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