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• Texas Utilities Code Section 1.001 - Purpose Of Code
  (a) This code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed ...
• Texas Utilities Code Section 1.002 - Construction Of Code
  Chapter 311, Government Code (Code Construction Act), applies to the construction of each provision in this code except as otherwise expressly provided by this code. ...
• Texas Utilities Code Section 1.003 - Reference In Law To Statute Revised By Code
  A reference in a law to a statute or a part of a statute revised by this code is considered to be a reference to ...
• Texas Utilities Code Section 11.001 - Short Title
  This title may be cited as the Public Utility Regulatory Act. Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. ...
• Texas Utilities Code Section 11.002 - Purpose And Findings
  (a) This title is enacted to protect the public interest inherent in the rates and services of public utilities. The purpose of this title is ...
• Texas Utilities Code Section 11.003 - Definitions
  In this title: (1) "Affected person" means: (A) a public utility or electric cooperative affected by an action of a regulatory authority; (B) a person ...
• Texas Utilities Code Section 11.004 - Definition Of Utility
  In Subtitle A, "public utility" or "utility" means: (1) an electric utility, as that term is defined by Section 31.002; or (2) a public utility ...
• Texas Utilities Code Section 11.0042 - Definition Of Affiliate
  (a) The term "person" or "corporation" as used in the definition of "affiliate" provided by Section 11.003(2) does not include: (1) a broker or dealer ...
• Texas Utilities Code Section 11.005 - Entity, Competitor, Or Supplier Affected In Manner Other Than By Setting Of Rates
  In this title, an entity, including a utility competitor or utility supplier, is considered to be affected in a manner other than by the setting ...
• Texas Utilities Code Section 11.006 - Person Determined To Be Affiliate
  (a) The commission may determine that a person is an affiliate for purposes of this title if the commission after notice and hearing finds that ...
• Texas Utilities Code Section 11.007 - Administrative Procedure
  (a) Chapter 2001, Government Code, applies to a proceeding under this title except to the extent inconsistent with this title. (b) A communication of a ...
• Texas Utilities Code Section 11.008 - Liberal Construction
  This title shall be construed liberally to promote the effectiveness and efficiency of regulation of public utilities to the extent that this construction preserves the ...
• Texas Utilities Code Section 11.009 - Construction With Federal Authority
  This title shall be construed to apply so as not to conflict with any authority of the United States. Acts 1997, 75th Leg., ch. 166, ...
• Texas Utilities Code Section 12.001 - Public Utility Commission Of Texas
  The Public Utility Commission of Texas exercises the jurisdiction and powers conferred by this title. Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. ...
• Texas Utilities Code Section 12.002 - Office
  (a) The principal office of the commission is in Austin. (b) The office shall be open daily during usual business hours. The office is not ...
• Texas Utilities Code Section 12.003 - Seal
  (a) The commission has a seal bearing the inscription: "Public Utility Commission of Texas." (b) The seal shall be affixed to each record and to ...
• Texas Utilities Code Section 12.004 - Representation By The Attorney General
  The attorney general shall represent the commission in a matter before a state court, a court of the United States, or a federal public utility ...
• Texas Utilities Code Section 12.005 - Application Of Sunset Act
  The Public Utility Commission of Texas is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter ...
• Texas Utilities Code Section 12.051 - Appointment; Term
  (a) The commission is composed of three commissioners appointed by the governor with the advice and consent of the senate. (b) An appointment to the ...
• Texas Utilities Code Section 12.052 - Presiding Officer
  (a) The governor shall designate a commissioner as the presiding officer. (b) The presiding officer serves in that capacity at the pleasure of the governor. ...
• Texas Utilities Code Section 12.053 - Membership Qualifications
  (a) To be eligible for appointment, a commissioner must be: (1) a qualified voter; (2) a citizen of the United States; and (3) a representative ...
• Texas Utilities Code Section 12.054 - Removal Of Commissioner
  (a) It is a ground for removal from the commission if a commissioner: (1) does not have at the time of appointment or maintain during ...
• Texas Utilities Code Section 12.055 - Prohibition On Seeking Another Office
  A person may not seek nomination or election to another civil office of this state or of the United States while serving as a commissioner. ...
• Texas Utilities Code Section 12.056 - Effect Of Vacancy
  A vacancy or disqualification does not prevent the remaining commissioner or commissioners from exercising the powers of the commission. Acts 1997, 75th Leg., ch. 166, ...
• Texas Utilities Code Section 12.057 - Compensation
  The annual salary of the commissioners is determined by the legislature. Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. ...
• Texas Utilities Code Section 12.058 - Meetings
  The commission shall hold meetings at its office and at other convenient places in this state as expedient and necessary for the proper performance of ...
• Texas Utilities Code Section 12.059 - Training Program For Commissioners
  (a) Before a commissioner may assume the commissioner's duties and before the commissioner may be confirmed by the senate, the commissioner must complete at least ...
• Texas Utilities Code Section 12.101 - Commission Employees
  The commission shall employ: (1) an executive director; and (2) officers and other employees the commission considers necessary to administer this title. Acts 1997, 75th ...
• Texas Utilities Code Section 12.102 - Duties Of Employees
  The commission shall develop and implement policies that clearly separate the policymaking responsibilities of the commission and the management responsibilities of the commission employees. Acts ...
• Texas Utilities Code Section 12.103 - Duties Of Executive Director
  The executive director is responsible for the daily operations of the commission and shall coordinate the activities of commission employees. Acts 1997, 75th Leg., ch. ...
• Texas Utilities Code Section 12.105 - Career Ladder Program; Performance Evaluations; Merit Pay
  (a) The executive director or the executive director's designee shall develop an intra-agency career ladder program that addresses opportunities for mobility and advancement for commission ...
• Texas Utilities Code Section 12.106 - Equal Employment Opportunity Policy Statement
  (a) The executive director or the executive director's designee shall prepare and maintain a written policy statement to ensure implementation of a program of equal ...
• Texas Utilities Code Section 12.151 - Registered Lobbyist
  A person required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession ...
• Texas Utilities Code Section 12.152 - Conflict Of Interest
  (a) A person is not eligible for appointment as a commissioner or executive director of the commission if: (1) the person serves on the board ...
• Texas Utilities Code Section 12.153 - Relationship With Trade Association
  A person may not serve as a commissioner or be a commission employee who is employed in a "bona fide executive, administrative, or professional capacity," ...
• Texas Utilities Code Section 12.154 - Prohibited Activities
  (a) During the period of service with the commission, a commissioner or commission employee may not: (1) have a pecuniary interest, including an interest as ...
• Texas Utilities Code Section 12.155 - Prohibition On Employment Or Representation
  (a) A commissioner, a commission employee, or an employee of the State Office of Administrative Hearings involved in hearing utility cases may not: (1) be ...
• Texas Utilities Code Section 12.156 - Qualifications And Standards Of Conduct Information
  The executive director or the executive director's designee shall provide to commissioners and commission employees as often as necessary information regarding their: (1) qualifications for ...
• Texas Utilities Code Section 12.201 - Public Interest Information
  (a) The commission shall prepare information of public interest describing the functions of the commission and the commission's procedures by which a complaint is filed ...
• Texas Utilities Code Section 12.202 - Public Participation
  (a) The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and to speak on ...
• Texas Utilities Code Section 12.203 - Annual Report
  (a) The commission shall prepare annually a complete and detailed written report accounting for all funds received and disbursed by the commission during the preceding ...
• Texas Utilities Code Section 12.251 - Definition
  In this subchapter, "historically underutilized business" has the meaning assigned by Section 481.101, Government Code. Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. ...
• Texas Utilities Code Section 12.252 - Commission Authority
  The commission, after notice and hearing, may require each utility subject to regulation under this title to make an effort to overcome the underuse of ...
• Texas Utilities Code Section 12.253 - Report Required
  The commission shall require each utility subject to regulation under this title to prepare and submit to the commission a comprehensive annual report detailing its ...
• Texas Utilities Code Section 12.254 - Discrimination Prohibited
  The rules adopted under this subchapter may not be used to discriminate against a citizen on the basis of sex, race, color, creed, or national ...
• Texas Utilities Code Section 12.255 - Cause Of Action Not Created
  This subchapter does not create a public or private cause of action. Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. ...
• Texas Utilities Code Section 13.001 - Office Of Public Utility Counsel
  The independent office of public utility counsel represents the interests of residential and small commercial consumers. Acts 1997, 75th Leg., ch. 166, § 1, eff. ...
• Texas Utilities Code Section 13.002 - Application Of Sunset Act
  The Office of Public Utility Counsel is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, ...
• Texas Utilities Code Section 13.003 - Office Powers And Duties
  (a) The office: (1) shall assess the effect of utility rate changes and other regulatory actions on residential consumers in this state; (2) shall advocate ...
• Texas Utilities Code Section 13.004 - Alternative Dispute Resolution Procedures
  (a) The counsellor shall develop and implement a policy to encourage the use of appropriate alternative dispute resolution procedures under Chapter 2009, Government Code, to ...
• Texas Utilities Code Section 13.005 - Complaints
  (a) The office shall maintain a system to promptly and efficiently act on complaints filed with the office that the office has the authority to ...
• Texas Utilities Code Section 13.006 - Technology Policy
  The counsellor shall implement a policy requiring the office to use appropriate technological solutions to improve the office's ability to perform its functions. The policy ...
• Texas Utilities Code Section 13.007 - Management Audit
  Text of section effective until September 1, 2006 (a) The state auditor, in coordination with the Legislative Budget Board, shall conduct a management audit ...
• Texas Utilities Code Section 13.021 - Appointment; Term
  (a) The chief executive of the office is the counsellor. (b) The counsellor is appointed by the governor with the advice and consent of the ...
• Texas Utilities Code Section 13.022 - Qualifications
  (a) The counsellor must: (1) be licensed to practice law in this state; (2) have demonstrated a strong commitment to and involvement in efforts to ...
• Texas Utilities Code Section 13.023 - Grounds For Removal
  (a) It is a ground for removal from office if the counsellor: (1) does not have at the time of taking office or maintain during ...
• Texas Utilities Code Section 13.024 - Prohibited Acts
  (a) The counsellor may not have a direct or indirect interest in a utility company regulated under this title, its parent, or its subsidiary companies, ...
• Texas Utilities Code Section 13.041 - Personnel
  (a) The counsellor may employ lawyers, economists, engineers, consultants, statisticians, accountants, clerical staff, and other employees as the counsellor considers necessary to carry out this ...
• Texas Utilities Code Section 13.042 - Conflict Of Interest
  (a) In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to ...
• Texas Utilities Code Section 13.043 - Prohibition On Employment Or Representation
  (a) A former counsel may not make any communication to or appearance before the commission or an officer or employee of the commission before the ...
• Texas Utilities Code Section 13.044 - Career Ladder Program; Performance Evaluations; Merit Pay
  (a) The counsellor or the counsellor's designee shall develop an intra-agency career ladder program that addresses opportunities for mobility and advancement for office employees. The ...
• Texas Utilities Code Section 13.045 - Equal Employment Opportunity Policy Statement
  (a) The counsellor or the counsellor's designee shall prepare and maintain a written policy statement to ensure implementation of a program of equal employment opportunity ...
• Texas Utilities Code Section 13.046 - Qualifications And Standards Of Conduct Information
  The office shall provide to office employees as often as necessary information regarding their: (1) qualifications for employment under this title; and (2) responsibilities under ...
• Texas Utilities Code Section 13.061 - Public Interest Information
  The office shall prepare information of public interest describing the functions of the office. The office shall make the information available to the public and ...
• Texas Utilities Code Section 13.062 - Public Participation
  (a) The office shall comply with federal and state laws related to program and facility accessibility. (b) The office shall prepare and maintain a written ...
• Texas Utilities Code Section 13.063 - Annual Reports
  (a) The office shall prepare annually a complete and detailed written report accounting for all funds received and disbursed by the office during the preceding ...
• Texas Utilities Code Section 13.064 - Public Hearing
  (a) The office annually shall conduct a public hearing to assist the office in developing a plan of priorities and to give the public, including ...
• Texas Utilities Code Section 14.001 - Power To Regulate And Supervise
  The commission has the general power to regulate and supervise the business of each public utility within its jurisdiction and to do anything specifically designated ...
• Texas Utilities Code Section 14.002 - Rules
  The commission shall adopt and enforce rules reasonably required in the exercise of its powers and jurisdiction. Acts 1997, 75th Leg., ch. 166, § 1, ...
• Texas Utilities Code Section 14.0025 - Negotiated Rulemaking And Alternative Dispute Resolution
  (a) The commission shall develop and implement a policy to encourage the use of: (1) negotiated rulemaking procedures under Chapter 2008, Government Code, for the ...
• Texas Utilities Code Section 14.003 - Commission Powers Relating To Reports
  The commission may: (1) require a public utility to report to the commission information relating to: (A) the utility; and (B) a transaction between the ...
• Texas Utilities Code Section 14.004 - Report Of Substantial Interest
  The commission may require disclosure of the identity and respective interests of each owner of at least one percent of the voting securities of a ...
• Texas Utilities Code Section 14.005 - Criteria And Guidelines Governing Termination Of Services To Elderly And Disabled
  The commission may establish criteria and guidelines with the utility industry relating to industry procedures used in terminating services to the elderly and disabled. Acts ...
• Texas Utilities Code Section 14.006 - Interference With Terms Or Conditions Of Employment; Presumption Of Reasonableness
  The commission may not interfere with employee wages and benefits, working conditions, or other terms or conditions of employment that are the product of a ...
• Texas Utilities Code Section 14.007 - Assistance To Municipality
  On request by the governing body of a municipality, the commission may provide commission employees as necessary to advise and consult with the municipality on ...
• Texas Utilities Code Section 14.008 - Municipal Franchises
  (a) This title does not restrict the rights and powers of a municipality to grant or refuse a franchise to use the streets and alleys ...
• Texas Utilities Code Section 14.051 - Procedural Powers
  The commission may: (1) call and hold a hearing; (2) administer an oath; (3) receive evidence at a hearing; (4) issue a subpoena to compel ...
• Texas Utilities Code Section 14.052 - Rules
  (a) The commission shall adopt and enforce rules governing practice and procedure before the commission and, as applicable, practice and procedure before the utility division ...
• Texas Utilities Code Section 14.053 - Powers And Duties Of State Office Of Administrative Hearings
  (a) The utility division of the State Office of Administrative Hearings shall conduct each hearing in a contested case that is not conducted by one ...
• Texas Utilities Code Section 14.054 - Settlements
  (a) The commission by rule shall adopt procedures governing the use of settlements to resolve contested cases. (b) Rules adopted under this section must ensure ...
• Texas Utilities Code Section 14.055 - Record Of Proceedings
  The regulatory authority shall keep a record of each proceeding before the authority. Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. ...
• Texas Utilities Code Section 14.056 - Right To Be Heard
  Each party to a proceeding before a regulatory authority is entitled to be heard by attorney or in person. Acts 1997, 75th Leg., ch. 166, ...
• Texas Utilities Code Section 14.057 - Orders Of Commission; Transcripts And Exhibits; Public Records
  (a) A commission order must be in writing and contain detailed findings of the facts on which it is passed. (b) The commission shall retain ...
• Texas Utilities Code Section 14.058 - Fees For Electronic Access To Information
  The fees charged by the commission for electronic access to information that is stored in the system established by the commission using funds from the ...
• Texas Utilities Code Section 14.059 - Technology Policy
  The commission shall implement a policy requiring the commission to use appropriate technological solutions to improve the commission's ability to perform its functions. The policy ...
• Texas Utilities Code Section 14.101 - Report Of Certain Transactions; Commission Consideration
  (a) Unless a public utility reports the transaction to the commission within a reasonable time, the public utility may not: (1) sell, acquire, or lease ...
• Texas Utilities Code Section 14.102 - Report Of Purchase Of Voting Stock In Public Utility
  A public utility may not purchase voting stock in another public utility doing business in this state unless the utility reports the purchase to the ...
• Texas Utilities Code Section 14.103 - Report Of Loan To Stockholders
  A public utility may not loan money, stocks, bonds, notes, or other evidence of indebtedness to a person who directly or indirectly owns or holds ...
• Texas Utilities Code Section 14.151 - Records Of Public Utility
  (a) Each public utility shall keep and provide to the regulatory authority, in the manner and form prescribed by the commission, uniform accounts of all ...
• Texas Utilities Code Section 14.152 - Maintenance Of Office And Records In This State
  (a) Each public utility shall maintain an office in this state in a county in which some part of the utility's property is located. The ...
• Texas Utilities Code Section 14.153 - Communications With Regulatory Authority
  (a) The regulatory authority shall adopt rules governing communications with the regulatory authority or a member or employee of the regulatory authority by: (1) a ...
• Texas Utilities Code Section 14.154 - Jurisdiction Over Affiliate
  (a) The commission has jurisdiction over an affiliate that has a transaction with a public utility under the commission's jurisdiction to the extent of access ...
• Texas Utilities Code Section 14.201 - Inquiry Into Management And Affairs
  A regulatory authority may inquire into the management and affairs of each public utility and shall keep itself informed as to the manner and method ...
• Texas Utilities Code Section 14.202 - Management Audits By Commission
  (a) The commission shall: (1) inquire into the management of the business of each public utility under its jurisdiction; (2) keep itself informed as to ...
• Texas Utilities Code Section 14.203 - Audit Of Accounts
  A regulatory authority may require the examination and audit of the accounts of a public or municipally owned utility. Acts 1997, 75th Leg., ch. 166, ...
• Texas Utilities Code Section 14.204 - Inspection
  (a) A regulatory authority and, to the extent authorized by the regulatory authority, its counsel, agent, or employee, may: (1) inspect and obtain copies of ...
• Texas Utilities Code Section 14.205 - Examinations Under Oath
  In connection with an action taken under Section 14.204, the regulatory authority may: (1) examine under oath an officer, agent, or employee of a public ...
• Texas Utilities Code Section 14.206 - Entering Premises Of Public Utility
  (a) A member, agent, or employee of a regulatory authority may enter the premises occupied by a public utility to conduct an inspection, examination, or ...
