H.B. No. 971
 
 
 
 
AN ACT
  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