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 41.005, Utilities Code, is amended to | ||
| read as follows: | ||
| Sec. 41.005. LIMITATION ON MUNICIPAL AUTHORITY. (a) | ||
| Notwithstanding any other provision of this title, a municipality | ||
| may not directly or indirectly regulate the rates, operations, and | ||
| services of an electric cooperative, except, with respect to | ||
| operations, to the extent necessary to protect the public health, | ||
| safety, or welfare. | ||
| (b) This section does not prohibit a municipality from | ||
| making a lawful charge for the use of public rights-of-way within | ||
| the municipality as provided by Section 182.025, Tax Code, and | ||
| Section 33.008 of this code. An electric cooperative shall be an | ||
| electric utility for purposes of Section 182.025, Tax Code, and | ||
| Section 33.008 of this code. | ||
| (c) This section does not prohibit a municipality from | ||
| enforcing the municipality's zoning or other land use regulations, | ||
| including a specific use permit, except that a municipality's | ||
| enforcement of the municipality's land use regulations may not: | ||
| (1) operate to exclude the electric cooperative from | ||
| the municipality; or | ||
| (2) directly conflict with a certification granted by | ||
| the commission under Chapter 37. | ||
| SECTION 2. This Act takes effect September 1, 2019. | ||