• Texas Utilities Code Section 14.207 - Production Of Out-Of-State Records
  (a) A regulatory authority may require, by order or subpoena served on a public utility, the production, at the time and place in this state ...
• Texas Utilities Code Section 15.001 - Right To Judicial Review
  Any party to a proceeding before the commission is entitled to judicial review under the substantial evidence rule. Acts 1997, 75th Leg., ch. 166, § ...
• Texas Utilities Code Section 15.002 - Commission As Defendant
  The commission must be a defendant in a proceeding for judicial review. Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. ...
• Texas Utilities Code Section 15.003 - Costs And Attorney's Fees
  (a) A party represented by counsel who alleges that existing rates are excessive or that rates prescribed by the commission are excessive and who prevails ...
• Texas Utilities Code Section 15.004 - Judicial Stay Or Suspension
  While an appeal of an order, ruling, or decision of a regulatory authority is pending, the district court, court of appeals, or supreme court, as ...
• Texas Utilities Code Section 15.021 - Action To Enjoin Or Require Compliance
  (a) The attorney general, on the request of the commission, shall apply in the name of the commission for a court order under Subsection (b) ...
• Texas Utilities Code Section 15.022 - Contempt
  The commission may file a court action for contempt against a person who: (1) fails to comply with a lawful order of the commission; (2) ...
• Texas Utilities Code Section 15.023 - Administrative Penalty
  (a) The commission may impose an administrative penalty against a person regulated under this title who violates this title or a rule or order adopted ...
• Texas Utilities Code Section 15.024 - Administrative Penalty Assessment Procedure
  (a) If the executive director determines that a violation has occurred, the executive director may issue to the commission a report that states the facts ...
• Texas Utilities Code Section 15.025 - Payment Of Administrative Penalty
  (a) Not later than the 30th day after the date the commission's order imposing an administrative penalty is final as provided by Section 2001.144, Government ...
• Texas Utilities Code Section 15.026 - Judicial Review Of Administrative Penalty
  (a) Judicial review of a commission order imposing an administrative penalty is: (1) instituted by filing a petition as provided by Subchapter G, Chapter 2001, ...
• Texas Utilities Code Section 15.027 - Administrative Penalty Collection; General Provisions
  (a) An administrative penalty collected under this subchapter shall be sent to the comptroller. (b) A proceeding relating to an administrative penalty under this subchapter ...
• Texas Utilities Code Section 15.028 - Civil Penalty Against Public Utility, Pay Telephone Service Provider, Or Affiliate
  (a) A public utility, customer-owned pay telephone service provider under Section 55.178, or affiliate is subject to a civil penalty if the utility, provider, or ...
• Texas Utilities Code Section 15.029 - Civil Penalty For Violating Section 12.055 Or 12.154
  (a) A member of the commission or an officer or director of a public utility or affiliate who knowingly violates Section 12.055 or 12.154 is ...
• Texas Utilities Code Section 15.030 - Offense
  (a) A person commits an offense if the person wilfully and knowingly violates this title. (b) This section does not apply to an offense described ...
• Texas Utilities Code Section 15.031 - Place For Suit
  A suit for an injunction or a penalty under this title may be brought in: (1) Travis County; (2) a county in which the violation ...
• Texas Utilities Code Section 15.032 - Penalties Cumulative
  (a) A penalty that accrues under this title is cumulative of any other penalty. (b) A suit for the recovery of a penalty does not ...
• Texas Utilities Code Section 15.033 - Disposition Of Fines And Penalties
  A fine or penalty collected under this title, other than a fine or penalty collected in a criminal proceeding or a penalty collected under Section ...
• Texas Utilities Code Section 15.051 - Complaint By Affected Person
  (a) An affected person may complain to the regulatory authority in writing setting forth an act or omission by a public utility in violation or ...
• Texas Utilities Code Section 15.052 - Complaint Regarding Recreational Vehicle Park Owner
  (a) An affected person may complain to the regulatory authority in writing setting forth an act or omission by a recreational vehicle park owner who ...
• Texas Utilities Code Section 16.001 - Assessment On Public Utilities
  (a) To defray the expenses incurred in the administration of this title, an assessment is imposed on each public utility, retail electric provider, and electric ...
• Texas Utilities Code Section 16.002 - Payment Dates
  (a) The assessment is due August 15. (b) A public utility may instead make quarterly payments due August 15, November 15, February 15, and May ...
• Texas Utilities Code Section 16.003 - Late Payment Penalty
  (a) An additional fee equal to 10 percent of the amount due shall be assessed for any late payment of an assessment required under this ...
• Texas Utilities Code Section 16.004 - Collection By Comptroller
  The comptroller shall collect the assessment and any penalty or interest due under this subchapter. Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. ...
• Texas Utilities Code Section 16.021 - Grants Of Federal Funds
  (a) The commission may apply to an appropriate agency or officer of the United States to receive and spend federal funds available by grant or ...
• Texas Utilities Code Section 16.041 - Application Of State Funds Reform Act
  Money paid to the commission or to the office under this title is subject to Subchapter F, Chapter 404, Government Code. Acts 1997, 75th Leg., ...
• Texas Utilities Code Section 16.042 - Accounting Records
  The commission shall keep the accounting records required by the comptroller. Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. ...
• Texas Utilities Code Section 16.043 - Audit
  The financial transactions of the commission are subject to audit by the state auditor under Chapter 321, Government Code. Acts 1997, 75th Leg., ch. 166, ...
• Texas Utilities Code Section 16.044 - Approval Of Budget
  The commission budget is subject to legislative approval as part of the General Appropriations Act. Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. ...
• Texas Utilities Code Section 17.001 - Customer Protection Policy
  (a) The legislature finds that new developments in telecommunications services and the production and delivery of electricity, as well as changes in market structure, marketing ...
• Texas Utilities Code Section 17.002 - Definitions
  In this chapter: (1) "Billing agent" means any entity that submits charges to the billing utility on behalf of itself or any provider of a ...
• Texas Utilities Code Section 17.003 - Customer Awareness
  (a) The commission shall promote public awareness of changes in the electric and telecommunications markets, provide customers with information necessary to make informed choices about ...
• Texas Utilities Code Section 17.004 - Customer Protection Standards
  (a) All buyers of telecommunications and retail electric services are entitled to: (1) protection from fraudulent, unfair, misleading, deceptive, or anticompetitive practices, including protection from ...
• Texas Utilities Code Section 17.005 - Protections For Customers Of Municipally Owned Utilities
  A municipally owned utility may not be deemed to be a "service provider" or "billing agent" for purposes of Sections 17.156(b) and (e). The governing ...
• Texas Utilities Code Section 17.006 - Protections For Customers Of Electric Cooperatives
  An electric cooperative shall not be deemed to be a "service provider" or "billing agent" for purposes of Sections 17.156(b) and (e). The electric cooperative ...
• Texas Utilities Code Section 17.007 - Eligibility Process For Customer Service Discounts
  The commission by rule shall provide for an integrated eligibility process for customer service discounts, including discounts under Sections 39.903 and 55.015. Added by Acts ...
• Texas Utilities Code Section 17.008 - Protection Of Residential Electric Service Applicants And Customers
  (a) In this section and in Section 17.009: (1) "Credit history": (A) means information regarding an individual's past history of: (i) financial responsibility; (ii) payment ...
• Texas Utilities Code Section 17.009 - Protection Of Residential Telephone Service Applicants And Customers
  (a) A provider of basic local telecommunications services and nonbasic network services may not deny an applicant's request to become a residential customer on the ...
• Texas Utilities Code Section 17.051 - Adoption Of Rules
  (a) The commission shall adopt rules relating to certification, registration, and reporting requirements for a certificated telecommunications utility, a retail electric provider, or an electric ...
• Texas Utilities Code Section 17.052 - Scope Of Rules
  The commission may adopt and enforce rules to: (1) require certification or registration with the commission as a condition of doing business in this state, ...
• Texas Utilities Code Section 17.053 - Reports
  The commission may require a telecommunications service provider, a retail electric provider, or an electric utility to submit reports to the commission concerning any matter ...
• Texas Utilities Code Section 17.101 - Policy
  It is the policy of this state that all customers be protected from the unauthorized switching of a telecommunications service provider, a retail electric provider, ...
• Texas Utilities Code Section 17.102 - Rules Relating To Choice
  The commission shall adopt and enforce rules that: (1) ensure that customers are protected from deceptive practices employed in obtaining authorizations of service and in ...
• Texas Utilities Code Section 17.151 - Requirements For Submitting Charges
  (a) A service provider, retail electric provider, or billing agent may submit charges for a new product or service to be billed on a customer's ...
• Texas Utilities Code Section 17.152 - Responsibilities Of Billing Utility
  (a) If a customer's telephone or retail electric bill is charged for any product or service without proper customer consent or verification, the billing utility, ...
• Texas Utilities Code Section 17.153 - Records Of Disputed Charges
  (a) Every service provider shall maintain a record of every disputed charge for a product or service placed on a customer's bill. (b) The record ...
• Texas Utilities Code Section 17.154 - Notice
  (a) A billing utility shall provide notice of a customer's rights under this section in the manner prescribed by the commission. (b) Notice of a ...
• Texas Utilities Code Section 17.155 - Providing Copy Of Records
  A billing utility shall provide a copy of records maintained under Sections 17.151(c), 17.152, and 17.154 to the commission staff on request. A service provider ...
• Texas Utilities Code Section 17.156 - Violations
  (a) If the commission finds that a billing utility violated this subchapter, the commission may implement penalties and other enforcement actions under Chapter 15. (b) ...
• Texas Utilities Code Section 17.157 - Disputes
  (a) The commission may resolve disputes between a retail customer and a billing utility, service provider, telecommunications utility, retail electric provider, or electric utility. (b) ...
• Texas Utilities Code Section 17.158 - Consistency With Federal Law
  Rules adopted by the commission under this subchapter shall be consistent with and not more burdensome than applicable federal laws and rules. Added by Acts ...
• Texas Utilities Code Section 31.001 - Legislative Findings; Purpose Of Subtitle
  (a) This subtitle is enacted to protect the public interest inherent in the rates and services of electric utilities. The purpose of this subtitle is ...
• Texas Utilities Code Section 31.002 - Definitions
  In this subtitle: (1) "Affiliated power generation company" means a power generation company that is affiliated with or the successor in interest of an electric ...
• Texas Utilities Code Section 31.003 - Report On Scope Of Competition
  (a) Before January 15 of each odd-numbered year, the commission shall report to the legislature on the scope of competition in electric markets and the ...
• Texas Utilities Code Section 31.004 - Energy-Efficient School Facilities
  (a) The commission may serve as a resource center to assist school districts in developing energy-efficient facilities. (b) As a resource center under this section, ...
• Texas Utilities Code Section 31.005 - Customer-Option Programs
  (a) This section applies to: (1) a municipally owned electric utility; (2) an electric cooperative; (3) an electric utility; (4) a power marketer; (5) a ...
• Texas Utilities Code Section 32.001 - Commission Jurisdiction
  (a) Except as provided by Section 32.002, the commission has exclusive original jurisdiction over the rates, operations, and services of an electric utility in: (1) ...
• Texas Utilities Code Section 32.0015 - Regulation Of Successor Electric Utility Or Electric Cooperative
  If an electric utility purchases, acquires, merges, or consolidates with or acquires 50 percent or more of the stock of an electric utility or electric ...
• Texas Utilities Code Section 32.002 - Limitation On Commission Jurisdiction
  Except as otherwise provided by this title, this subtitle does not authorize the commission to: (1) regulate or supervise a rate or service of a ...
• Texas Utilities Code Section 32.003 - Exempt Area Jurisdiction
  Notwithstanding an election under Subchapter A, Chapter 33, by a municipality on the issue of surrendering its jurisdiction, the commission may: (1) consider an electric ...
• Texas Utilities Code Section 32.004 - Assistance To Municipality
  On request of a municipality, the commission may advise and assist the municipality with respect to a question or proceeding arising under this title. Assistance ...
• Texas Utilities Code Section 32.051 - Exemption Of River Authority From Wholesale Rate Regulation
  Notwithstanding any other provision of this title, the commission may not directly or indirectly regulate revenue requirements, rates, fuel costs, fuel charges, or fuel acquisitions ...
• Texas Utilities Code Section 32.052 - Ability Of Certain River Authorities To Construct Improvements
  A river authority operating a steam generating plant on or before January 1, 1999, may acquire, finance, construct, rebuild, repower, and use new or existing ...
• Texas Utilities Code Section 32.053 - Ability Of Certain River Authority Affiliates To Construct Improvements
  (a) This section applies only to a corporation that: (1) sells electricity exclusively at wholesale, and not to ultimate consumers; (2) is authorized by Chapter ...
• Texas Utilities Code Section 32.054 - Restrictions On Authority Of Corporations Or River Authority
  (a) This subchapter does not authorize a river authority to acquire, install, construct, make additions to, or operate steam generating plants having an aggregate capacity ...
• Texas Utilities Code Section 32.101 - Tariff Filings
  (a) An electric utility shall file with each regulatory authority a tariff showing each rate that is: (1) subject to the regulatory authority's original or ...
• Texas Utilities Code Section 32.102 - Depreciation Account
  The commission shall require each electric or municipally owned utility to carry a proper and adequate depreciation account in accordance with: (1) the rates and ...
• Texas Utilities Code Section 32.103 - Accounts Of Profits And Losses
  An electric or municipally owned utility shall keep separate accounts showing profits or losses from the sale or lease of merchandise, including an appliance, a ...
• Texas Utilities Code Section 32.104 - Report Of Certain Expenses
  A regulatory authority may require an electric utility to annually report the utility's expenditures for: (1) business gifts and entertainment; and (2) advertising or public ...
• Texas Utilities Code Section 33.001 - Municipal Jurisdiction
  (a) To provide fair, just, and reasonable rates and adequate and efficient services, the governing body of a municipality has exclusive original jurisdiction over the ...
• Texas Utilities Code Section 33.002 - Surrender Of Municipal Jurisdiction To Commission
  (a) A municipality shall regulate all local utility service in the municipality until the commission assumes jurisdiction over a local utility under this subtitle. (b) ...
• Texas Utilities Code Section 33.003 - Reinstatement Of Municipal Jurisdiction
  (a) A municipality that surrenders its jurisdiction to the commission may at any time reinstate its jurisdiction by a vote of the electorate. (b) A ...
• Texas Utilities Code Section 33.004 - Area Exempt From Commission Regulation
  (a) If a municipality does not surrender its jurisdiction, local utility service in the municipality is exempt from regulation by the commission under this subtitle ...
• Texas Utilities Code Section 33.005 - Exempt Area Reporting
  (a) An electric utility serving an area exempt from commission regulation is subject to the reporting requirements of this title. (b) A report must be ...
• Texas Utilities Code Section 33.006 - Commission Powers In Nonexempt Areas
  This subchapter does not limit the duty and power of the commission to regulate the service and rates of a municipally regulated electric utility for ...
• Texas Utilities Code Section 33.007 - Allowable Charges
  A municipality that performs a regulatory function under this title may make each charge that is authorized by: (1) this title; or (2) the applicable ...
• Texas Utilities Code Section 33.008 - Franchise Charges
  (a) Following the end of the freeze period for a municipality that has been served by an electric utility, and following the date a municipally ...
• Texas Utilities Code Section 33.021 - Rate Determination
  (a) A municipality regulating an electric utility under this subtitle shall require the utility to submit information as necessary to make a reasonable determination of ...
• Texas Utilities Code Section 33.022 - Consideration Of Revenues And Return From Nonexempt Area
  In establishing rates and charges in an area exempt from commission regulation, the governing body may consider an electric utility's revenues and return on investment ...
• Texas Utilities Code Section 33.023 - Ratemaking Proceedings
  (a) The governing body of a municipality participating in or conducting a ratemaking proceeding may engage rate consultants, accountants, auditors, attorneys, and engineers to: (1) ...
• Texas Utilities Code Section 33.024 - Statement Of Intent
  (a) Not later than the 31st day before the date an electric utility files a statement of intent under Section 36.102, the electric utility shall ...
• Texas Utilities Code Section 33.025 - Municipal Standing
  (a) A municipality has standing in each case before the commission that relates to an electric utility providing service in the municipality. (b) A municipality's ...
• Texas Utilities Code Section 33.026 - Judicial Review
  A municipality is entitled to judicial review of a commission order relating to an electric utility providing services in the municipality as provided by Section ...
• Texas Utilities Code Section 33.051 - Appeal By Party
  A party to a rate proceeding before a municipality's governing body may appeal the governing body's decision to the commission. Acts 1997, 75th Leg., ch. ...
• Texas Utilities Code Section 33.052 - Appeal By Residents
  The residents of a municipality may appeal to the commission the decision of the municipality's governing body in a rate proceeding by filing with the ...
• Texas Utilities Code Section 33.053 - Filing Of Appeal
  (a) An appeal under this subchapter is initiated by filing a petition for review with the commission and serving a copy of the petition on ...
• Texas Utilities Code Section 33.054 - Hearing And Order
  (a) An appeal under this subchapter, Subchapter D, or Subchapter E is de novo and based on the test year presented to the municipality. (b) ...
• Texas Utilities Code Section 33.055 - Applicability Of Rates
  (a) Temporary or permanent rates set by the commission are prospective and observed from the date of the applicable commission order, except an interim rate ...
• Texas Utilities Code Section 33.101 - Appeal By Ratepayers Outside Municipality
  (a) The ratepayers of a municipally owned utility who are outside the municipality may appeal to the commission an action of the governing body of ...
• Texas Utilities Code Section 33.102 - Identification Of Ratepayers Outside Municipality
  (a) A municipality that owns a utility shall: (1) disclose to any person, on request, the number of ratepayers who reside outside the municipality; and ...
• Texas Utilities Code Section 33.103 - Filing Of Appeal
  (a) Not later than the 14th day after the date a governing body of a municipality makes a final decision, the municipality shall issue a ...
• Texas Utilities Code Section 33.104 - Rate Application
  Not later than the 90th day after the date a petition for review is filed that complies with Section 33.103, the municipality shall file with ...
