84R9504 DDT-F
 
  By: Fraser S.B. No. 776
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority of the Public Utility Commission of Texas
  to approve certain transmission facilities constructed by a
  municipally owned utility.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 37.051, Utilities Code, is amended by
  adding Subsection (g) to read as follows:
         (g)  A municipally owned utility may not directly or
  indirectly construct, install, operate, or extend a transmission
  facility outside of its certificated service area unless the
  municipally owned utility first obtains from the commission,
  through the application process provided by Section 37.053, a
  certificate that states that the public convenience and necessity
  requires or will require the transmission facility. Section 37.056
  applies to an application under this subsection. This subsection
  does not apply to:
               (1)  a transmission facility that is used solely to
  provide the municipally owned utility access to a generation
  resource located outside its certificated service area; or
               (2)  upgrades to an existing transmission line that do
  not require any additional land, right-of-way, easement, or other
  property not owned by the municipally owned utility.
         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, 2015.