TITLE: Relating to exceptions to prohibited contracts or other agreements with certain foreign-owned companies in connection with critical infrastructure in this state.

SUMMARY: Relating to exceptions to prohibited contracts or other agreements with certain foreign-owned companies in connection with critical infrastructure in this state.

FULL TEXT:
AN ACT relating to exceptions to prohibited contracts or other agreements with certain foreign-owned companies in connection with critical infrastructure in this state. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 113.001, Business & Commerce Code, as added by Chapter 975 (S.B. 2116), Acts of the 87th Legislature, Regular Session, 2021, is amended by adding Subdivision (5) to read as follows: (5) "Utility services" means telecommunication, electric, water, or wastewater services provided to a customer, and includes: (A) demand response, load resource, net metering, and similar electric service programs; and (B) transmission voltage and distribution voltage electric services. SECTION 2. Section 113.002, Business & Commerce Code, as added by Chapter 975 (S.B. 2116), Acts of the 87th Legislature, Regular Session, 2021, is amended by adding Subsection (c) to read as follows: (c) Subsection (a) does not apply to an agreement to: (1) provide utility services to a company described by Subsection (a)(2); or (2) construct, operate, or maintain infrastructure to provide utility services to a company described by Subsection (a)(2). SECTION 3. Section 2274.0101, Government Code, is amended by adding Subdivision (6) to read as follows: (6) "Utility services" means telecommunication, electric, water, or wastewater services provided to a customer, and includes: (A) demand response, load resource, net metering, and similar electric service programs; and (B) transmission voltage and distribution voltage electric services. SECTION 4. Section 2274.0102, Government Code, is amended by adding Subsection (c) to read as follows: (c) Subsection (a) does not apply to an agreement to: (1) provide utility services to a company described by Subsection (a)(2); or (2) construct, operate, or maintain infrastructure to provide utility services to a company described by Subsection (a)(2). SECTION 5. Section 113.002(c), Business & Commerce Code, as added by this Act, and Section 2274.0102(c), Government Code, as added by this Act, apply only to a contract or agreement entered into on or after the effective date of this Act. SECTION 6. 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.