• Texas Utilities Code Section 33.121 - Application Of Commission Review
  A municipally owned utility is subject to this subchapter if the utility is a utility: (1) whose rates are appealed under Subchapter D; (2) for ...
• Texas Utilities Code Section 33.122 - Review Of Certain Rate Decisions
  (a) Except as provided by Subsections (b)-(f), for a period of 10 years beginning on the later of August 28, 1989, or the effective date ...
• Texas Utilities Code Section 33.123 - Review Of Certain Decisions For Rates Charged Outside Municipality
  (a) For a period of 10 years beginning on the later of August 28, 1989, or the effective date of the rate ordinance that is ...
• Texas Utilities Code Section 35.001 - Definition
  In this subchapter, "electric utility" includes a municipally owned utility and an electric cooperative. Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, ...
• Texas Utilities Code Section 35.002 - Right To Compete At Wholesale
  A provider of generation, including an electric utility affiliate, exempt wholesale generator, and qualifying facility, may compete for the business of selling power. Acts 1997, ...
• Texas Utilities Code Section 35.003 - Purchase From Affiliate; Undue Preference Prohibited
  (a) An electric utility may purchase power from an affiliate in accordance with this title. (b) An electric utility may not grant an undue preference ...
• Texas Utilities Code Section 35.004 - Provision Of Transmission Service
  (a) An electric utility or transmission and distribution utility that owns or operates transmission facilities shall provide wholesale transmission service at rates and terms, including ...
• Texas Utilities Code Section 35.005 - Authority To Order Transmission Service
  (a) The commission may require an electric utility to provide transmission service at wholesale to another electric utility, a qualifying facility, an exempt wholesale generator, ...
• Texas Utilities Code Section 35.006 - Rules Related To Wholesale Transmission Service, Rates, And Access
  (a) The commission shall adopt rules relating to wholesale transmission service, rates, and access. The rules: (1) must be consistent with the standards in this ...
• Texas Utilities Code Section 35.007 - Tariffs Required
  (a) Except as provided by Subsection (b), an electric utility that owns or operates a transmission facility shall file a tariff in compliance with commission ...
• Texas Utilities Code Section 35.008 - Alternative Dispute Resolution
  The commission may require that each party to a dispute concerning prices or terms of wholesale transmission service engage in a nonbinding alternative dispute resolution ...
• Texas Utilities Code Section 35.031 - Authority To Operate
  An exempt wholesale generator or power marketer may sell electric energy only at wholesale. Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, ...
• Texas Utilities Code Section 35.032 - Commission Registration And Required Reports
  (a) An exempt wholesale generator or power marketer that sells electric energy in this state shall, not later than the 30th day after the date ...
• Texas Utilities Code Section 35.033 - Affiliate Wholesale Provider
  An affiliate of an electric utility may be an exempt wholesale generator or power marketer and may sell electric energy to its affiliated electric utility ...
• Texas Utilities Code Section 35.034 - Transfer Of Assets
  (a) Unless an electric utility receives commission approval under Subsection (b), the utility may not sell or transfer a facility to an affiliate or otherwise ...
• Texas Utilities Code Section 35.035 - Valuation And Accounting Of Transferred Assets
  (a) A transfer of assets from an electric utility to an affiliated exempt wholesale generator or power marketer shall be valued at the greater of ...
• Texas Utilities Code Section 35.061 - Encouragement Of Economical Production
  The commission shall adopt and enforce rules to encourage the economical production of electric energy by qualifying facilities. Acts 1997, 75th Leg., ch. 166, § ...
• Texas Utilities Code Section 35.062 - Application For Certification
  (a) An electric utility or a qualifying facility may submit to the commission for certification a copy of an agreement between the utility and facility ...
• Texas Utilities Code Section 35.063 - Hearing
  (a) The commission, on its own motion or on the request of a party to the agreement or another affected person, may conduct a hearing ...
• Texas Utilities Code Section 35.064 - Certification Standards
  The commission shall certify an agreement submitted under Section 35.062 if the agreement: (1) provides for payments over the contract term that are equal to ...
• Texas Utilities Code Section 35.065 - Deadlines For Commission Action
  (a) Except as provided by Subsection (b), the commission shall make its determination regarding whether a certification should be granted under Section 35.064 not later ...
• Texas Utilities Code Section 35.066 - Term Of Certification
  A certification of an agreement granted under this subchapter is effective until the earlier of: (1) the expiration date of the agreement; or (2) the ...
• Texas Utilities Code Section 35.101 - Definitions
  In this subchapter: (1) "Commissioner" means the Commissioner of the General Land Office. (2) "Public retail customer" means a retail customer that is an agency ...
• Texas Utilities Code Section 35.102 - State Authority To Sell Or Convey Power Or Natural Gas
  (a) The commissioner, acting on behalf of the state, may sell or otherwise convey power or natural gas generated from royalties taken in kind as ...
• Texas Utilities Code Section 35.103 - Access To Transmission And Distribution Systems; Rates
  (a) Except as provided in Section 35.104, the state is entitled to have access to all transmission and distribution systems of all electric utilities, transmission ...
• Texas Utilities Code Section 35.104 - Limit In Certain Areas
  Sections 35.102 and 35.103 do not apply to the rates, retail service area, facilities, or public retail customers of a municipally owned electric utility that ...
• Texas Utilities Code Section 35.105 - Wholesale Customers
  This subchapter does not prevent the commissioner, acting on behalf of this state, from registering as a power marketer. Added by Acts 1999, 76th Leg., ...
• Texas Utilities Code Section 35.106 - Access To Power Generation
  If pipeline capacity is available on an existing facility of a gas utility or municipally owned utility, a gas utility or a municipally owned utility ...
• Texas Utilities Code Section 36.001 - Authorization To Establish And Regulate Rates
  (a) The regulatory authority may establish and regulate rates of an electric utility and may adopt rules for determining: (1) the classification of customers and ...
• Texas Utilities Code Section 36.002 - Compliance With Title
  An electric utility may not charge or receive a rate for utility service except as provided by this title. Acts 1997, 75th Leg., ch. 166, ...
• Texas Utilities Code Section 36.003 - Just And Reasonable Rates
  (a) The regulatory authority shall ensure that each rate an electric utility or two or more electric utilities jointly make, demand, or receive is just ...
• Texas Utilities Code Section 36.004 - Equality Of Rates And Services
  (a) An electric utility may not directly or indirectly charge, demand, or receive from a person a greater or lesser compensation for a service provided ...
• Texas Utilities Code Section 36.005 - Rates For Area Not In Municipality
  Without the approval of the commission, an electric utility's rates for an area not in a municipality may not exceed 115 percent of the average ...
• Texas Utilities Code Section 36.006 - Burden Of Proof
  In a proceeding involving a proposed rate change, the electric utility has the burden of proving that: (1) the rate change is just and reasonable, ...
• Texas Utilities Code Section 36.007 - Discounted Wholesale Or Retail Rates
  (a) On application by an electric utility, a regulatory authority may approve wholesale or retail tariffs or contracts containing charges that are less than rates ...
• Texas Utilities Code Section 36.008 - State Transmission System
  In establishing rates for an electric utility, the commission may review the state's transmission system and make recommendations to the utility on the need to ...
• Texas Utilities Code Section 36.051 - Establishing Overall Revenues
  In establishing an electric utility's rates, the regulatory authority shall establish the utility's overall revenues at an amount that will permit the utility a reasonable ...
• Texas Utilities Code Section 36.052 - Establishing Reasonable Return
  In establishing a reasonable return on invested capital, the regulatory authority shall consider applicable factors, including: (1) the efforts and achievements of the utility in ...
• Texas Utilities Code Section 36.053 - Components Of Invested Capital
  (a) Electric utility rates shall be based on the original cost, less depreciation, of property used by and useful to the utility in providing service. ...
• Texas Utilities Code Section 36.054 - Construction Work In Progress
  (a) Construction work in progress, at cost as recorded on the electric utility's books, may be included in the utility's rate base. The inclusion of ...
• Texas Utilities Code Section 36.055 - Separations And Allocations
  Costs of facilities, revenues, expenses, taxes, and reserves shall be separated or allocated as prescribed by the regulatory authority. Acts 1997, 75th Leg., ch. 166, ...
• Texas Utilities Code Section 36.056 - Depreciation, Amortization, And Depletion
  (a) The commission shall establish proper and adequate rates and methods of depreciation, amortization, or depletion for each class of property of an electric or ...
• Texas Utilities Code Section 36.057 - Net Income; Determination Of Revenues And Expenses
  (a) An electric utility's net income is the total revenues of the utility less all reasonable and necessary expenses as determined by the regulatory authority. ...
• Texas Utilities Code Section 36.058 - Consideration Of Payment To Affiliate
  (a) Except as provided by Subsection (b), the regulatory authority may not allow as capital cost or as expense a payment to an affiliate for: ...
• Texas Utilities Code Section 36.059 - Treatment Of Certain Tax Benefits
  (a) In determining the allocation of tax savings derived from liberalized depreciation and amortization, the investment tax credit, and the application of similar methods, the ...
• Texas Utilities Code Section 36.060 - Consolidated Income Tax Returns
  (a) Unless it is shown to the satisfaction of the regulatory authority that it was reasonable to choose not to consolidate returns, an electric utility's ...
• Texas Utilities Code Section 36.061 - Allowance Of Certain Expenses
  (a) The regulatory authority may not allow as a cost or expense for ratemaking purposes: (1) an expenditure for legislative advocacy; or (2) an expenditure ...
• Texas Utilities Code Section 36.062 - Consideration Of Certain Expenses
  The regulatory authority may not consider for ratemaking purposes: (1) an expenditure for legislative advocacy, made directly or indirectly, including legislative advocacy expenses included in ...
• Texas Utilities Code Section 36.063 - Consideration Of Profit Or Loss From Sale Or Lease Of Merchandise
  In establishing an electric or municipally owned utility's rates, the regulatory authority may not consider any profit or loss that results from the sale or ...
• Texas Utilities Code Section 36.064 - Self-Insurance
  (a) An electric utility may self-insure all or part of the utility's potential liability or catastrophic property loss, including windstorm, fire, and explosion losses, that ...
• Texas Utilities Code Section 36.065 - Pension And Other Postemployment Benefits
  (a) The regulatory authority shall include in the rates of an electric utility expenses for pension and other postemployment benefits, as determined by actuarial or ...
• Texas Utilities Code Section 36.101 - Definition
  In this subchapter, "major change" means an increase in rates that would increase the aggregate revenues of the applicant more than the greater of $100,000 ...
• Texas Utilities Code Section 36.102 - Statement Of Intent To Change Rates
  (a) Except as provided by Section 33.024, an electric utility may not change its rates unless the utility files a statement of its intent with ...
• Texas Utilities Code Section 36.103 - Notice Of Intent To Change Rates
  (a) The electric utility shall: (1) publish, in conspicuous form and place, notice to the public of the proposed change once each week for four ...
• Texas Utilities Code Section 36.104 - Early Effective Date Of Rate Change
  (a) For good cause shown, the regulatory authority may allow a rate change, other than a major change, to take effect: (1) before the end ...
• Texas Utilities Code Section 36.105 - Determination Of Propriety Of Rate Change; Hearing
  (a) If a tariff changing rates is filed with a regulatory authority, the regulatory authority shall, on complaint by an affected person, or may, on ...
• Texas Utilities Code Section 36.106 - Regional Hearing
  The commission shall hold a regional hearing at an appropriate location in a case in which the commission determines it is in the public interest ...
• Texas Utilities Code Section 36.107 - Preference To Hearing
  The regulatory authority shall: (1) give preference to a hearing under this subchapter and to deciding questions arising under this subchapter and Subchapter E over ...
• Texas Utilities Code Section 36.108 - Rate Suspension; Deadline
  (a) Pending the hearing and a decision: (1) the local regulatory authority, after delivering to the electric utility a written statement of the regulatory authority's ...
• Texas Utilities Code Section 36.109 - Temporary Rates
  (a) The regulatory authority may establish temporary rates to be in effect during the applicable suspension period under Section 36.108. (b) If the regulatory authority ...
• Texas Utilities Code Section 36.110 - Bonded Rates
  (a) An electric utility may put a changed rate into effect throughout the area in which the utility sought to change its rates, including an ...
• Texas Utilities Code Section 36.111 - Establishment Of Final Rates
  (a) If, after hearing, the regulatory authority finds the rates are unreasonable or in violation of law, the regulatory authority shall: (1) enter an order ...
• Texas Utilities Code Section 36.151 - Unreasonable Or Violative Existing Rates
  (a) If the regulatory authority, on its own motion or on complaint by an affected person, after reasonable notice and hearing, finds that the existing ...
• Texas Utilities Code Section 36.152 - Investigating Costs Of Obtaining Service From Another Source
  If an electric utility does not produce or generate the service that it distributes, transmits, or furnishes to the public for compensation but obtains the ...
• Texas Utilities Code Section 36.153 - Rate-Filing Package
  (a) An electric utility shall file a rate-filing package with the regulatory authority not later than the 120th day after the date the authority notifies ...
• Texas Utilities Code Section 36.154 - Deadline
  (a) The regulatory authority shall make a final determination not later than the 185th day after the date the electric utility files the rate-filing package ...
• Texas Utilities Code Section 36.155 - Interim Order Establishing Temporary Rates
  (a) At any time after an initial complaint is filed under Section 36.151, the regulatory authority may issue an interim order establishing temporary rates for ...
• Texas Utilities Code Section 36.156 - Automatic Temporary Rates
  (a) The rates charged by the electric utility on the 185th day after the date the utility files the rate-filing package required by Section 36.153 ...
• Texas Utilities Code Section 36.201 - Automatic Adjustment For Changes In Costs
  Except as permitted by Section 36.204, the commission may not establish a rate or tariff that authorizes an electric utility to automatically adjust and pass ...
• Texas Utilities Code Section 36.202 - Adjustment For Change In Tax Liability
  (a) The commission, on its own motion or on the petition of an electric utility, shall provide for the adjustment of the utility's billing to ...
• Texas Utilities Code Section 36.203 - Fuel Cost Recovery; Adjustment Of Fuel Factor
  (a) Section 36.201 does not prohibit the commission from reviewing and providing for adjustments of a utility's fuel factor. (b) The commission by rule shall ...
• Texas Utilities Code Section 36.204 - Cost Recovery And Incentives
  In establishing rates for an electric utility, the commission may: (1) allow timely recovery of the reasonable costs of conservation, load management, and purchased power, ...
• Texas Utilities Code Section 36.205 - Purchased Power Cost Recovery
  (a) This section applies only to an increase or decrease in the cost of purchased electricity that has been: (1) accepted by a federal regulatory ...
• Texas Utilities Code Section 36.206 - Mark-Ups
  (a) A cost recovery factor established for the recovery of purchased power costs may include: (1) the cost the electric utility incurs in purchasing capacity ...
• Texas Utilities Code Section 36.207 - Use Of Mark-Ups
  Any mark-ups approved under Section 36.206 are an exceptional form of rate relief that the electric utility may recover from ratepayers only on a finding ...
• Texas Utilities Code Section 36.208 - Payment To Qualifying Facility
  In establishing an electric utility's rates, the regulatory authority shall: (1) consider a payment made to a qualifying facility under an agreement certified under Subchapter ...
• Texas Utilities Code Section 36.209 - Recovery By Certain Non-Ercot Utilities Of Certain Transmission Costs
  (a) This section applies only to an electric utility that operates solely outside of ERCOT in areas of this state included in the Southwest Power ...
• Texas Utilities Code Section 36.351 - Discounted Rates For Certain Institutions Of Higher Education
  (a) Notwithstanding any other provision of this title, each electric utility and municipally owned utility shall discount charges for electric service provided to a facility ...
• Texas Utilities Code Section 36.352 - Special Rate Class
  Notwithstanding any other provision of this title, if the commission, on or before September 1, 1995, approved the establishment of a separate rate class for ...
• Texas Utilities Code Section 36.353 - Payment In Lieu Of Tax
  (a) A payment made in lieu of a tax by a municipally owned utility to the municipality by which the utility is owned may not ...
• Texas Utilities Code Section 36.354 - Discounted Rates For Military Bases
  (a) Notwithstanding any other provision of this title, each municipally owned utility, electric cooperative, or electric utility in an area where customer choice is not ...
• Texas Utilities Code Section 37.001 - Definitions
  In this chapter: (1) "Certificate" means a certificate of convenience and necessity. (2) "Electric utility" includes an electric cooperative. (3) "Retail electric utility" means a ...
• Texas Utilities Code Section 37.051 - Certificate Required
  (a) An electric utility may not directly or indirectly provide service to the public under a franchise or permit unless the utility first obtains from ...
• Texas Utilities Code Section 37.052 - Exceptions To Certificate Requirement For Service Extension
  (a) An electric utility is not required to obtain a certificate for an: (1) extension into territory that is: (A) contiguous to the territory the ...
• Texas Utilities Code Section 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 ...
• Texas Utilities Code Section 37.054 - Notice And Hearing On Application
  (a) When an application for a certificate is filed, the commission shall: (1) give notice of the application to interested parties; and (2) if requested: ...
• Texas Utilities Code Section 37.055 - Request For Preliminary Order
  (a) An electric utility that wants to exercise a right or privilege under a franchise or permit that the utility anticipates obtaining but has not ...
• Texas Utilities Code Section 37.056 - Grant Or Denial Of Certificate
  (a) The commission may approve an application and grant a certificate only if the commission finds that the certificate is necessary for the service, accommodation, ...
• Texas Utilities Code Section 37.057 - Deadline For Application For New Transmission Facility
  The commission must approve or deny an application for a certificate for a new transmission facility not later than the first anniversary of the date ...
• Texas Utilities Code Section 37.059 - Revocation Or Amendment Of Certificate
  (a) The commission may revoke or amend a certificate after notice and hearing if the commission finds that the certificate holder has never provided or ...
• Texas Utilities Code Section 37.060 - Division Of Multiply Certificated Service Areas
  (a) This subsection and Subsections (b)-(g) apply only to areas in which each retail electric utility that is authorized to provide retail electric utility service ...
• Texas Utilities Code Section 37.061 - Existing Service Area Agreements
  (a) Notwithstanding any other provision of this title, the commission shall allow a municipally owned utility to amend the service area boundaries of its certificate ...
