VOLUME 26, NO. 3 JULY 2021 THE LONE STAR CURRENT A Publication of Lloyd Gosselink Rochelle & Townsend, P.C., for the Benefit of Its Clients & Friends A REGULAR SESSION LIKE NO OTHER - RECAP OF THE REGULAR SESSION OF THE 87TH TEXAS LEGISLATURE by Ty Embrey he Regular Session of the Texas I. Utilities – Response to Winter Storm water pressure of 20 pounds per square TLegislature ended on May 31st when Uri, Weatherization and Reliability inch, or at a water pressure level approved the Legislature adjourned Sine Die. by the Texas Commission on Environmental The Regular Session of the 87th Texas The Legislature passed a significant Quality (“TCEQ”), as soon as safe and Legislature was one of the most unusual package of bills in response to Winter practicable following the occurrence of a Regular Sessions the citizens of Texas Storm Uri and in an effort to address natural disaster; and adopt and submit to have ever seen. The Legislature operated reliability and weatherization issues to TCEQ for its approval: (A) an emergency the entire session under the conditions prevent many of the issues faced by preparedness plan that demonstrates the created by the Covid-19 pandemic and Texas citizens in February. The bills below utility’s ability to provide the emergency many normal legislative activities were are the major pieces of legislation that operations described by Subdivision impacted by the pandemic in some way. accomplished that objective: (1); and (B) a timeline for implementing The state experienced a major winter the emergency preparedness plan. SB 3 storm event, Winter Storm Uri, in February SB 3 (Schwertner) - Relating to preparing provides specific information regarding that caused a substantial number of for, preventing, and responding to TCEQ review of each utility’s emergency deaths and significantly impacted the weather emergencies, power outages, preparedness plan and what information electric grid in Texas. The Legislature and other disasters. SB 3 is the Texas should be included in such a plan. SB 3 invested a large amount of time and effort Legislature’s effort to improve the establishes that a retail public utility that during the Regular Session to try and reliability and weatherization efforts for address the issues that Winter Storm Uri water, gas, and electric utilities in Texas Legislature continued on page 4 brought to light. in response to Winter Storm Uri. There were numerous new requirements placed IN THIS ISSUE The Regular Session did kick off on January on electric and gas utilities. SB 3 created Firm News p. 2 12th with the election of a new Speaker of a new Texas Energy Reliability Council the Texas House, Dade Phelan. Speaker that is tasked with preparing a report Municipal Corner p. 3 Phelan is a Republican from Beaumont on an annual basis on the reliability and The Delay is Finally Over: EPA who has served as a state representative stability of the electricity supply chain Issues Final Federal Plan Pursuant for over 8 years. A total of 7148 bills and in this state. SB 3 also created the State to Landfill Emission Guidelines joint resolutions were filed during the Energy Plan Advisory Committee to study Rule Regular Session, 21 bills were vetoed by the Texas energy market and prepare a Sam Ballard p. 8 Governor Abbott, and 1083 bills and joint report that is due to the Texas Legislature PUC Commissioners Establish a resolutions became effective as Texas law. by September 1, 2022. In regards to water Bright Line Rule on Streamlined and wastewater utilities, SB 3 requires Expedited Release This article summarizes the major affected utilities, which SB 3 defines as Maris Chambers legislation that addressed reliability retail public utilities, exempt utilities, or p. 9 and weatherization issues for utilities, providers or conveyors of potable or raw Ask Sheila groundwater, water utilities, solid waste water service, to ensure the emergency Sheila B. Gladstone p. 10 and open government issues. operation of their water system during In the Courts p. 10 an extended power outage at a minimum Agency Highlights p. 18 lglawfirm.com FIRM NEWS Thomas Brocato and Taylor Denison will compliance with Texas Supreme Court be presenting “Legal Fallout from Winter cases, and best practices for drafting Storm Uri” at the Texas Public Power ordinances at the Texas City Attorneys Association 2021 Annual Meeting on July Association Summer Conference on 27 in San Antonio. August 5 in Austin. THE LONE STAR CURRENT Sheila Gladstone will be discussing the Sheila Gladstone will present “Fire, Aim, Published by “Fair Labor Standards Act, Overview Ready? Panel Discussion Navigating Lloyd Gosselink and Update” at the Texas City Attorneys Concealed Carry” at the Rural Telecom Rochelle & Townsend, P.C. Association Summer Conference on TxConnect Membership Summit on 816 Congress Avenue, Suite 1900 August 5 in Austin. August 16 in San Antonio. Austin, Texas 78701 512.322.5800 p Maris Chambers will give an “Update on Sheila Gladstone will give an “Employment 512.472.0532 f Certificate of Convenience and Necessity