Bill Text: TX SB1938 | 2019-2020 | 86th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to certificates of convenience and necessity for the construction of facilities for the transmission of electricity.
Spectrum: Slight Partisan Bill (Republican 8-5)
Status: (Passed) 2019-05-16 - Effective immediately [SB1938 Detail]
Download: Texas-2019-SB1938-Introduced.html
Bill Title: Relating to certificates of convenience and necessity for the construction of facilities for the transmission of electricity.
Spectrum: Slight Partisan Bill (Republican 8-5)
Status: (Passed) 2019-05-16 - Effective immediately [SB1938 Detail]
Download: Texas-2019-SB1938-Introduced.html
2019S0321-2 03/05/19 | ||
By: Hancock | S.B. No. 1938 |
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relating to certificates of convenience and necessity for the | ||
construction of transmission facilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 37.051(a), Utilities Code, is amended to | ||
read as follows: | ||
(a) An electric utility [ |
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or indirectly provide service to the public under a franchise or | ||
permit unless the utility [ |
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commission a certificate that states that the public convenience | ||
and necessity requires or will require the installation, operation, | ||
or extension of the service. | ||
SECTION 2. Section 37.053(a), Utilities Code, is amended to | ||
read as follows: | ||
(a) An electric utility [ |
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obtain or amend a certificate must submit an application to the | ||
commission. | ||
SECTION 3. Section 37.055, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 37.055. REQUEST FOR PRELIMINARY ORDER. (a) An | ||
electric utility [ |
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privilege under a franchise or permit that the utility [ |
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the commission for a preliminary order under this section. | ||
(b) The commission may issue a preliminary order declaring | ||
that the commission, on application and under commission rules, | ||
will grant the requested certificate on terms the commission | ||
designates, after the electric utility [ |
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the franchise or permit. | ||
(c) The commission shall grant the certificate on | ||
presentation of evidence satisfactory to the commission that the | ||
electric utility [ |
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permit. | ||
SECTION 4. Section 37.056, Utilities Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) A certificate for a new transmission facility that | ||
directly interconnects with an existing electric utility facility | ||
may only be granted to the owner of that existing facility. If a new | ||
transmission facility will directly interconnect with facilities | ||
owned by different electric utilities, one or both of those | ||
utilities shall be certificated to construct the new facility. | ||
SECTION 5. Section 37.057, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 37.057. DEADLINE FOR APPLICATION FOR NEW TRANSMISSION | ||
FACILITY. [ |
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deny an application for a certificate for a new transmission | ||
facility not later than the first anniversary of the date the | ||
application is filed. If the commission does not approve or deny | ||
the application on or before that date, a party may seek a writ of | ||
mandamus in a district court of Travis County to compel the | ||
commission to decide on the application. | ||
SECTION 6. Section 37.151, Utilities Code, is amended to | ||
read as follows: | ||
Sec. 37.151. PROVISION OF SERVICE. Except as provided by | ||
this section, Section 37.152, and Section 37.153, a certificate | ||
holder[ |
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(1) serve every consumer in the utility's certificated | ||
area; and | ||
(2) provide continuous and adequate service in that | ||
area. | ||
SECTION 7. Section 37.154(a), Utilities Code, is amended to | ||
read as follows: | ||
(a) An electric utility may sell, assign, or lease a | ||
certificate or a right obtained under a certificate if [ |
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previously certificated by the commission to provide electric | ||
service within the same electric power region, coordinating | ||
council, independent system operator, or power pool. As part of a | ||
transaction subject to Sections 39.262(l)-(o) and 39.915, the | ||
commission may approve a sale, assignment, or lease to an entity | ||
that has not been previously certificated if the approval will not | ||
diminish the retail rate jurisdiction of this state [ |
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SECTION 8. Sections 37.051(d), (e), and (f), Utilities | ||
Code, are repealed. | ||
SECTION 9. 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, 2019. |