• Texas Utilities Code Section 37.101 - Service In Annexed Or Incorporated Area
  (a) If an area is or will be included within a municipality as the result of annexation, incorporation, or another reason, each electric utility and ...
• Texas Utilities Code Section 37.102 - Grant Of Certificate For Certain Municipalities
  (a) If a municipal corporation offers retail electric utility service in a municipality having a population of more than 135,000 that is located in a ...
• Texas Utilities Code Section 37.151 - Provision Of Service
  Except as provided by this section, Section 37.152, and Section 37.153, a certificate holder shall: (1) serve every consumer in the utility's certificated area; and ...
• Texas Utilities Code Section 37.152 - Grounds For Reduction Of Service
  (a) Unless the commission issues a certificate that the present and future convenience and necessity will not be adversely affected, a certificate holder may not ...
• Texas Utilities Code Section 37.153 - Required Refusal Of Service
  A certificate holder shall refuse to serve a customer in the holder's certificated area if the holder is prohibited from providing the service under Section ...
• Texas Utilities Code Section 37.154 - Transfer Of Certificate
  (a) An electric utility may sell, assign, or lease a certificate or a right obtained under a certificate if the commission determines that the purchaser, ...
• Texas Utilities Code Section 37.155 - Application Of Contracts
  A contract approved by the commission between retail electric utilities that designates areas and customers to be served by the utilities: (1) is valid and ...
• Texas Utilities Code Section 37.156 - Interference With Another Utility
  If an electric utility constructing or extending the utility's lines, plant, or system interferes or attempts to interfere with the operation of a line, plant, ...
• Texas Utilities Code Section 37.157 - Maps
  An electric utility shall file with the commission one or more maps that show each utility facility and that separately illustrate each utility facility for ...
• Texas Utilities Code Section 38.001 - General Standard
  An electric utility and an electric cooperative shall furnish service, instrumentalities, and facilities that are safe, adequate, efficient, and reasonable. Acts 1997, 75th Leg., ch. ...
• Texas Utilities Code Section 38.002 - Authority Of Regulatory Authority Concerning Standards
  A regulatory authority, on its own motion or on complaint and after reasonable notice and hearing, may: (1) adopt just and reasonable standards, classifications, rules, ...
• Texas Utilities Code Section 38.003 - Rule Or Standard
  (a) An electric utility may not impose a rule except as provided by this title. (b) An electric utility may file with the regulatory authority ...
• Texas Utilities Code Section 38.004 - Minimum Clearance Standard
  Notwithstanding any other law, a transmission or distribution line owned by an electric utility or an electric cooperative must be constructed, operated, and maintained, as ...
• Texas Utilities Code Section 38.005 - Electric Service Reliability Measures
  (a) The commission shall implement service quality and reliability standards relating to the delivery of electricity to retail customers by electric utilities and transmission and ...
• Texas Utilities Code Section 38.021 - Unreasonable Preference Or Prejudice Concerning Service Prohibited
  In providing a service to persons in a classification, an electric utility may not: (1) grant an unreasonable preference or advantage to a person in ...
• Texas Utilities Code Section 38.022 - Discrimination And Restriction On Competition
  An electric utility may not: (1) discriminate against a person or electric cooperative who sells or leases equipment or performs services in competition with the ...
• Texas Utilities Code Section 38.051 - Examination And Test Of Instrument Or Equipment; Inspection
  (a) A regulatory authority may: (1) examine and test equipment, including meters and instruments, used to measure service of an electric utility; and (2) set ...
• Texas Utilities Code Section 38.052 - Inspection For Consumer
  (a) A consumer may have a meter or other measuring device tested by an electric utility: (1) once without charge, after a reasonable period of ...
• Texas Utilities Code Section 38.071 - Improvements In Service; Interconnecting Service
  The commission, after notice and hearing, may: (1) order an electric utility to provide specified improvements in its service in a specified area if: (A) ...
• Texas Utilities Code Section 39.001 - Legislative Policy And Purpose
  (a) The legislature finds that the production and sale of electricity is not a monopoly warranting regulation of rates, operations, and services and that the ...
• Texas Utilities Code Section 39.002 - Applicability
  This chapter, other than Sections 39.155, 39.157(e), 39.203, 39.903, and 39.904, does not apply to a municipally owned utility or an electric cooperative. Sections 39.157(e), ...
• Texas Utilities Code Section 39.003 - Contested Cases
  Unless specifically provided otherwise, each commission proceeding under this chapter, other than a rulemaking proceeding, report, notification, or registration, shall be conducted as a contested ...
• Texas Utilities Code Section 39.051 - Unbundling
  (a) On or before September 1, 2000, each electric utility shall separate from its regulated utility activities its customer energy services business activities that are ...
• Texas Utilities Code Section 39.052 - Freeze On Existing Retail Base Rate Tariffs
  (a) Until January 1, 2002, an electric utility shall provide retail electric service within its certificated service area in accordance with the electric utility's retail ...
• Texas Utilities Code Section 39.053 - Cost Recovery Adjustments
  This subchapter does not limit or alter the ability of an electric utility during the freeze period to revise its fuel factor or to reconcile ...
• Texas Utilities Code Section 39.054 - Retail Electric Service During Freeze Period
  (a) An electric utility shall provide retail electric service during the freeze period in accordance with any contract terms applicable to a particular retail customer ...
• Texas Utilities Code Section 39.055 - Force Majeure
  (a) An electric utility may recover losses resulting from force majeure through an increase in its retail base rates during the freeze period. (b) Notwithstanding ...
• Texas Utilities Code Section 39.101 - Customer Safeguards
  (a) Before customer choice begins on January 1, 2002, the commission shall ensure that retail customer protections are established that entitle a customer: (1) to ...
• Texas Utilities Code Section 39.102 - Retail Customer Choice
  (a) Each retail customer in this state, except retail customers of electric cooperatives and municipally owned utilities that have not opted for customer choice, shall ...
• Texas Utilities Code Section 39.1025 - Limitations On Telephone Solicitation
  (a) A person may not make or cause to be made a telephone solicitation to a nonresidential electric customer who has given notice to the ...
• Texas Utilities Code Section 39.103 - Commission Authority To Delay Competition And Set New Rates
  If the commission determines under Section 39.104 that a power region is unable to offer fair competition and reliable service to all retail customer classes ...
• Texas Utilities Code Section 39.104 - Customer Choice Pilot Projects
  (a) Customer choice pilot projects may be used to allow the commission to evaluate the ability of each power region and electric utility to implement ...
• Texas Utilities Code Section 39.105 - Limitation On Sale Of Electricity
  (a) After January 1, 2002, a transmission and distribution utility may not sell electricity or otherwise participate in the market for electricity except for the ...
• Texas Utilities Code Section 39.106 - Provider Of Last Resort
  (a) The commission shall designate retail electric providers in areas of the state in which customer choice is in effect to serve as providers of ...
• Texas Utilities Code Section 39.107 - Metering And Billing Services
  (a) On introduction of customer choice in a service area, metering services for the area shall continue to be provided by the transmission and distribution ...
• Texas Utilities Code Section 39.108 - Contractual Obligations
  This chapter may not: (1) interfere with or abrogate the rights or obligations of any party, including a retail or wholesale customer, to a contract ...
• Texas Utilities Code Section 39.109 - New Owner Or Successor
  (a) To ensure the continued safe and reliable operation of electric generating facilities, the commission shall require a generating facility that is transferred to a ...
• Texas Utilities Code Section 39.151 - Essential Organizations
  (a) A power region must establish one or more independent organizations to perform the following functions: (1) ensure access to the transmission and distribution systems ...
• Texas Utilities Code Section 39.1511 - Public Meetings Of The Governing Body Of An Independent Organization
  (a) Meetings of the governing body of an independent organization certified under Section 39.151 and meetings of a subcommittee that includes a member of the ...
• Texas Utilities Code Section 39.1512 - Disclosure Of Interest In Matter Before Independent Organization's Governing Body; Participation In Decision
  (a) If a matter comes before the governing body of an independent organization certified under Section 39.151 and a member has a direct interest in ...
• Texas Utilities Code Section 39.1515 - Wholesale Electric Market Monitor
  (a) An independent organization certified under Section 39.151 shall contract with an entity selected by the commission to act as the commission's wholesale electric market ...
• Texas Utilities Code Section 39.152 - Qualifying Power Regions
  (a) The commission shall certify a power region if: (1) a sufficient number of interconnected utilities in the power region fall under the operational control ...
• Texas Utilities Code Section 39.153 - Capacity Auction
  (a) Each electric utility subject to this section shall sell at auction, at least 60 days before the date set for customer choice to begin, ...
• Texas Utilities Code Section 39.154 - Limitation Of Ownership Of Installed Capacity
  (a) Beginning on the date of introduction of customer choice, a power generation company may not own and control more than 20 percent of the ...
• Texas Utilities Code Section 39.155 - Commission Assessment Of Market Power
  (a) Each person, municipally owned utility, electric cooperative, and river authority that owns generation facilities and offers electricity for sale in this state shall report ...
• Texas Utilities Code Section 39.156 - Market Power Mitigation Plan
  (a) In this section, "market power mitigation plan" or "plan" means a written proposal by an electric utility or a power generation company for reducing ...
• Texas Utilities Code Section 39.157 - Commission Authority To Address Market Power
  (a) The commission shall monitor market power associated with the generation, transmission, distribution, and sale of electricity in this state. On a finding that market ...
• Texas Utilities Code Section 39.158 - Mergers And Consolidations
  (a) An owner of electric generation facilities that offers electricity for sale in the state and proposes to merge, consolidate, or otherwise become affiliated with ...
• Texas Utilities Code Section 39.201 - Cost Of Service Tariffs And Charges
  (a) Each electric utility shall, on or before April 1, 2000, file proposed tariffs for its proposed transmission and distribution utility. (b) The filing under ...
• Texas Utilities Code Section 39.202 - Price To Beat
  (a) From January 1, 2002, until January 1, 2007, an affiliated retail electric provider shall make available to residential and small commercial customers of its ...
• Texas Utilities Code Section 39.203 - Transmission And Distribution Service
  (a) All transmission and distribution utilities shall provide transmission service at wholesale under Subchapter A, Chapter 35. In addition, on and after January 1, 2002, ...
• Texas Utilities Code Section 39.204 - Tariffs For Open Access
  Each transmission and distribution utility shall file a tariff implementing the open access rules with the commission or the federal regulatory authority having jurisdiction over ...
• Texas Utilities Code Section 39.205 - Regulation Of Costs Following Freeze Period
  At the conclusion of the freeze period, any remaining costs associated with nuclear decommissioning obligations continue to be subject to cost of service rate regulation ...
• Texas Utilities Code Section 39.251 - Definitions
  In this subchapter: (1) "Above market purchased power costs" means wholesale demand and energy costs that a utility is obligated to pay under an existing ...
• Texas Utilities Code Section 39.252 - Right To Recover Stranded Costs
  (a) An electric utility is allowed to recover all of its net, verifiable, nonmitigable stranded costs incurred in purchasing power and providing electric generation service. ...
• Texas Utilities Code Section 39.253 - Allocation Of Stranded Costs
  (a) Any capital costs incurred by an electric utility to improve air quality under Section 39.263 or 39.264 that are included in a utility's invested ...
• Texas Utilities Code Section 39.254 - Use Of Revenues For Utilities With Stranded Costs
  This subchapter provides a number of tools to an electric utility to mitigate stranded costs. Each electric utility that was reported by the commission to ...
• Texas Utilities Code Section 39.255 - Use Of Revenues For Utilities With No Stranded Costs
  (a) An electric utility that does not have stranded costs described by Section 39.254 shall be permitted to use any positive difference under the report ...
• Texas Utilities Code Section 39.256 - Option To Redirect Depreciation
  (a) For the calendar years of 1998, 1999, 2000, and 2001, an electric utility described by Section 39.254 may redirect all or a part of ...
• Texas Utilities Code Section 39.257 - Annual Report
  (a) Beginning with the 1999 calendar year, each electric utility shall file a report with the commission not later than 90 days after the end ...
• Texas Utilities Code Section 39.258 - Annual Report: Determination Of Annual Costs
  For the purposes of determining the annual costs in each annual report, the following amounts shall be used: (1) the lesser of: (A) the utility's ...
• Texas Utilities Code Section 39.259 - Annual Report: Determination Of Invested Capital
  (a) For the purposes of determining invested capital in each annual report, the net plant in service, regulatory assets, and deferred federal income taxes shall ...
• Texas Utilities Code Section 39.260 - Use Of Generally Accepted Accounting Principles
  (a) The definition and identification of invested capital and other terms used in this subchapter and Subchapter G that affect the net book value of ...
• Texas Utilities Code Section 39.261 - Review Of Annual Report
  (a) The annual report filed under this subchapter is a public document and shall be reviewed by the staff of the commission and the office. ...
• Texas Utilities Code Section 39.262 - True-Up Proceeding
  (a) An electric utility, together with its affiliated retail electric provider and its affiliated transmission and distribution utility, may not be permitted to overrecover stranded ...
• Texas Utilities Code Section 39.263 - Stranded Cost Recovery Of Environmental Cleanup Costs
  (a) Subject to Subsection (c), capital costs incurred by an electric utility to improve air quality before January 1, 2002, are eligible for inclusion as ...
• Texas Utilities Code Section 39.264 - Emissions Reductions Of "Grandfathered Facilities"
  (a) In this section: (1) "Conservation commission" means the Texas Natural Resource Conservation Commission. (2) "Electric generating facility" means a facility that generates electric energy ...
• Texas Utilities Code Section 39.265 - Rights Not Affected
  This chapter is not intended to alter any rights of utilities to recover stranded costs from wholesale customers. Added by Acts 1999, 76th Leg., ch. ...
• Texas Utilities Code Section 39.301 - Purpose
  The purpose of this subchapter is to enable utilities to use securitization financing to recover regulatory assets and stranded costs, because this type of debt ...
• Texas Utilities Code Section 39.302 - Definitions
  In this subchapter: (1) "Assignee" means any individual, corporation, or other legally recognized entity to which an interest in transition property is transferred, other than ...
• Texas Utilities Code Section 39.303 - Financing Orders; Terms
  (a) The commission shall adopt a financing order, on application of a utility to recover the utility's regulatory assets and eligible stranded costs under Section ...
• Texas Utilities Code Section 39.304 - Property Rights
  (a) The rights and interests of an electric utility or successor under a financing order, including the right to impose, collect, and receive transition charges ...
• Texas Utilities Code Section 39.305 - No Setoff
  The interest of an assignee or pledgee in transition property and in the revenues and collections arising from that property are not subject to setoff, ...
• Texas Utilities Code Section 39.306 - No Bypass
  A financing order shall include terms ensuring that the imposition and collection of transition charges authorized in the order shall be nonbypassable. Added by Acts ...
• Texas Utilities Code Section 39.307 - True-Up
  A financing order shall include a mechanism requiring that transition charges be reviewed and adjusted at least annually, within 45 days of the anniversary date ...
• Texas Utilities Code Section 39.308 - True Sale
  An agreement by an electric utility or assignee to transfer transition property that expressly states that the transfer is a sale or other absolute transfer ...
• Texas Utilities Code Section 39.309 - Security Interests; Assignment; Commingling; Default
  (a) Transition property does not constitute an account or general intangible under Section 9.106, Business & Commerce Code. The creation, granting, perfection, and enforcement of ...
• Texas Utilities Code Section 39.310 - Pledge Of State
  Transition bonds are not a debt or obligation of the state and are not a charge on its full faith and credit or taxing power. ...
• Texas Utilities Code Section 39.311 - Tax Exemption
  Transactions involving the transfer and ownership of transition property and the receipt of transition charges are exempt from state and local income, sales, franchise, gross ...
• Texas Utilities Code Section 39.312 - Not Public Utility
  An assignee or financing party may not be considered to be a public utility or person providing electric service solely by virtue of the transactions ...
• Texas Utilities Code Section 39.313 - Severability
  Effective on the date the first utility transition bonds are issued under this subchapter, if any provision in this title or portion of this title ...
• Texas Utilities Code Section 39.351 - Registration Of Power Generation Companies
  (a) A person may not generate electricity unless the person is registered with the commission as a power generation company in accordance with this section. ...
• Texas Utilities Code Section 39.352 - Certification Of Retail Electric Providers
  (a) After the date of customer choice, a person, including an affiliate of an electric utility, may not provide retail electric service in this state ...
• Texas Utilities Code Section 39.353 - Registration Of Aggregators
  (a) A person may not provide aggregation services in the state unless the person is registered with the commission as an aggregator. (b) In this ...
• Texas Utilities Code Section 39.3535 - Military Bases Aggregators
  (a) In this section, "military bases aggregator" means a person joining two or more military bases that are located in areas of the state offering ...
• Texas Utilities Code Section 39.354 - Registration Of Municipal Aggregators
  (a) A municipal aggregator may not provide aggregation services in the state unless the municipal aggregator registers with the commission. (b) In this section, "municipal ...
• Texas Utilities Code Section 39.3545 - Registration Of Political Subdivision Aggregators
  (a) A political subdivision aggregator may not provide aggregation services in the state unless the political subdivision aggregator registers with the commission. (b) In this ...
• Texas Utilities Code Section 39.355 - Registration Of Power Marketers
  A person may not sell electric energy at wholesale as a power marketer unless the person registers with the commission pursuant to Section 35.032. Added ...
• Texas Utilities Code Section 39.356 - Revocation Of Certification
  (a) The commission may suspend, revoke, or amend a retail electric provider's certificate for significant violations of this title or the rules adopted under this ...
• Texas Utilities Code Section 39.357 - Administrative Penalty
  In addition to the suspension, revocation, or amendment of a certification, the commission may impose an administrative penalty, as provided by Section 15.023, for violations ...
• Texas Utilities Code Section 39.358 - Local Registration Of Retail Electric Provider
  (a) A municipality may require a retail electric provider to register with the municipality as a condition of serving residents of the municipality. The municipality ...
