This section bars certain public authorities and utilities from adopting or enforcing measures that restrict utility connections or related infrastructure based on energy source, and from charging different amounts that would encourage or discourage certain utility choices.
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. Added by Acts 2021, 87th Leg., R.S., Ch. 44 (H.B. 17), Sec. 1, eff. May 18, 2021.