Bill Text: TX HB971 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to electric transmission facilities.
Sponsorship: Partisan Bill (Republican 4)
Status: (Passed) 2011-06-17 - Effective immediately [HB971 Detail]
Download: Texas-2011-HB971-Enrolled.html
| H.B. No. 971 | ||
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| relating to electric transmission facilities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 37.053, Utilities Code, is amended by | ||
| adding Subsections (c) and (d) to read as follows: | ||
| (c) The commission may not require the applicant to | ||
| designate a preferred route for a proposed transmission line | ||
| facility. | ||
| (d) For transmission facilities ordered or approved by the | ||
| commission under Chapter 37 or 39, the rights extended to an | ||
| electric corporation under Section 181.004 include all public land, | ||
| except land owned by the state, on which the commission has approved | ||
| the construction of the line. This subsection does not limit a | ||
| municipality's rights or an electric utility's obligations under | ||
| Chapter 33. Nothing in this subsection shall be interpreted to | ||
| prevent a public entity from expressing a route preference in a | ||
| proceeding under this chapter. | ||
| SECTION 2. (a) Section 37.056, Utilities Code, is amended | ||
| by adding Subsection (d) to read as follows: | ||
| (d) The commission by rule shall establish criteria, in | ||
| addition to the criteria described by Subsection (c), for granting | ||
| a certificate for a transmission project that serves the ERCOT | ||
| power region, that is not necessary to meet state or federal | ||
| reliability standards, and that does not serve a competitive | ||
| renewable energy zone. The criteria must include a comparison of | ||
| the estimated cost of the transmission project and the estimated | ||
| cost savings that may result from the transmission project. The | ||
| commission shall include with its decision on an application for a | ||
| certificate to which this subsection applies findings on the | ||
| criteria. | ||
| (b) The change in law made by this section applies only to a | ||
| certificate application filed with the Public Utility Commission of | ||
| Texas on or after the effective date of this Act and to a | ||
| certificate application pending on the effective date of this Act. | ||
| A certificate application filed with the Public Utility Commission | ||
| of Texas before the effective date of this Act and not pending on | ||
| the effective date of this Act is subject to the law in effect on the | ||
| date the application is filed, and that law is continued in effect | ||
| for that purpose. | ||
| SECTION 3. The Public Utility Commission of Texas shall | ||
| adopt or revise rules under Section 37.053, Utilities Code, as | ||
| amended by this Act, before June 1, 2012. | ||
| SECTION 4. The change in law made by this Act to Section | ||
| 37.053(c), Utilities Code, applies only to an application for a | ||
| certificate of convenience and necessity that is filed with the | ||
| Public Utility Commission of Texas on or after the effective date of | ||
| this Act. An application for a certificate of convenience and | ||
| necessity that was filed with the commission before the effective | ||
| date of this Act is governed by the law in effect on the date the | ||
| application was filed, and that law is continued in effect for that | ||
| purpose. | ||
| 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, 2011. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 971 was passed by the House on May 5, | ||
| 2011, by the following vote: Yeas 146, Nays 0, 1 present, not | ||
| voting; and that the House concurred in Senate amendments to H.B. | ||
| No. 971 on May 27, 2011, by the following vote: Yeas 138, Nays 0, 3 | ||
| present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 971 was passed by the Senate, with | ||
| amendments, on May 24, 2011, by the following vote: Yeas 30, Nays | ||
| 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