• Texas Utilities Code Section 39.401 - Applicability
  This subchapter shall apply to investor-owned electric utilities operating solely outside of ERCOT having fewer than six synchronous interconnections with voltage levels above 69 kilovolts ...
• Texas Utilities Code Section 39.402 - Regulation Of Utility And Transition To Competition
  (a) Until the later of January 1, 2007, or the date on which an electric utility subject to this subchapter is authorized by the commission ...
• Texas Utilities Code Section 39.407 - Customer Choice And Relevant Market And Related Matters
  (a) If an electric utility chooses on or after January 1, 2007, to participate in customer choice, the commission may not authorize customer choice until ...
• Texas Utilities Code Section 39.409 - Recoupment Of Transition To Competition Costs
  An electric utility subject to this subchapter is entitled to recover, as provided by this section, all reasonable and necessary expenditures made or incurred before ...
• Texas Utilities Code Section 39.410 - Contractual Obligations
  This subchapter may not: (1) interfere with or abrogate the rights or obligations of any party, including a retail or wholesale customer, to a contract ...
• Texas Utilities Code Section 39.451 - Applicability
  This subchapter applies only to an investor-owned electric utility that is operating solely outside of ERCOT in areas of this state that were included in ...
• Texas Utilities Code Section 39.452 - Regulation Of Utility And Transition To Competition
  (a) Until the date on which an electric utility subject to this subchapter is authorized by the commission to implement customer choice under Section 39.453, ...
• Texas Utilities Code Section 39.453 - Customer Choice And Relevant Market And Related Matters
  (a) The commission may not authorize customer choice until the commission certifies the applicable power region as a qualifying power region under Section 39.152(a). Sections ...
• Texas Utilities Code -
  § 39.454. RECOUPMENT OF TRANSITION TO COMPETITION COSTS. An electric utility subject to this subchapter is entitled to recover, as provided by this ...
• Texas Utilities Code Section 39.455 - Recovery Of Incremental Capacity Costs
  An electric utility subject to this subchapter is entitled to recover, through a rate rider mechanism, reasonable and necessary costs of incremental resources required to ...
• Texas Utilities Code Section 39.456 - Franchise Agreements
  A municipality, with the agreement of an electric utility, may accelerate the expiration date of a franchise agreement that was in existence on September 1, ...
• Texas Utilities Code Section 39.457 - Contractual Rights
  In the event that the electric utility subject to this subchapter either merges, consolidates, or otherwise becomes affiliated with another owner of electric generation, or ...
• Texas Utilities Code Section 39.458 - Recovery And Securitization Of Hurricane Reconstruction Costs; Purpose
  (a) The purpose of this section and of Sections 39.459-39.463 is to enable an electric utility subject to this subchapter to obtain timely recovery of ...
• Texas Utilities Code Section 39.459 - Hurricane Reconstruction Costs
  (a) In this subchapter: (1) "Hurricane reconstruction costs" means reasonable and necessary costs, including costs expensed, charged to the storm reserve, or capitalized, that are ...
• Texas Utilities Code Section 39.460 - Standards And Procedures Governing Securitization Of Hurricane Reconstruction Costs
  (a) The procedures and standards of this subchapter and the provisions of Subchapter G govern the application for, and the commission's issuance of, a financing ...
• Texas Utilities Code Section 39.461 - Nonbypassable Charges
  The commission may include terms in the financing order to ensure that the imposition and collection of transition charges associated with the recovery of hurricane ...
• Texas Utilities Code Section 39.462 - Determination Of Hurricane Reconstruction Costs
  (a) An electric utility subject to this subchapter is entitled to recover hurricane reconstruction costs consistent with the provisions of this subchapter and is entitled ...
• Texas Utilities Code Section 39.463 - Severability
  Effective on the date the first utility transition bonds associated with hurricane reconstruction costs are issued under this subchapter, if any provision in this title ...
• Texas Utilities Code Section 39.9016 - Nuclear Safety Fee
  An electric utility that operates a nuclear asset located in a county on the coast of the Gulf of Mexico shall pay a nuclear safety ...
• Texas Utilities Code Section 39.902 - Customer Education
  (a) On or before January 1, 2001, the commission shall develop and implement an educational program to inform customers, including low-income and non-English-speaking customers, about ...
• Texas Utilities Code Section 39.903 - System Benefit Fund
  (a) The system benefit fund is an account in the general revenue fund. Money in the account may be appropriated only for the purposes provided ...
• Texas Utilities Code Section 39.904 - Goal For Renewable Energy
  (a) It is the intent of the legislature that by January 1, 2015, an additional 5,000 megawatts of generating capacity from renewable energy technologies will ...
• Texas Utilities Code Section 39.9044 - Goal For Natural Gas
  (a) It is the intent of the legislature that 50 percent of the megawatts of generating capacity installed in this state after January 1, 2000, ...
• Texas Utilities Code Section 39.9048 - Natural Gas Fuel
  It is the intent of the legislature that: (1) the cost of generating electricity remain as low as possible; and (2) the state establish and ...
• Texas Utilities Code Section 39.905 - Goal For Energy Efficiency
  (a) It is the goal of the legislature that: (1) electric utilities will administer energy savings incentive programs in a market-neutral, nondiscriminatory manner but will ...
• Texas Utilities Code Section 39.906 - Displaced Workers
  In order to mitigate potential negative impacts on utility personnel directly affected by electric industry restructuring, the commission shall allow the recovery of reasonable employee-related ...
• Texas Utilities Code Section 39.907 - Legislative Oversight Committee
  (a) In this section, "committee" means the electric utility restructuring legislative oversight committee. (b) The committee is composed of six members as follows: (1) the ...
• Texas Utilities Code Section 39.908 - Effect Of Sunset Provision
  (a) If the commission is abolished and the other provisions of this title expire as provided by Chapter 325, Government Code (Texas Sunset Act), this ...
• Texas Utilities Code Section 39.909 - Plan And Report Of Workforce Diversity And Other Business Practices
  (a) In this section, "small business" and "historically underutilized business" have the meanings assigned by Section 481.191, Government Code. (b) Before January 1, 2000, each ...
• Texas Utilities Code Section 39.910 - Incentive Program And Goal For Energy Efficiency For Military Bases
  (a) The commission by rule shall establish an electric energy efficiency incentive program under which each electric utility in an area where customer choice is ...
• Texas Utilities Code Section 40.001 - Applicable Law
  (a) Notwithstanding any other provision of law, except Sections 39.155, 39.157(e), 39.203, 39.903, and 39.904, this chapter governs the transition to and the establishment of ...
• Texas Utilities Code Section 40.002 - Definition
  For purposes of this chapter, "body vested with the power to manage and operate a municipally owned utility" means a body created in accordance with ...
• Texas Utilities Code Section 40.003 - Securitization
  (a) Municipally owned utilities and river authorities may adopt and use securitization provisions having the effect of the provisions provided by Subchapter G, Chapter 39, ...
• Texas Utilities Code Section 40.004 - Jurisdiction Of Commission
  Except as specifically otherwise provided in this chapter, the commission has jurisdiction over municipally owned utilities only for the following purposes: (1) to regulate wholesale ...
• Texas Utilities Code Section 40.051 - Governing Body Decision
  (a) The municipal governing body or a body vested with the power to manage and operate a municipally owned utility has the discretion to decide ...
• Texas Utilities Code Section 40.052 - Utility Not Offering Customer Choice
  (a) A municipally owned utility that has not chosen to participate in customer choice may not offer electric energy at unregulated prices directly to retail ...
• Texas Utilities Code Section 40.053 - Retail Customer's Right Of Choice
  (a) If a municipally owned utility chooses to participate in customer choice, after that choice all retail customers served by the municipally owned utility within ...
• Texas Utilities Code Section 40.054 - Service Outside Area
  (a) A municipally owned utility participating in customer choice shall have the right to offer electric energy and related services at unregulated prices directly to ...
• Texas Utilities Code Section 40.055 - Jurisdiction Of Municipal Governing Body
  (a) The municipal governing body or a body vested with the power to manage and operate a municipally owned utility has exclusive jurisdiction to: (1) ...
• Texas Utilities Code Section 40.056 - Anticompetitive Actions
  (a) If, on complaint by a retail electric provider, the commission finds that a municipal rule, action, or order relating to customer choice is anticompetitive ...
• Texas Utilities Code Section 40.057 - Billing
  (a) A municipally owned utility that opts for customer choice may continue to bill directly electric customers located in its certificated retail service area, as ...
• Texas Utilities Code Section 40.058 - Tariffs For Open Access
  A municipally owned utility that owns or operates transmission and distribution facilities shall file with the commission tariffs implementing the open access rules established by ...
• Texas Utilities Code Section 40.059 - Municipal Power Agency; Recovery Of Stranded Costs
  (a) In this section, "member city" means a municipality that participated in the creation of a municipal power agency formed under Chapter 163 by the ...
• Texas Utilities Code Section 40.060 - No Power To Amend Certificates
  Nothing in this chapter empowers a municipal governing body or a body vested with the power to manage and operate a municipally owned utility to ...
• Texas Utilities Code Section 40.101 - Interference With Contract
  (a) This subtitle may not interfere with or abrogate the rights or obligations of parties, including a retail or wholesale customer, to a contract with ...
• Texas Utilities Code Section 40.102 - Access To Wholesale Market
  Nothing in this subtitle shall limit the access of municipally owned utilities to the wholesale electric market. Added by Acts 1999, 76th Leg., ch. 405, ...
• Texas Utilities Code Section 40.103 - Protection Of Bondholders
  Nothing in this subtitle or any rule adopted under this subtitle shall impair contracts, covenants, or obligations between this state, river authorities, municipalities, and the ...
• Texas Utilities Code Section 40.104 - Tax-Exempt Status
  Nothing in this subtitle may impair the tax-exempt status of municipalities, electric cooperatives, or river authorities, nor shall anything in this subtitle compel any municipality, ...
• Texas Utilities Code Section 41.001 - Applicable Law
  Notwithstanding any other provision of law, except Sections 39.155, 39.157(e), 39.203, 39.903, and 39.904, this chapter governs the transition to and the establishment of a ...
• Texas Utilities Code Section 41.002 - Definitions
  In this chapter: (1) "Board of directors" means the board of directors of an electric cooperative as described in Section 161.071. (2) "Rate" includes any ...
• Texas Utilities Code Section 41.003 - Securitization
  (a) Electric cooperatives may adopt and use securitization provisions having the effect of the provisions provided by Subchapter G, Chapter 39, to recover through rates ...
• Texas Utilities Code Section 41.004 - Jurisdiction Of Commission
  Except as specifically provided otherwise in this chapter, the commission has jurisdiction over electric cooperatives only as follows: (1) to regulate wholesale transmission rates and ...
• Texas Utilities Code Section 41.005 - Limitation On Municipal Authority
  Notwithstanding any other provision of this title, a municipality may not directly or indirectly regulate the rates, operations, and services of an electric cooperative, except, ...
• Texas Utilities Code Section 41.051 - Board Decision
  (a) The board of directors has the discretion to decide when or if the electric cooperative will provide customer choice. (b) Electric cooperatives that choose ...
• Texas Utilities Code Section 41.052 - Electric Cooperatives Not Offering Customer Choice
  (a) An electric cooperative that chooses not to participate in customer choice may not offer electric energy at unregulated prices directly to retail customers outside ...
• Texas Utilities Code Section 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 ...
• Texas Utilities Code Section 41.054 - Service Outside Certificated Area
  (a) Notwithstanding any provisions of Chapter 161: (1) an electric cooperative participating in customer choice shall have the right to offer electric energy and related ...
• Texas Utilities Code Section 41.055 - Jurisdiction Of Board Of Directors
  A board of directors has exclusive jurisdiction to: (1) set all terms of access, conditions, and rates applicable to services provided by the electric cooperative, ...
• Texas Utilities Code Section 41.056 - Anticompetitive Actions
  (a) If, after notice and hearing, the commission finds that an electric cooperative providing customer choice has engaged in anticompetitive behavior by not providing other ...
• Texas Utilities Code Section 41.057 - Billing
  (a) An electric cooperative that opts for customer choice may continue to bill directly electric customers located in its certificated service area for all transmission ...
• Texas Utilities Code Section 41.058 - Tariffs For Open Access
  An electric cooperative that owns or operates transmission and distribution facilities shall file tariffs implementing the open access rules established by the commission under Section ...
• Texas Utilities Code Section 41.059 - No Power To Amend Certificates
  Nothing in this chapter empowers a board of directors to issue, amend, or rescind a certificate of public convenience and necessity granted by the commission. ...
• Texas Utilities Code Section 41.060 - Customer Service Information
  (a) The commission shall keep information submitted by customers and retail electric providers pertaining to the provision of electric service by electric cooperatives. (b) The ...
• Texas Utilities Code Section 41.061 - Retail Rate Changes By Electric Cooperatives
  (a) This section shall apply to retail rates of an electric cooperative that has not adopted customer choice and to the retail delivery rates of ...
• Texas Utilities Code Section 41.062 - Allocation Of Stranded Investment
  Any competition transition charge shall be allocated among retail customer classes based on the relevant customer class characteristics as of the end of the electric ...
• Texas Utilities Code Section 41.101 - Interference With Contract
  (a) This subtitle may not interfere with or abrogate the rights or obligations of parties, including a retail or wholesale customer, to a contract with ...
• Texas Utilities Code Section 41.102 - Access To Wholesale Market
  Nothing in this subtitle shall limit the access of an electric cooperative or its subsidiary, either on its own behalf or on behalf of its ...
• Texas Utilities Code Section 41.103 - Protection Of Bondholders
  Nothing in this subtitle or any rule adopted under this subtitle shall impair contracts, covenants, or obligations between an electric cooperative and its lenders and ...
• Texas Utilities Code Section 41.104 - Tax-Exempt Status
  Nothing in this subtitle may impair the tax-exempt status of electric cooperatives, nor shall anything in this subtitle compel any electric cooperative to use its ...
• Texas Utilities Code Section 43.001 - Legislative Findings
  (a) The legislature finds that broadband over power lines, also known as BPL, is an emerging technology platform that offers a means of providing broadband ...
• Texas Utilities Code Section 43.002 - Applicability
  (a) This chapter applies to an electric utility whether or not the electric utility is offering customer choice under Chapter 39. (b) If there is ...
• Texas Utilities Code Section 43.003 - Definitions
  In this chapter: (1) "BPL," "broadband over power lines," and "BPL services" mean the provision of broadband services over electric power lines and related facilities, ...
• Texas Utilities Code Section 43.051 - Authorization For Bpl System
  An affiliate of an electric utility or a person unaffiliated with an electric utility may own, construct, maintain, and operate a BPL system and provide ...
• Texas Utilities Code Section 43.052 - Ownership And Operation Of Bpl System
  (a) An electric utility may elect to: (1) allow an affiliate to own or operate a BPL system on the utility's electric delivery system; (2) ...
• Texas Utilities Code Section 43.053 - Fees And Charges
  (a) An electric utility that allows an affiliate or an unaffiliated entity to own a BPL system on the electric utility's electric delivery system shall ...
• Texas Utilities Code Section 43.054 - No Additional Easements Or Consideration Required
  Because BPL systems provide benefits to electric delivery systems, the installation of a BPL system on an electric delivery system shall not require the electric ...
• Texas Utilities Code Section 43.055 - Reliability Of Electric Systems Maintained
  An electric utility that allows the installation and operation of a BPL system on its electric delivery system shall employ all reasonable measures to ensure ...
• Texas Utilities Code Section 43.101 - Participation By Electric Utility
  (a) An electric utility, through an affiliate or through an unaffiliated entity, may elect to install and operate a BPL system on some or all ...
• Texas Utilities Code Section 43.102 - Cost Recovery For Deployment Of Bpl And Utility Applications
  (a) Where an electric utility permits the installation of a BPL system on its electric delivery system under Section 43.052(a), the electric utility's investment in ...
• Texas Utilities Code Section 43.151 - Affiliates Of Electric Utility
  (a) Subject to the limitations of this chapter, an electric utility may have a full or partial ownership interest in a BPL operator or a ...
• Texas Utilities Code Section 43.152 - Compliance With Federal Law
  BPL operators shall comply with all applicable federal laws, including those protecting licensed spectrum users from interference by BPL systems. The operator of a radio ...
• Texas Utilities Code Section 51.001 - Policy
  (a) Significant changes have occurred in telecommunications since the law from which this title is derived was originally adopted. To encourage and accelerate the development ...
• Texas Utilities Code Section 51.002 - Definitions
  In this subtitle: (1) "Basic local telecommunications service" means: (A) flat rate residential and business local exchange telephone service, including primary directory listings; (B) tone ...
• Texas Utilities Code Section 51.003 - Applicability
  Except as otherwise expressly provided by this title, this title does not apply to: (1) a company that as its only form of business: (A) ...
• Texas Utilities Code Section 51.004 - Pricing Flexibility
  (a) A discount or other form of pricing flexibility may not be: (1) unreasonably preferential, prejudicial, or discriminatory; or (2) predatory or anticompetitive. (b) This ...
• Texas Utilities Code Section 51.005 - Assistance To Municipality
  On request of a municipality, the commission may advise and assist the municipality with respect to a question or proceeding arising under this title. Assistance ...
• Texas Utilities Code Section 51.006 - Municipal Participation In Ratemaking Proceedings
  (a) The governing body of a municipality participating in a ratemaking proceeding may engage rate consultants, accountants, auditors, attorneys, and engineers to: (1) conduct investigations, ...
• Texas Utilities Code Section 51.007 - Municipal Standing In Certain Cases
  (a) A municipality has standing in each case before the commission that relates to a utility providing service in the municipality. (b) A municipality's standing ...
• Texas Utilities Code Section 51.008 - Judicial Review
  A municipality is entitled to judicial review of a commission order relating to a utility providing services in the municipality as provided by Section 15.001. ...
• Texas Utilities Code Section 51.009 - Municipal Fees
  (a) Nothing in this title, including Section 53.201, may be construed as in any way limiting the right of a public utility to pass through ...
• Texas Utilities Code Section 51.010 - Commission Investigation Of Sale, Merger, Or Certain Other Actions
  (a) The commission, not later than the 180th day after the date a public utility reports to the commission under Section 14.101, shall complete an ...
