H.B. No. 17
 
 
 
 
AN ACT
  relating to a restriction on the regulation of utility services and
  infrastructure based on the energy source to be used or delivered.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter Z, Chapter 181, Utilities Code, is
  amended by adding Section 181.903 to read as follows:
         Sec. 181.903.  RESTRICTION ON REGULATION OF UTILITY SERVICES
  AND INFRASTRUCTURE. (a) In this section:
               (1)  "Regulatory authority" has the meanings assigned
  by Sections 11.003 and 101.003.
               (2)  "Utility" has the meaning assigned by Section
  181.901, except that the term does not include a person, company, or
  corporation engaged in furnishing telephone service to the public.
         (b)  No regulatory authority, planning authority, or
  political subdivision of this state may adopt or enforce an
  ordinance, resolution, regulation, code, order, policy, or other
  measure that has the purpose, intent, or effect of directly or
  indirectly banning, limiting, restricting, discriminating against,
  or prohibiting the connection or reconnection of a utility service
  or the construction, maintenance, or installation of residential,
  commercial, or other public or private infrastructure for a utility
  service based on the type or source of energy to be delivered to the
  end-use customer.
         (c)  An entity, including a regulatory authority, planning
  authority, political subdivision, or utility, may not impose any
  additional charge or pricing difference on a development or
  building permit applicant for utility infrastructure that:
               (1)  encourages those constructing homes, buildings,
  or other structural improvements to connect to a utility service
  based on the type or source of energy to be delivered to the end-use
  customer; or
               (2)  discourages the installation of facilities for the
  delivery of or use of a utility service based on the type or source
  of energy to be delivered to the end-use customer.
         (d)  This section does not limit the ability of a regulatory
  authority or political subdivision to choose utility services for
  properties owned by the regulatory authority or political
  subdivision.
         SECTION 2.  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, 2021.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 17 was passed by the House on March
  31, 2021, by the following vote:  Yeas 116, Nays 29, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 17 was passed by the Senate on May 4,
  2021, by the following vote:  Yeas 28, Nays 2.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor