By: Hall	S.B. No. 2460

	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 of
	facilities, including substations, construction or enlargement of
	facilities, 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
	construction of a transmission line:
	(1)  shall send written notice to the electric utility
	that includes the municipal conditions that the electric utility
	must meet before construction of the transmission line may proceed;
	and
	(2)  is considered to have consented to the
	construction of the transmission line 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 41.005, Utilities Code, is amended to
	read as follows:
	Sec. 41.005.  LIMITATION ON MUNICIPAL AUTHORITY.
	Notwithstanding any other provision of this title, a municipality
	may not directly or indirectly regulate the rates, operations, and
	services, including transmission services, of an electric
	cooperative, except, with respect to operations, a municipality may
	impose conditions reasonably [to the extent] necessary to protect
	the public health, safety, or welfare. 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.
	SECTION 4.  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 5.  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 municipal conditions that 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 6.  This Act takes effect September 1, 2023.