Proclamation - To Speed Restoration of Electricity
TO ALL TO WHOM THESE PRESENTS SHALL COME:
I, RICK PERRY, GOVERNOR OF THE STATE OF TEXAS, on September 20, 2005, did issue an Emergency Disaster Proclamation as Hurricane Rita posed a threat of imminent disaster along the Texas Coast; and
WHEREAS, Hurricane Rita struck the State of Texas on September 24, 2005, causing massive destruction in South and East Texas; and
WHEREAS, extensive damage in Texas as a result of Hurricane Rita has caused widespread power outages; and
WHEREAS, the expeditious restoration of electrical services is crucial for the health, safety, and welfare of the citizens of Texas, and for the preservation of life and property in the recovery efforts from the devastating effects of Hurricane Rita; and
WHEREAS, Texas Government Code, Section 418.017, provides that the Governor may use all available resources of state government and of political subdivisions that are reasonably necessary to cope with a disaster; temporarily reassign resources, personnel, or functions of state executive departments and agencies or their units for the purpose of performing or facilitating emergency services; and commandeer or use any private property necessary to cope with the disaster.
NOW THEREFORE, by virtue of the authority vested by the Constitution and laws of the State of Texas, I hereby order and direct as follows:
Temporary Utility Connections. Utilities located in the State of Texas and regulated by the Public Utility Commission of Texas are hereby authorized to make temporary connections at the distribution and transmission level, voltages such as 12.5 kV, 13.2 kV, 25 kV, 69 kV, 138 kV, 230 kV, to restore power to Entergy, electric cooperatives, and municipal customers within the State of Texas. This temporary action will allow restoration of critical infrastructure facilities such as hospitals, law enforcement facilities, water pumping stations, fire stations, water treatment plants, sewer facilities, nursing homes, schools, and other customers that have been without power as a result of Hurricane Rita.
Authorization to Enter. Utilities located in the State of Texas and regulated by the Public Utility Commission of Texas are hereby authorized to enter and use private property as necessary for the limited purpose of connecting power lines and reconstructing the electric utility grid, including but not limited to establishing temporary above-ground and underground power lines, switching and transforming facilities, and transporting materials and equipment necessary to the restoration of electrical power.
Protection of Property Rights. Those utilities are further directed to undertake the restoration effort in a manner that maximizes the use of existing state and local government resources, easements, and property to preserve the property and privacy rights of affected Texas property owners to the greatest extent possible.
Public Easments. State and local political subdivisions and special districts are hereby directed to surrender existing highway, utility, and other public easements and state-owned or controlled land for the same purposes.
This proclamation shall continue in effect as long as a state of emergency and the Emergency Disaster Proclamation issued on September 20, 2005, remain in effect, unless rescinded earlier by my order.
IN TESTIMONY WHEREOF, I have signed my name officially and caused the Seal of the State to be affixed hereto at Austin, this 28th day of September, 2005.
Governor of Texas
Secretary of State