Texas Codes

Tex. Util. Code § 37.053 (2026)

Application For Certificate

✓ current as of May 2026

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Sec. 37.053. APPLICATION FOR CERTIFICATE. (a) An electric utility that wants to obtain or amend a certificate must submit an application to the commission.

(b) The applicant shall file with the commission evidence the commission requires to show the applicant has received the consent, franchise, or permit required by the proper municipal or other public authority.

(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.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1170 (H.B. 3309), Sec. 3, eff. June 19, 2009.

Acts 2011, 82nd Leg., R.S., Ch. 949 (H.B. 971), Sec. 1, eff. June 17, 2011.

Acts 2019, 86th Leg., R.S., Ch. 44 (S.B. 1938), Sec. 2, eff. May 16, 2019.

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2012–2021 · leading case: Oncor Elec. Delivery Co. v. Dallas Area Rapid Transit, 369 S.W.3d 845 (Tex. 2012).

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Oncor Elec. Delivery Co. v. Dallas Area Rapid Transit, 369 S.W.3d 845 (Tex. 2012). · cites it 2× “Laws 2400 , 2400 [hereinafter "House Bill 971”], codified as Tex. Util. Code § 37.053(d). . See Tex. Util.”

Hidalgo Cnty. Water Improvement Dist. No. 3 v. Hidalgo Cnty. Irrigation Dist. No. 1 (Tex. App. 2021). “at 848 (cleaned up) (quoting TEX. UTIL. CODE ANN. § 37.053(d)). In explaining why § 37.”

Town of Westlake, Texas v. City of Southlake, Texas (Tex. App. 2021). “” Tex. Util. Code Ann. § 37.053 (d). The supreme court concluded that Section 37.”

— Tex. Util. Code § 37.053(d) — 2 cases

Oncor Elec. Delivery Co. v. Dallas Area Rapid Transit, 369 S.W.3d 845 (Tex. 2012). “Laws 2400 , 2400 [hereinafter "House Bill 971”], codified as Tex. Util. Code § 37.053(d). . See Tex. Util.”

Hidalgo Cnty. Water Improvement Dist. No. 3 v. Hidalgo Cnty. Irrigation Dist. No. 1 (Tex. App. 2021). “at 848 (cleaned up) (quoting TEX. UTIL. CODE ANN. § 37.053(d)). In explaining why § 37.”

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