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Current as of January 01, 2024 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Texas Utilities Code - UTIL § 181.903. Restriction on Regulation of Utility Services and Infrastructure - last updated January 01, 2024 | https://codes.findlaw.com/tx/utilities-code/util-sect-181-903/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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