Texas Utilities Code - Section 41.053. Retail Customer Right Of Choice
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Texas Laws > Utilities Code > Texas Utilities Code - Section 41.053. Retail Customer Right Of Choice
Section: 41.001 41.002 41.003 41.004 41.005 41.051 41.052 41.053 41.054 41.055 41.056 41.057 41.058 41.059 41.060
§ 41.053. RETAIL CUSTOMER RIGHT OF CHOICE. (a) If an
electric cooperative chooses to participate in customer choice,
after that choice, all retail customers within the certificated
service area of the electric cooperative shall have the right of
customer choice, and the electric cooperative shall provide
nondiscriminatory open access for retail service.
(b) Notwithstanding Section 39.107, the metering function
may not be deemed a competitive service for customers of the
electric cooperative within that service area and may, at the
option of the electric cooperative, continue to be offered by the
electric cooperative as sole provider.
(c) On its initiation of customer choice, an electric
cooperative shall designate itself or another entity as the
provider of last resort for retail customers within the electric
cooperative's certificated service area and shall fulfill the role
of default provider of last resort in the event no other entity is
available to act in that capacity.
(d) If a retail electric provider fails to serve a customer
described in Subsection (c), on request by the customer, the
provider of last resort shall offer the customer the standard
retail service package for the appropriate customer class, with no
interruption of service, at a fixed, nondiscountable rate that is
at least sufficient to cover the reasonable costs of providing that
service, as approved by the board of directors.
(e) The board of directors may establish the procedures and
criteria for designating the provider of last resort and may
redesignate the provider of last resort according to a schedule it
Added by Acts 1999, 76th Leg., ch. 405, § 39, eff. Sept. 1, 1999.
Last modified: August 11, 2007