Law Update” at the Community lglawfirm.com Case Law” at the Texas City Attorneys Supervision and Corrections Chief’s Association Summer Conference on Conference on September 27 and the Sara R. Thornton August 5 in Austin. Community Supervision and Corrections Managing Editor Division HR Forum on September 29 in [email protected] Robyn Katz will discuss “Animal Issues” Galveston. Jeanne A. Rials including dangerous dog ordinances, Project Editor All written materials in this newsletter Copyrighted ©2021 by Lloyd Gosselink Rochelle & Townsend, P.C. Lloyd Gosselink Rochelle & Townsend, P.C., provides legal services and specialized assistance in the areas of municipal, environmental, regulatory, administrative and utility law, litigation and transactions, and labor and employment law, as well as legislative and other state government Lloyd Gosselink Rochelle & Townsend, P.C.’s podcast Listen In With Lloyd Gosselink: A relations services. Texas Law Firm, has completed its second season of episodes! In Season 2, we inter- viewed some new and returning guest speakers. During the show, you will hear our Based in Austin, the Firm’s attorneys firm’s attorneys share timely topics for our practice areas. You can listen to Season One represent clients before major utility and and Two by visiting our website at lglawfirm.com, lg.buzzsprout.com, or your favorite environmental agencies, in arbitration streaming platforms. proceedings, in all levels of state and federal courts, and before the Legislature. The Firm’s clients include private businesses, Click on the episodes to listen now: individuals, associations, municipalities, and other political subdivisions. • Ep. 7 – The Texas Legislature (COVID-19 Update) ft. Ty Embrey • Ep. 6 – Regulation of Per- and Polyfluoroalkyl Substances (PFAS) ft. Sara Thornton The Lone Star Current reviews items of and Lauren Thomas interest in the areas of environmental, • Ep. 5 – Governmental Immunity and Contract Provisions ft. Stefanie Albright and utility, municipal, construction, and James Parker employment law. It should not be construed • Ep. 4 – Ethics and Leadership in Challenging Times ft. Lauren Kalisek as legal advice or opinion and is not a • Ep. 3 – Federal Policy Updates in the New Administration ft. Sara Thornton, Nathan substitute for the advice of counsel. Vassar, and Lauren Thomas To receive an electronic version of The Lone • Ep. 2 – Employment Law during COVID-19: How to Implement a COVID-19 Vaccina- Star Current via e-mail, please contact tion Policy ft. Sarah Glaser and Emily Linn Jeanne Rials at 512.322.5833 or jrials@ lglawfirm.com. You can also access The • Ep. 1 – Working and Retiring at Lloyd Gosselink ft. Jamie Mauldin and Georgia Lone Star Current on the Firm’s website at Crump www.lglawfirm.com. Season Three is coming later this year! Interested in a topic and would like to hear from our expert attorneys in a practice area, email us at [email protected]. 2 | THE LONE STAR CURRENT | Volume 26, No. 3 MUNICIPAL CORNER The zoning authority of a municipality is likely subservient to public schools similarly. Citing Sections 12.103 and 12.105 of the reasonable exercise of an open-enrollment charter school the Texas Education Code, the AG first establishes that open- in choosing a building location. Tex. Att’y Gen. Op. KP-0373 enrollment charter schools are part of the public-school system (2021). and that the Legislature has provided that open-enrollment charter schools are generally subject to the municipal zoning The Honorable Larry Taylor, Chair of the Senate Committee on ordinances applicable to public schools. Reading these sections Education, requested an opinion by the Attorney General (“AG”) together and interpreting them in the context of the Act as to assess the authority of a municipality to place certain planning a whole, the AG suggests it was the Legislature’s intent that and zoning requirements upon facilities constructed by open- municipalities apply their zoning ordinances to open-enrollment enrollment public charter schools that are not otherwise applied charter schools in the same way they do to traditional public to facilities constructed by independent school districts. The schools. AG opined that the permitting process may not be used to deny public schools the right to choose reasonable locations for their The AG lastly turns to the question of whether an ordinance buildings, and that a municipal zoning ordinance treating open- requiring a special use permit or other permission or consent enrollment charter schools differently than other public schools from a municipality prior to construction usurps State authority to is likely inconsistent with state law. select and approve locations for open-enrollment public charter schools. The AG states that while the Commissioner of Education The AG first addresses a municipality’s authority to regulate grants the authority to operate an open-enrollment charter the location of public schools, including open-enrollment school, there is nothing specifying that the Commissioner, the charter schools.