• Texas Utilities Code Section 52.001 - Policy
  (a) It is the policy of this state to protect the public interest in having adequate and efficient telecommunications service available to each resident of ...
• Texas Utilities Code Section 52.002 - Authority To Regulate
  (a) To carry out the public policy stated by Section 52.001 and to regulate rates, operations, and services so that the rates are just, fair, ...
• Texas Utilities Code Section 52.003 - Cooperation With Other Regulatory Authorities
  In regulating the rates, operations, and services of a telecommunications utility providing service in a municipality located on the state line adjacent to a municipality ...
• Texas Utilities Code Section 52.004 - Commission May Establish Separate Markets
  (a) The commission may establish separate telecommunications markets in this state if the commission determines that the public interest will be served. The commission shall ...
• Texas Utilities Code Section 52.005 - Minimum Requirements For Dominant Carriers
  The commission shall impose as minimum requirements for a dominant carrier the same requirements imposed by Subchapter C, except Section 52.107. Acts 1997, 75th Leg., ...
• Texas Utilities Code Section 52.006 - Commission To Report To Legislature
  (a) Before January 15 of each odd-numbered year, the commission shall report to the legislature on: (1) the scope of competition in regulated telecommunications markets; ...
• Texas Utilities Code Section 52.051 - Policy
  In adopting rules and establishing procedures under this subchapter, the commission shall: (1) attempt to balance the public interest in a technologically advanced telecommunications system ...
• Texas Utilities Code Section 52.052 - Applicability
  This subchapter does not apply to basic local telecommunications service, including local measured service. Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, ...
• Texas Utilities Code Section 52.053 - Certain Rates Prohibited
  A rate established under this subchapter may not be: (1) unreasonably preferential, prejudicial, or discriminatory; (2) subsidized either directly or indirectly by a regulated monopoly ...
• Texas Utilities Code Section 52.054 - Rules And Procedures For Incumbent Local Exchange Companies
  (a) To carry out the public policy stated in Section 52.001, notwithstanding any other provision of this title, the commission may adopt rules and establish ...
• Texas Utilities Code Section 52.055 - Hearing To Determine Level Of Competition
  In determining the level of competition in a specific market or submarket, the commission shall hold an evidentiary hearing to consider: (1) the number and ...
• Texas Utilities Code Section 52.056 - Specifically Authorized Regulatory Treatments
  The regulatory treatments the commission may implement under Section 52.054 include: (1) approval of a range of rates for a specific service; (2) approval of ...
• Texas Utilities Code Section 52.057 - Customer-Specific Contracts
  (a) The commission shall approve a customer-specific contract that meets the requirements of Subsection (b) to provide: (1) central office based PBX-type services for a ...
• Texas Utilities Code Section 52.058 - General Provisions Relating To New Or Experimental Services Or Promotional Rates
  (a) To encourage the rapid introduction of new or experimental services or promotional rates, the commission shall adopt rules and establish procedures that allow: (1) ...
• Texas Utilities Code Section 52.0583 - New Services
  (a) An incumbent local exchange company may introduce a new service 10 days after providing an informational notice to the commission, to the office, and ...
• Texas Utilities Code Section 52.0584 - Pricing And Packaging Flexibility; Customer Promotional Offerings
  (a) Notwithstanding any other provision of this title, an incumbent local exchange company may exercise pricing flexibility in accordance with this section, including the packaging ...
• Texas Utilities Code Section 52.0585 - Customer Promotional Offerings
  (a) An incumbent local exchange company may offer a promotion for a regulated service for not more than 90 days in any 12-month period. (b) ...
• Texas Utilities Code Section 52.059 - Rates To Cover Appropriate Costs
  (a) The commission by rule shall adopt standards necessary to ensure that a rate established under this subchapter covers appropriate costs as determined by the ...
• Texas Utilities Code Section 52.060 - Administrative Fee Or Assessment
  The commission may prescribe and collect a fee or assessment from local exchange companies necessary to recover the cost to the commission and to the ...
• Texas Utilities Code Section 52.101 - Applicability
  This subchapter applies only to a telecommunications utility that is not: (1) a dominant carrier; or (2) the holder of a certificate of operating authority ...
• Texas Utilities Code Section 52.102 - Limited Regulatory Authority
  (a) Except as otherwise provided by this subchapter, Subchapters D and K, Chapter 55, and Section 55.011, the commission has only the following jurisdiction over ...
• Texas Utilities Code Section 52.103 - Registration Required
  (a) A telecommunications utility shall register with the commission not later than the 30th day after the date the utility commences service to the public. ...
• Texas Utilities Code Section 52.104 - Commission May Investigate
  (a) The commission may investigate as necessary to determine the effect and scope of competition in the telecommunications industry. The investigation may include: (1) identifying ...
• Texas Utilities Code Section 52.105 - Access To Certain Services Required
  (a) The commission may require that each local exchange area have access to local and interexchange telecommunications service, except as otherwise provided by this section. ...
• Texas Utilities Code Section 52.106 - Quality Of Service Required
  The commission may require the quality of telecommunications service provided in a local exchange in which the commission determines that service has deteriorated and become ...
• Texas Utilities Code Section 52.107 - Predatory Pricing
  (a) The commission may enter an order necessary to protect the public interest if the commission finds by a preponderance of the evidence after notice ...
• Texas Utilities Code Section 52.108 - Other Prohibited Practices
  The commission may enter any order necessary to protect the public interest if the commission finds after notice and hearing that a telecommunications utility has: ...
• Texas Utilities Code Section 52.109 - Availability Of Service
  (a) The commission may require a telecommunications utility that provides a service to make that service available in an exchange served by the telecommunications utility ...
• Texas Utilities Code Section 52.110 - Burden Of Proof
  (a) In a proceeding before the commission in which it is alleged that a telecommunications utility engaged in conduct in violation of Section 52.107, 52.108, ...
• Texas Utilities Code Section 52.111 - Commission May Exempt
  The commission may exempt from a requirement of this subchapter a telecommunications utility that: (1) does not have a significant effect on the public interest, ...
• Texas Utilities Code Section 52.112 - Reduction Pass-Through Required
  (a) Each telecommunications utility that had more than six percent of the total intrastate access minutes of use as measured for the most recent 12-month ...
• Texas Utilities Code Section 52.151 - Applicability
  This subchapter applies only to a telecommunications utility that holds a certificate of operating authority or a service provider certificate of operating authority. Acts 1997, ...
• Texas Utilities Code Section 52.152 - Limited Regulatory Authority
  Except as otherwise specifically provided by this title, the commission has only the following authority over a telecommunications utility subject to this subchapter: (1) to ...
• Texas Utilities Code Section 52.153 - Books And Records
  The commission may prescribe forms of books, accounts, records, and memoranda to be kept by a telecommunications utility, but only as necessary to enforce the ...
• Texas Utilities Code Section 52.154 - Commission May Not Overburden
  The commission may not, by a rule or regulatory practice adopted under this chapter, impose on a telecommunications utility a greater regulatory burden than is ...
• Texas Utilities Code Section 52.155 - Prohibition Of Excessive Access Charges
  (a) A telecommunications utility that holds a certificate of operating authority or a service provider certificate of operating authority may not charge a higher amount ...
• Texas Utilities Code Section 52.156 - Retail Rates, Terms, And Conditions
  A telecommunications utility may not: (1) establish a retail rate, term, or condition that is anticompetitive or unreasonably preferential, prejudicial, or discriminatory; or (2) engage ...
• Texas Utilities Code Section 52.201 - Deregulation Of Service
  Notwithstanding any other provision of this title, the commission may deregulate the price of a service in a geographic market if, after notice and hearing, ...
• Texas Utilities Code Section 52.202 - Determination Of Geographic Market
  In determining the geographic market under Section 52.201, the commission shall consider the economic and technical conditions of the market. Acts 1997, 75th Leg., ch. ...
• Texas Utilities Code Section 52.203 - Market Power Test
  (a) To determine whether an incumbent local exchange company or holder of a certificate of operating authority who is a dominant carrier is no longer ...
• Texas Utilities Code Section 52.204 - Rate For Deregulated Service
  If the price of a service in a geographic market is deregulated under this subchapter, the incumbent local exchange company or holder of a certificate ...
• Texas Utilities Code Section 52.205 - Investigation Of Competition
  (a) On request of an incumbent local exchange company or holder of a certificate of operating authority who is a dominant carrier made in conjunction ...
• Texas Utilities Code Section 52.206 - Reregulation Of Market
  The commission, on its own motion or on a complaint that the commission considers to have merit, may assert regulation over a service in a ...
• Texas Utilities Code Section 52.207 - Reports; Confidential Information
  (a) In conjunction with the commission's authority to collect and compile information, the commission may collect a report from a holder of a: (1) certificate ...
• Texas Utilities Code Section 52.251 - Tariff Filings
  (a) A public utility shall file with the commission a tariff showing each rate that is: (1) subject to the commission's jurisdiction; and (2) in ...
• Texas Utilities Code Section 52.252 - Depreciation Account
  The commission shall require each public utility to carry a proper and adequate depreciation account in accordance with: (1) the rates and methods prescribed by ...
• Texas Utilities Code Section 52.253 - Accounts Of Profits And Losses
  A public utility shall keep separate accounts showing profits or losses from the sale or lease of merchandise, including an appliance, a fixture, or equipment. ...
• Texas Utilities Code Section 52.255 - Availability Of Records
  Notwithstanding Section 14.152, a book, account, record, or memorandum of a public utility may be removed from this state if the book, account, record, or ...
• Texas Utilities Code Section 52.256 - Plan And Report Of Workforce Diversity And Other Business Practices
  (a) In this section, "small business" and "historically underutilized business" have the meanings assigned by Section 481.191, Government Code. (b) Before January 1, 2000, each ...
• Texas Utilities Code Section 53.001 - Authorization To Establish And Regulate Rates
  (a) Except as otherwise provided by this title, the commission may establish and regulate rates of a public utility and may adopt rules for determining: ...
• Texas Utilities Code Section 53.002 - Compliance With Title
  A utility may not charge or receive a rate for utility service except as provided by this title. Acts 1997, 75th Leg., ch. 166, § ...
• Texas Utilities Code Section 53.003 - Just And Reasonable Rates
  (a) The commission shall ensure that each rate a public utility or two or more public utilities jointly make, demand, or receive is just and ...
• Texas Utilities Code Section 53.004 - Equality Of Rates And Services
  (a) A public utility may not directly or indirectly charge, demand, or receive from a person a greater or lesser compensation for a service provided ...
• Texas Utilities Code Section 53.005 - Rates For Area Not In Municipality
  Without the approval of the commission, a public utility's rates for an area not in a municipality may not exceed 115 percent of the average ...
• Texas Utilities Code Section 53.006 - Burden Of Proof
  (a) In a proceeding involving a proposed rate change, the public utility has the burden of proving that: (1) the rate change is just and ...
• Texas Utilities Code Section 53.007 - Limit On Reconnection Fee
  The commission shall establish a reasonable limit on the amount that a local exchange company may charge a customer for changing the location at which ...
• Texas Utilities Code Section 53.051 - Establishing Overall Revenues
  In establishing a public utility's rates, the commission shall establish the utility's overall revenues at an amount that will permit the utility a reasonable opportunity ...
• Texas Utilities Code Section 53.052 - Establishing Reasonable Return
  In establishing a reasonable return on invested capital, the commission shall consider applicable factors, including: (1) the quality of the utility's services; (2) the efficiency ...
• Texas Utilities Code Section 53.053 - Components Of Invested Capital
  (a) Public utility rates shall be based on the original cost, less depreciation, of property used by and useful to the utility in providing service. ...
• Texas Utilities Code Section 53.054 - Construction Work In Progress
  (a) Construction work in progress, at cost as recorded on the public utility's books, may be included in the utility's rate base. The inclusion of ...
• Texas Utilities Code Section 53.055 - Separations And Allocations
  Costs of facilities, revenues, expenses, taxes, and reserves shall be separated or allocated as prescribed by the commission. Acts 1997, 75th Leg., ch. 166, § ...
• Texas Utilities Code Section 53.056 - Depreciation, Amortization, And Depletion
  (a) The commission shall establish proper and adequate rates and methods of depreciation, amortization, or depletion for each class of property of a public utility. ...
• Texas Utilities Code Section 53.057 - Net Income; Determination Of Revenues And Expenses
  (a) A public utility's net income is the total revenues of the utility less all reasonable and necessary expenses as determined by the commission. (b) ...
• Texas Utilities Code Section 53.058 - Consideration Of Payment To Affiliate
  (a) Except as provided by Subsection (b), the commission may not allow as capital cost or as expense a payment to an affiliate for: (1) ...
• Texas Utilities Code Section 53.059 - Treatment Of Certain Tax Benefits
  (a) In determining the allocation of tax savings derived from liberalized depreciation and amortization, the investment tax credit, and the application of similar methods, the ...
• Texas Utilities Code Section 53.060 - Computation Of Income Tax; Consolidated Return
  (a) Unless it is shown to the satisfaction of the commission that it was reasonable to choose not to consolidate returns, a public utility's income ...
• Texas Utilities Code Section 53.061 - Allowance Of Certain Expenses
  (a) The commission may not allow as a cost or expense for ratemaking purposes: (1) an expenditure for legislative advocacy; or (2) an expenditure described ...
• Texas Utilities Code Section 53.062 - Consideration Of Certain Expenses
  The commission may not consider for ratemaking purposes: (1) an expenditure for legislative advocacy, made directly or indirectly, including legislative advocacy expenses included in trade ...
• Texas Utilities Code Section 53.063 - Consideration Of Profit Or Loss From Sale Or Lease Of Merchandise
  In establishing a public utility's rates, the commission may not consider a profit or loss that results from the sale or lease of merchandise, including ...
• Texas Utilities Code Section 53.064 - Self-Insurance
  (a) A public utility may self-insure all or part of the utility's potential liability or catastrophic property loss, including windstorm, fire, and explosion losses, that ...
• Texas Utilities Code Section 53.065 - Interexchange Services; Rates Of Incumbent Local Exchange Company
  (a) An incumbent local exchange company's rates for interexchange telecommunications services must be statewide average rates except as ordered by the commission after application and ...
• Texas Utilities Code Section 53.101 - Definition
  In this subchapter, "major change" means an increase in rates that would increase the aggregate revenues of the applicant more than the greater of $100,000 ...
• Texas Utilities Code Section 53.102 - Statement Of Intent To Change Rates
  (a) A utility may not change its rates unless the utility files a statement of its intent with the commission at least 35 days before ...
• Texas Utilities Code Section 53.103 - Notice Of Intent To Change Rates
  (a) The utility shall: (1) publish, in conspicuous form and place, notice to the public of the proposed change once each week for four successive ...
• Texas Utilities Code Section 53.104 - Early Effective Date Of Rate Change
  (a) For good cause shown, the commission may allow a rate change, other than a major change, to take effect: (1) before the end of ...
• Texas Utilities Code Section 53.105 - Determination Of Propriety Of Change; Hearing
  (a) If a tariff changing rates is filed with the commission, the commission shall, on complaint by an affected person, or may, on its own ...
• Texas Utilities Code Section 53.106 - Regional Hearing
  The commission shall hold a regional hearing at an appropriate location in a case in which the commission determines it is in the public interest ...
• Texas Utilities Code Section 53.107 - Preference To Hearing
  The commission shall: (1) give preference to a hearing under this subchapter and to deciding questions arising under this subchapter and Subchapter E over any ...
• Texas Utilities Code Section 53.108 - Rate Suspension; Deadline
  (a) Pending the hearing and a decision, the commission, after delivering to the utility a written statement of the commission's reasons, may suspend the rate ...
• Texas Utilities Code Section 53.109 - Temporary Rates
  (a) The commission may establish temporary rates to be in effect during the suspension period under Section 53.108. (b) If the commission does not establish ...
• Texas Utilities Code Section 53.110 - Bonded Rates
  (a) A utility may put a changed rate into effect by filing a bond with the commission if: (1) the 150-day suspension period has been ...
• Texas Utilities Code Section 53.111 - Establishment Of Final Rates
  (a) If, after hearing, the commission finds the rates are unreasonable or in violation of law, the commission shall: (1) enter an order establishing the ...
• Texas Utilities Code Section 53.112 - Expiration Of Suspension; Effect On Certain Rates
  (a) Notwithstanding Section 53.111(a), if the commission does not make a final determination concerning an incumbent local exchange company's rate change before expiration of the ...
• Texas Utilities Code Section 53.113 - Fcc-Approved Tariffs For Switched-Access Service
  (a) An incumbent local exchange company may file with the commission tariffs for switched-access service that have been approved by the Federal Communications Commission. The ...
• Texas Utilities Code Section 53.151 - Unreasonable Or Violative Existing Rates
  (a) If the commission, on its own motion or on complaint by an affected person, after reasonable notice and hearing, finds that the existing rates ...
• Texas Utilities Code Section 53.152 - Investigating Costs Of Obtaining Service From Another Source
  If a public utility does not produce or generate the service that it distributes, transmits, or furnishes to the public for compensation but obtains the ...
• Texas Utilities Code Section 53.201 - Automatic Adjustment For Change In Costs Prohibited
  The commission may not establish a rate or tariff that authorizes a utility to automatically adjust and pass through to the utility's customers a change ...
• Texas Utilities Code Section 53.202 - Adjustment For Change In Tax Liability
  (a) The commission, on its own motion or on the petition of a utility, shall provide for the adjustment of the utility's billing to reflect ...
• Texas Utilities Code Section 53.251 - General Policy
  Regulatory policy should recognize that: (1) there are differences between small and large incumbent local exchange companies; (2) there are a large number of customer-owned ...
• Texas Utilities Code Section 53.252 - Adoption Of Certain Policies
  Notwithstanding any other provision of this title, the commission shall consider and may adopt policies to: (1) provide for evaluation of the overall reasonableness of ...
• Texas Utilities Code Section 53.301 - Definition
  (a) In this subchapter, "minor change" means a change, including the restructuring of rates of existing services, that: (1) decreases the rates or revenues of ...
• Texas Utilities Code Section 53.302 - Applicability
  This subchapter does not apply to an incumbent local exchange company that is a cooperative corporation partially deregulated under Subchapter H. Acts 1997, 75th Leg., ...
• Texas Utilities Code Section 53.303 - Provisions Not Exclusive
  This subchapter does not prohibit: (1) an incumbent local exchange company from filing for a new service or rate change under another section of this ...
• Texas Utilities Code Section 53.304 - Procedure To Offer Certain Services Or Make Minor Changes
  (a) An incumbent local exchange company may offer an extended local calling service or a new service on an optional basis or make a minor ...
• Texas Utilities Code Section 53.305 - Notice To Affected Customers
  (a) A company shall provide notice of a proposed change to affected customers in the manner prescribed by the commission. (b) Notice must: (1) be ...
• Texas Utilities Code Section 53.306 - Commission Review Of Proposed Change
  (a) The commission shall review a proposed change filed under this subchapter if: (1) the commission receives complaints relating to the proposed change signed by ...
• Texas Utilities Code Section 53.307 - Compliance With Principles; Reduced Rates
  A rate established under this subchapter must be in accordance with the rate-setting principles of this chapter, except that a company may provide to its ...
• Texas Utilities Code Section 53.308 - Fees And Assessments
  The commission may prescribe and collect a fee or assessment from incumbent local exchange companies necessary to recover the cost to the commission and to ...
• Texas Utilities Code Section 53.351 - Provisions Not Exclusive
  (a) This subchapter does not: (1) prohibit a cooperative from filing for a new service or a rate change under another applicable provision of this ...
• Texas Utilities Code Section 53.352 - Partial Deregulation By Ballot
  (a) An incumbent local exchange company that is a cooperative corporation may vote to partially deregulate the cooperative by sending a ballot to each cooperative ...
• Texas Utilities Code Section 53.353 - Voting Procedures
  The commission by rule shall prescribe the voting procedures a cooperative must use under this subchapter. Acts 1997, 75th Leg., ch. 166, § 1, eff. ...
• Texas Utilities Code Section 53.354 - Procedure To Offer Certain Services Or Make Certain Changes
  After the initial balloting, a cooperative may offer extended local calling services, offer new services on an optional basis, or make changes in its rates ...
• Texas Utilities Code Section 53.355 - Statement Of Intent
  (a) A cooperative must file a statement of intent to use this subchapter with the commission and the office not later than the 61st day ...
• Texas Utilities Code Section 53.356 - Notice To Affected Persons
  (a) The cooperative shall provide to each affected customer or party, including a municipality, at least two notices of the proposed action by bill insert ...
• Texas Utilities Code Section 53.357 - Filing Of Affidavits Verifying Notice
  Not later than the 15th day before the effective date of a proposed action, the cooperative shall file with the commission affidavits that verify that ...
• Texas Utilities Code Section 53.358 - Commission Review Of Proposed Action
  (a) The commission shall review a proposed action filed under this subchapter if: (1) the commission receives, not later than the 45th day after the ...
• Texas Utilities Code Section 53.359 - Reversal Of Deregulation By Ballot
  (a) A cooperative that is partially deregulated under this subchapter may vote to reverse the deregulation by sending a ballot to each cooperative member. (b) ...
• Texas Utilities Code Section 54.001 - Certificate Required
  A person may not provide local exchange telephone service, basic local telecommunications service, or switched access service unless the person obtains a: (1) certificate of ...
• Texas Utilities Code Section 54.002 - Exceptions To Certificate Requirement For Service Extension
  (a) A telecommunications utility is not required to obtain a certificate of convenience and necessity, a certificate of operating authority, or a service provider certificate ...
• Texas Utilities Code Section 54.003 - Exceptions To Certificate Requirement For Certain Services
  A telecommunications utility is not required to obtain a certificate of convenience and necessity, a certificate of operating authority, or a service provider certificate of ...
• Texas Utilities Code Section 54.004 - Relinquishment Plan
  A holder of a service provider certificate of operating authority who applies for a certificate of operating authority or a certificate of convenience and necessity ...
• Texas Utilities Code Section 54.005 - Notice Of And Hearing On Application
  (a) When an application for a certificate of convenience and necessity, a certificate of operating authority, or a service provider certificate of operating authority is ...
• Texas Utilities Code Section 54.006 - Request For Preliminary Order
  (a) A telecommunications utility that wants to exercise a right or privilege under a franchise or permit that the utility anticipates obtaining but has not ...
• Texas Utilities Code Section 54.007 - Flexibility Plan
  (a) After the commission grants an application for a certificate of convenience and necessity, a certificate of operating authority, or a service provider certificate of ...
• Texas Utilities Code Section 54.008 - Revocation Or Amendment Of Certificate
  (a) The commission may revoke or amend a certificate of convenience and necessity, a certificate of operating authority or a service provider certificate of operating ...
• Texas Utilities Code Section 54.051 - Definition
  In this subchapter, "certificate" means a certificate of convenience and necessity. Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. ...
• Texas Utilities Code Section 54.052 - Certificate Required For Public Utility
  (a) A public utility may not directly or indirectly provide service to the public under a franchise or permit unless the utility first obtains from ...
• Texas Utilities Code Section 54.053 - Application For Certificate
  (a) A public utility that wants to obtain or amend a certificate must submit an application to the commission. (b) The applicant shall file with ...
• Texas Utilities Code Section 54.054 - Grant Or Denial Of Certificate
  (a) The commission may approve an application and grant a certificate only if the commission finds that the certificate is necessary for the service, accommodation, ...
• Texas Utilities Code Section 54.101 - Definition
  In this subchapter, "certificate" means a certificate of operating authority. Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. Amended by Acts ...
• Texas Utilities Code Section 54.102 - Application For Certificate
  (a) A person may apply for a certificate of operating authority. (b) The applicant must file with the application a sworn statement that the applicant ...
• Texas Utilities Code Section 54.103 - Grant Or Denial Of Certificate
  (a) The commission must grant or deny a certificate not later than the 60th day after the date the application for the certificate is filed. ...
• Texas Utilities Code Section 54.104 - Time Of Service Requirements
  (a) The commission by rule may prescribe the period within which a certificate holder must be able to serve customers. (b) Notwithstanding Subsection (a), a ...
• Texas Utilities Code Section 54.105 - Penalty For Violation Of Title
  If a certificate holder fails to comply with a requirement of this title, the commission may: (1) revoke the holder's certificate; (2) impose against the ...
• Texas Utilities Code Section 54.151 - Definition
  In this subchapter, "certificate" means a service provider certificate of operating authority. Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. ...
• Texas Utilities Code Section 54.152 - Limitation On Grant Of Certificate
  The commission may not grant a certificate to a holder of a: (1) certificate of convenience and necessity for the same territory; or (2) certificate ...
• Texas Utilities Code Section 54.153 - Eligibility For Certificate
  (a) A company is not eligible to obtain a certificate under this subchapter if the company, together with affiliates, had more than six percent of ...
• Texas Utilities Code Section 54.154 - Application For Certificate
  (a) The commission may grant a certificate to encourage an innovative, competitive, and entrepreneurial business to provide telecommunications services. (b) An applicant for a certificate ...
• Texas Utilities Code Section 54.155 - Grant Or Denial Of Certificate
  (a) The commission must grant or deny a certificate not later than the 60th day after the date the application for the certificate is filed. ...
• Texas Utilities Code Section 54.156 - Resale Of Services
  (a) A certificate holder may obtain services under the resale tariffs approved by the commission under Subchapter C, Chapter 60, except in a certificated area ...
• Texas Utilities Code Section 54.157 - Optional Extended Area Service Or Expanded Local Calling Service
  (a) A certificate holder may purchase for resale: (1) optional extended area service; and (2) expanded local calling service. (b) The purchase of optional extended ...
• Texas Utilities Code Section 54.158 - Interference With Resold Services Prohibited
  An incumbent local exchange company may not: (1) delay providing or maintaining a service provided under this subchapter; (2) degrade the quality of access the ...
• Texas Utilities Code Section 54.159 - Retention Of Access Service And Intralata Toll Service
  An incumbent local exchange company that sells flat rate local exchange telephone service to a certificate holder may retain all access service and "1-plus" intraLATA ...
• Texas Utilities Code Section 54.201 - Certification Prohibited
  The commission may not grant to a municipality a: (1) certificate of convenience and necessity; (2) certificate of operating authority; or (3) service provider certificate ...
• Texas Utilities Code Section 54.202 - Prohibited Municipal Services
  (a) A municipality or municipal electric system may not offer for sale to the public: (1) a service for which a certificate of convenience and ...
• Texas Utilities Code Section 54.2025 - Lease Of Fiber Optic Cable Facilities
  Nothing in this subchapter shall prevent a municipality, or a municipal electric system that is a member of a municipal power agency formed under Chapter ...
• Texas Utilities Code Section 54.203 - Service In Annexed Or Incorporated Area
  (a) If an area is or will be included within a municipality as the result of annexation, incorporation, or another reason, each telecommunications utility that ...
• Texas Utilities Code Section 54.204 - Discrimination By Municipality Prohibited
  (a) Notwithstanding Section 14.008, a municipality or a municipally owned utility may not discriminate against a certificated telecommunications provider regarding: (1) the authorization or placement ...
• Texas Utilities Code Section 54.205 - Municipality's Right To Control Access
  This title does not restrict a municipality's historical right to control and receive reasonable compensation for access to the municipality's public streets, alleys, or rights-of-way ...
• Texas Utilities Code Section 54.206 - Recovery Of Municipal Fee
  (a) A holder of a certificate of convenience and necessity, a certificate of operating authority, or a service provider certificate of operating authority has the ...
• Texas Utilities Code Section 54.251 - Provision Of Service
  (a) Except as provided by this section, Section 54.252, Section 54.253, and Section 54.254, a telecommunications utility that holds a certificate of convenience and necessity ...
• Texas Utilities Code Section 54.252 - Grounds For Reduction Of Service By Holder Of Certificate Of Convenience And Necessity
  (a) Except to the extent otherwise ordered by the commission in accordance with this subchapter, the holder of a certificate of convenience and necessity may ...
• Texas Utilities Code Section 54.253 - Discontinuation Of Service By Certain Certificate Holders
  (a) A telecommunications utility that holds a certificate of operating authority or a service provider certificate of operating authority may: (1) cease operations in the ...
• Texas Utilities Code Section 54.254 - Required Refusal Of Service
  A holder of a certificate of convenience and necessity, a certificate of operating authority, or a service provider certificate of operating authority shall refuse to ...
• Texas Utilities Code Section 54.255 - Transfer Of Certain Certificates
  (a) A telecommunications utility may sell, assign, or lease a certificate of convenience and necessity or a certificate of operating authority or a right obtained ...
• Texas Utilities Code Section 54.256 - Application Of Contracts
  A contract approved by the commission between telecommunications utilities that designates areas and customers to be served by the utilities: (1) is valid and enforceable; ...
• Texas Utilities Code Section 54.257 - Interference With Another Telecommunications Utility
  If a telecommunications utility constructing or extending the utility's lines, plant, or system interferes or attempts to interfere with the operation of a line, plant, ...
• Texas Utilities Code Section 54.258 - Maps
  A public utility shall file with the commission one or more maps that show each utility facility and that separately illustrate each utility facility for ...
• Texas Utilities Code Section 54.259 - Discrimination By Property Owner Prohibited
  (a) If a telecommunications utility holds a consent, franchise, or permit as determined to be the appropriate grants of authority by the municipality and holds ...
• Texas Utilities Code Section 54.260 - Property Owner's Conditions
  (a) Notwithstanding Section 54.259, if a telecommunications utility holds a municipal consent, franchise, or permit as determined to be the appropriate grant of authority by ...
• Texas Utilities Code Section 54.261 - Shared Tenant Services Contract
  Sections 54.259 and 54.260 do not require a public or private property owner to enter into a contract with a telecommunications utility to provide shared ...
• Texas Utilities Code Section 54.301 - Definitions
  In this subchapter: (1) "Exiting utility" means a telecommunications utility that: (A) holds a certificate of operating authority or a service provider certificate of operating ...
• Texas Utilities Code Section 54.3015 - Applicability Of Subchapter
  This subchapter applies to a holder of a certificate of operating authority issued under Chapter 65 in the same manner and to the same extent ...
• Texas Utilities Code Section 54.302 - Provider Of Last Resort; Facilities-Based Providers
  (a) Notwithstanding any other provision of this title, if a telecommunications utility installs facilities to serve customers located in a defined geographic area to provide ...
• Texas Utilities Code Section 54.303 - Successor Telecommunications Utility When No Sufficient Facilities Exist
  (a) When the commission obtains notice as required under Section 54.253 or otherwise that a utility intends to become an exiting utility and no other ...
• Texas Utilities Code Section 54.304 - Abandonment Or Cessation By Facilities-Based Provider; Emergency Restoration
  (a) The commission, on its own motion or on the petition of an interested party, may institute an expedited proceeding under this section if the ...
• Texas Utilities Code Section 54.305 - Commission Participation In Bankruptcy Proceedings
  (a) The commission, on written notice that a certificated telecommunications utility has filed a petition in bankruptcy or is the subject of an involuntary petition ...
• Texas Utilities Code Section 55.001 - General Standard
  A public utility shall furnish service, instrumentalities, and facilities that are safe, adequate, efficient, and reasonable. Acts 1997, 75th Leg., ch. 166, § 1, eff. ...
• Texas Utilities Code Section 55.002 - Commission Authority Concerning Standards
  The commission, on its own motion or on complaint and after reasonable notice and hearing, may: (1) adopt just and reasonable standards, classifications, rules, or ...
• Texas Utilities Code Section 55.003 - Rule Or Standard
  (a) A public utility may not impose a rule except as provided by this title. (b) A public utility may file with the commission a ...
• Texas Utilities Code Section 55.004 - Local Exchange Company Rule Or Practice Change
  (a) To make a change in an incumbent local exchange company's tariffed rules or practices that does not affect the company's charges or rates, the ...
• Texas Utilities Code Section 55.005 - Unreasonable Preference Or Prejudice Concerning Service Prohibited
  In providing a service to persons in a classification, a public utility may not: (1) grant an unreasonable preference or advantage to a person in ...
• Texas Utilities Code Section 55.006 - Discrimination And Restriction On Competition
  A public utility may not: (1) discriminate against a person who sells or leases equipment or performs services in competition with the public utility; or ...
• Texas Utilities Code Section 55.007 - Minimum Services
  (a) The commission shall require a holder of a certificate of convenience and necessity or a certificate of operating authority to provide at the applicable ...
• Texas Utilities Code Section 55.008 - Improvements In Service; Interconnecting Service
  The commission, after notice and hearing, may: (1) order a public utility to provide specified improvements in its service in a specified area if: (A) ...
• Texas Utilities Code Section 55.009 - Intralata Calls
  (a) If federal law prohibits a local exchange company in this state from providing interLATA telecommunications services, the local exchange companies in this state designated ...
• Texas Utilities Code Section 55.010 - Billing For Service To The State
  A telecommunications utility providing service to the state, including service to an agency in any branch of state government, may not impose a fee, a ...
• Texas Utilities Code Section 55.011 - Notice Of Identity Of Interexchange Carrier
  (a) A local exchange company shall print on the first page of each bill sent to a customer of the local exchange company the name ...
• Texas Utilities Code Section 55.012 - Limitations On Discontinuance Of Basic Local Telecommunications Service
  (a) A provider of basic local telecommunications service may not discontinue that service because of nonpayment by a residential customer of charges for long distance ...
• Texas Utilities Code Section 55.013 - Limitations On Discontinuance Of Basic Local Telecommunications Service
  (a) A provider of basic local telecommunications service may not discontinue that service because of nonpayment by a residential customer of charges for long distance ...
• Texas Utilities Code Section 55.014 - Provision Of Advanced Telecommunications Services
  (a) In this section, "advanced service" means any telecommunications service other than residential or business basic local exchange telephone service, caller identification service, and customer ...
• Texas Utilities Code Section 55.015 - Lifeline Service
  (a) The commission shall adopt rules prohibiting a certificated provider of local exchange telephone service from discontinuing basic network services listed in Section 58. 051 ...
• Texas Utilities Code Section 55.016 - Telecommunications Billing
  (a) The proliferation of charges for separate services, products, surcharges, fees, and taxes on a bill for telecommunications products or services has increased the complexity ...
• Texas Utilities Code Section 55.017 - Identification Required
  (a) A representative of a telecommunications provider or a video or cable service provider that has an easement in or a right-of-way over or through ...
• Texas Utilities Code Section 55.021 - Extended Area Service
  After notice and a hearing, the commission may order one or more local exchange companies that are dominant carriers to provide: (1) mandatory extended area ...
• Texas Utilities Code Section 55.022 - Mandatory Service
  The commission may order mandatory extended area service in a specified metropolitan area if: (1) there is a sufficient community of interest in the area; ...
• Texas Utilities Code Section 55.023 - Optional Extended Area Service
  (a) The commission may order optional extended area service in a specified calling area if: (1) each affected company and the representatives of at least ...
• Texas Utilities Code Section 55.024 - Charge For Extended Area Service
  (a) An incumbent local exchange company that provides mandatory two-way extended area service to customers shall impose for that service a separately stated monthly charge ...
• Texas Utilities Code Section 55.025 - Hunting Service
  (a) A local exchange company shall make available, at a reasonable tariffed rate, hunting service from local exchange lines to extended metropolitan service lines. (b) ...
• Texas Utilities Code Section 55.041 - Definitions
  In this subchapter, "metropolitan exchange," "local calling area of a metropolitan exchange," and "exchange" have the meanings and boundaries assigned by the commission on September ...
• Texas Utilities Code Section 55.042 - Contiguous Exchange
  The commission may expand a toll-free local calling area into an exchange that is not in a metropolitan exchange but is in a local calling ...
• Texas Utilities Code Section 55.043 - Splitting Exchanges Prohibited
  Notwithstanding any other provision of this subchapter, the commission may not split a petitioning or requested exchange in establishing a toll-free local calling area. Acts ...
• Texas Utilities Code Section 55.044 - Exemption
  (a) The commission may not require an incumbent local exchange company serving the petitioning or requested exchange to expand the company's toll-free local calling area ...
• Texas Utilities Code Section 55.045 - Eligibility To Petition
  The telephone subscribers of an incumbent local exchange company exchange that serves not more than 10,000 access lines may petition the commission for expansion of ...
• Texas Utilities Code Section 55.046 - Petition Requirements
  (a) A petition under this subchapter must be signed by a number of the exchange's subscribers equal at least to the lesser of 100 of ...
• Texas Utilities Code Section 55.047 - Balloting And Consideration
  (a) If the commission receives a petition that complies with this subchapter, the commission shall order the incumbent local exchange company to provide ballots to ...
• Texas Utilities Code Section 55.048 - Charges
  (a) The incumbent local exchange company shall recover all costs incurred and all loss of revenue from an expansion of a toll-free local calling area ...
• Texas Utilities Code Section 55.081 - Definition
  In this subchapter, "operator service" means a service using live operator or automated operator functions to handle telephone service such as toll calling using collect, ...
• Texas Utilities Code Section 55.082 - Applicability
  Except as provided by Section 55.088, this subchapter applies only to a telecommunications utility that is not a dominant carrier. Acts 1997, 75th Leg., ch. ...
• Texas Utilities Code Section 55.083 - Rules And Procedures
  (a) The commission may adopt rules and establish procedures to enforce and implement this subchapter. (b) A rule adopted under this subchapter must be nondiscriminatory ...
• Texas Utilities Code Section 55.084 - Information Displayed On Public Use Telephone
  (a) An operator service provider shall furnish each entity with which it contracts to provide operator service a sticker, card, or other form of information ...
• Texas Utilities Code Section 55.085 - Connection Announcement
  Before connecting a call, the operator service provider shall: (1) announce the provider's name; and (2) at the caller's request, quote the rate and any ...
• Texas Utilities Code Section 55.086 - Information Required On Access To Local Exchange Company Operator
  (a) An operator service provider, on a caller's request, shall inform the caller of the method of access to the local exchange carrier operator serving ...
• Texas Utilities Code Section 55.087 - Access To Local Exchange Company And Other Utilities Required
  (a) The commission by rule shall require an operator service provider to include in its contract with each entity through which it provides operator service ...
• Texas Utilities Code Section 55.088 - Access To Live Operator Required
  (a) A dominant or nondominant telecommunications utility that provides operator service shall ensure that a caller has access to a live operator at the beginning ...
• Texas Utilities Code Section 55.089 - Commission May Investigate And Act On Violation
  (a) If the commission determines that an operator service provider has violated or is about to violate this subchapter, the commission, after notice and evidentiary ...
• Texas Utilities Code Section 55.101 - Definitions
  In this subchapter: (1) "Caller identification information" means any information that may be used to identify the specific originating number or originating location of a ...
• Texas Utilities Code Section 55.102 - Applicability
  (a) This subchapter applies only to the provision of caller identification service. (b) This subchapter does not apply to: (1) an identification service that is ...
• Texas Utilities Code Section 55.103 - Provision Of Service
  (a) A telecommunications utility may offer caller identification services under this subchapter only if the utility obtains written authorization from the commission. (b) A commercial ...
• Texas Utilities Code Section 55.104 - Use Of Information
  (a) A person may not use a caller identification service to compile and sell specific local call information without the affirmative approval of the originating ...
• Texas Utilities Code Section 55.105 - Per-Call Blocking
  Except as provided by Section 55.1065, the commission shall require that a provider of caller identification service offer free per-call blocking to each telephone subscriber ...
• Texas Utilities Code Section 55.106 - Per-Line Blocking
  (a) Except as provided by Section 55.1065, the commission shall require that a provider of caller identification service offer free per-line blocking to a particular ...
• Texas Utilities Code Section 55.107 - Limitation On Commission Authority
  The commission may prescribe in relation to blocking only a requirement authorized by Sections 55.105, 55.106, and 55.1065. Acts 1997, 75th Leg., ch. 166, § ...
• Texas Utilities Code Section 55.109 - Implementation Of Panel Recommendations
  The commission may implement the recommendations of the Caller ID Consumer Education Panel and interested parties to the extent consistent with the public interest. Acts ...
• Texas Utilities Code Section 55.110 - Report Of Blocking Failure
  (a) A provider of caller ID services who becomes aware of the failure of per-call or per-line blocking to block identification of a customer shall ...
• Texas Utilities Code Section 55.121 - Definition
  In this subchapter, "automated dial announcing device" means automated equipment used for telephone solicitation or collection that can: (1) store telephone numbers to be called ...
• Texas Utilities Code Section 55.122 - Exemptions
  This subchapter does not apply to the use of an automated dial announcing device: (1) to make a call relating to an emergency or a ...
• Texas Utilities Code Section 55.123 - Notice Of Use Of Device To Telecommunications Utility
  A person may not use an automated dial announcing device to make a telephone call in which the device plays a recorded message when the ...
• Texas Utilities Code Section 55.124 - Random Or Sequential Number Calling
  A person may not use an automated dial announcing device for random number dialing or to dial numbers determined by successively increasing or decreasing integers ...
• Texas Utilities Code Section 55.125 - Hours When Use Prohibited
  (a) A person may not use an automated dial announcing device to make a telephone solicitation call terminating in this state in which the device ...
• Texas Utilities Code Section 55.126 - Device Disconnection
  A person may not use an automated dial announcing device to make a telephone call in which the device plays a recorded message when the ...
• Texas Utilities Code Section 55.127 - Contents Of Recorded Message
  (a) A person may not use an automated dial announcing device to make a telephone call in which the device plays a recorded message when ...
• Texas Utilities Code Section 55.128 - Duration Of Recorded Message
  A person may not use an automated dial announcing device to make for solicitation purposes a telephone call in which the device plays a recorded ...
• Texas Utilities Code Section 55.129 - Permit Required
  A person may not use an automated dial announcing device to make a telephone call in which the device plays a recorded message when the ...
• Texas Utilities Code Section 55.130 - Permit
  (a) A person may not use an automated dial announcing device without a permit issued by the commission. (b) An applicant for an original permit ...
• Texas Utilities Code Section 55.131 - Permit Fee
  (a) The commission shall prescribe a fee for an original permit or renewal of a permit. (b) The amount of the original permit fee must ...
• Texas Utilities Code Section 55.132 - Notification Of Change
  (a) The owner or operator of an automated dial announcing device shall notify the commission if the telephone number of the device or the physical ...
• Texas Utilities Code Section 55.133 - Notification Of Local Exchange Company
  The commission shall provide to a local exchange company on request a copy of a permit issued under this subchapter and of any change relating ...
• Texas Utilities Code Section 55.134 - Complaints And Enforcement
  (a) The commission shall: (1) investigate complaints relating to the use of an automated dial announcing device; and (2) enforce this subchapter. (b) A local ...
• Texas Utilities Code Section 55.135 - Revocation Of Permit
  The commission may revoke a person's permit if the person fails to comply with this subchapter. Acts 1997, 75th Leg., ch. 166, § 1, eff. ...
• Texas Utilities Code Section 55.136 - Disconnection Of Service
  (a) If the commission or a court determines that a person has violated this subchapter, the commission or court shall require a telecommunications utility to ...
• Texas Utilities Code Section 55.137 - Administrative Penalty
  (a) The commission may impose an administrative penalty against a person who owns or operates an automated dial announcing device in violation of this subchapter ...
• Texas Utilities Code Section 55.138 - Criminal Penalty
  (a) A person commits an offense if the person owns or operates an automated dial announcing device that the person knows is operating in violation ...
• Texas Utilities Code Section 55.171 - Definition
  In this subchapter, "provider" means an entity that provides pay telephone service, including: (1) an incumbent local exchange company; and (2) a subscriber to a ...
• Texas Utilities Code Section 55.172 - Limitation
  This subchapter prescribes the limits of: (1) the right of a provider to set the provider's rates and charges for pay telephone services; and (2) ...
• Texas Utilities Code Section 55.173 - Registration
  (a) A person may not provide pay telephone service in this state unless the person is registered with the commission. (b) This section does not ...
• Texas Utilities Code Section 55.1735 - Charge For Pay Phone Access Line
  The charge or surcharge a local exchange company imposes for an access line used to provide pay telephone service in an exchange may not exceed ...
• Texas Utilities Code Section 55.174 - Prohibition On Charge For Certain Calls
  A provider may not charge a person making a call on a pay telephone for: (1) local directory assistance; or (2) a call made under ...
• Texas Utilities Code Section 55.175 - Charge For Local Calls
  (a) The commission shall establish the limit on the amount a provider may charge for a pay telephone coin sent-paid call in the local exchange ...
• Texas Utilities Code Section 55.176 - Charge For 800-Type Calls
  (a) A provider may charge at a pay telephone a fee of not more than 25 cents for initiating an 800-type call. (b) A provider ...
• Texas Utilities Code Section 55.177 - Charge For Credit Card, Calling Card, Or Operator-Assisted Calls
  (a) A provider may not impose for a credit card, calling card, or live or automated operator-assisted call a rate or charge that is greater ...
• Texas Utilities Code Section 55.178 - Notice Of Inability To Receive Calls
  (a) A provider may not display the telephone number of a pay telephone that cannot receive telephone calls. (b) A provider shall place in a ...
• Texas Utilities Code Section 55.179 - Information Requirements
  (a) The commission by rule may prescribe the information that must be posted on a pay telephone. (b) A commission rule may not require a ...
• Texas Utilities Code Section 55.180 - Violations
  The commission may order the disconnection of pay telephone service for not more than one year for repeat violations of commission rules. Acts 1997, 75th ...
• Texas Utilities Code Section 55.201 - Terms Of Directory Listings And Assistance
  (a) Each company that provides local exchange telephone service in overlapping certificated areas shall negotiate the terms of printed directory listings and directory assistance in ...
• Texas Utilities Code Section 55.202 - Directory Published By Telecommunications Utility
  A telecommunications utility or an affiliate of that utility that publishes a residential or business telephone directory that is distributed to the public shall publish ...
• Texas Utilities Code Section 55.203 - Directory Published By Private Publisher
  (a) A private for-profit publisher of a residential telephone directory that is distributed to the public at minimal or no cost shall include in the ...
• Texas Utilities Code Section 55.251 - Charge For Hotel Or Motel Call
  A hotel or motel may not charge more than 50 cents for: (1) a local telephone call; (2) a credit card telephone call; (3) a ...
• Texas Utilities Code Section 55.252 - 900 Service Used By Probationers Or Parolees
  (a) This section applies only to a telecommunications utility that transports or provides an intrastate 900 service that is: (1) covered by a contract authorized ...
• Texas Utilities Code Section 55.253 - Telephone Prepaid Calling Services
  (a) In this section: (1) "Prepaid calling card company" means a company that provides a prepaid calling service to the public using its own network ...
• Texas Utilities Code Section 55.301 - State Policy
  It is the policy of this state to ensure that all customers are protected from the unauthorized switching of a telecommunications utility selected by the ...
• Texas Utilities Code Section 55.302 - Commission Rules
  (a) The commission shall adopt nondiscriminatory and competitively neutral rules to implement this subchapter, including rules that: (1) ensure that customers are protected from deceptive ...
• Texas Utilities Code Section 55.303 - Verification Of Change
  A telecommunications utility may verify a change order by: (1) obtaining written authorization from the customer; (2) obtaining a toll-free electronic authorization placed from the ...
• Texas Utilities Code Section 55.304 - Unauthorized Change
  (a) If a change in the selection of a customer's telecommunications utility is not made or verified in accordance with this subchapter, the change, on ...
• Texas Utilities Code Section 55.305 - Corrective Action And Penalties
  (a) If the commission finds that a telecommunications utility has repeatedly violated the commission's telecommunications utility selection rules, the commission shall order the utility to ...
• Texas Utilities Code Section 55.306 - Repeated And Reckless Violation
  If the commission finds that a telecommunications utility has repeatedly and recklessly violated the commission's telecommunications utility selection rules, the commission may, if consistent with ...
• Texas Utilities Code Section 55.307 - Deceptive Or Fraudulent Practice
  The commission may prohibit a utility from engaging in a deceptive or fraudulent practice, including a marketing practice, involving the selection of a customer's telecommunications ...
• Texas Utilities Code Section 55.308 - Consistency With Federal Law
  Notwithstanding any other provision of this subchapter, rules adopted by the commission under this subchapter shall be consistent with applicable federal laws and rules. Added ...
• Texas Utilities Code Section 56.001 - Definitions
  In this chapter: (1) "Department" means the Texas Department of Human Services. (2) "Designated provider" means a telecommunications provider designated by the commission to provide ...
• Texas Utilities Code Section 56.002 - Conflict Of Provisions
  If this chapter conflicts with another provision of this title, this chapter prevails. Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. ...
• Texas Utilities Code Section 56.021 - Universal Service Fund Established
  The commission shall adopt and enforce rules requiring local exchange companies to establish a universal service fund to: (1) assist telecommunications providers in providing basic ...
• Texas Utilities Code Section 56.022 - Uniform Charge
  (a) The universal service fund is funded by a statewide uniform charge payable by each telecommunications provider that has access to the customer base. (b) ...
• Texas Utilities Code Section 56.023 - Commission Powers And Duties
  (a) The commission shall: (1) in a manner that assures reasonable rates for basic local telecommunications service, adopt eligibility criteria and review procedures, including a ...
• Texas Utilities Code Section 56.024 - Reports; Confidentiality
  (a) The commission may require a telecommunications provider to provide a report or information necessary to assess contributions and disbursements to the universal service fund. ...
• Texas Utilities Code Section 56.025 - Maintenance Of Rates And Expansion Of Fund For Certain Companies
  (a) In addition to the authority provided by Section 56.021, for each local exchange company that serves fewer than 31,000 access lines and each cooperative, ...
• Texas Utilities Code Section 56.026 - Universal Service Fund Disbursements
  (a) A revenue requirement showing is not required for a disbursement from the universal service fund under this subchapter. (b) The commission shall make each ...
• Texas Utilities Code Section 56.028 - Universal Service Fund Reimbursement For Certain Intralata Service
  On request of an incumbent local exchange company that is not an electing company under Chapters 58 and 59, the commission shall provide reimbursement through ...
• Texas Utilities Code Section 56.029 - Universal Service Fund Study; Attestation Requirement
  Text of section effective until Sept. 1, 2007 (a) The commission shall conduct a review and evaluation of whether the universal service fund accomplishes ...
• Texas Utilities Code Section 56.030 - Affidavits Of Compliance
  On or before September 1 of each year, a telecommunications provider that receives disbursements from the universal service fund shall file with the commission an ...
• Texas Utilities Code Section 56.031 - Adjustments
  The commission may revise the monthly per line support amounts to be made available from the Texas High Cost Universal Service Plan and from the ...
• Texas Utilities Code Section 56.032 - Commission Review And Evaluation Of Distance Learning Discounts And Private Network Services For Certain Entities
  Text of section effective until Sept. 1, 2007 (a) On or before October 1, 2005, the commission shall initiate a study for the purpose of ...
• Texas Utilities Code Section 56.101 - Purpose
  The purpose of this subchapter is to provide for the uniform and coordinated provision by one telecommunications carrier of a statewide telecommunications relay access service ...
• Texas Utilities Code Section 56.102 - Telecommunications Relay Access Service
  (a) The commission shall adopt and enforce rules establishing a statewide telecommunications relay access service for the use of a person with an impairment of ...
• Texas Utilities Code Section 56.103 - Telecommunications Relay Access Service Requirements
  (a) The telecommunications relay access service shall provide a person with an impairment of hearing or speech with access to the telecommunications network in this ...
• Texas Utilities Code Section 56.104 - Telecommunications Relay Access Service Charges
  (a) For a call made using the telecommunications relay access service, the person calling or called: (1) may not be charged for a call that ...
• Texas Utilities Code Section 56.105 - Trial Service Costs And Design Information
  If the commission orders a local exchange company to provide for a trial telecommunications relay access service for persons with an impairment of hearing or ...
• Texas Utilities Code Section 56.106 - Telecommunications Relay Access Service Assessments
  (a) The commission shall set appropriate assessments for all telecommunications utilities to fund the telecommunications relay access service. (b) In setting an assessment, the commission ...
• Texas Utilities Code Section 56.107 - Universal Service Fund Surcharge
  (a) A telecommunications utility may recover the utility's universal service fund assessment for the telecommunications relay access service through a surcharge added to the utility ...
• Texas Utilities Code Section 56.108 - Selection Of Telecommunications Relay Access Service Carrier
  (a) The commission shall select one telecommunications carrier to provide the statewide telecommunications relay access service. (b) The commission shall make a written award of ...
• Texas Utilities Code Section 56.1085 - Special Features For Relay Access Service
  (a) The commission may contract for a special feature for the state's telecommunications relay access service if the commission determines: (1) the feature will benefit ...
• Texas Utilities Code Section 56.109 - Compensation Of Carrier
  (a) The telecommunications carrier selected to provide the telecommunications relay access service under Section 56.108 or the carrier selected to provide a special feature for ...
• Texas Utilities Code Section 56.110 - Advisory Committee
  (a) An advisory committee to assist the commission in administering this subchapter is composed of the following persons appointed by the commission: (1) two persons ...
• Texas Utilities Code Section 56.111 - Advisory Committee Duties
  The advisory committee shall: (1) monitor the establishment, administration, and promotion of the statewide telecommunications relay access service; (2) advise the commission in pursuing a ...
• Texas Utilities Code Section 56.112 - Advisory Committee Support And Costs
  (a) The commission shall provide to the advisory committee: (1) clerical and staff support; and (2) a secretary to record committee meetings. (b) The costs ...
• Texas Utilities Code Section 56.113 - Advisory Committee Compensation And Expenses
  A member of the advisory committee serves without compensation but is entitled to reimbursement at rates established for state employees for travel and per diem ...
• Texas Utilities Code Section 56.151 - Specialized Telecommunications Assistance Program
  The commission and the Texas Commission for the Deaf and Hard of Hearing by rule shall establish a specialized telecommunications assistance program to provide financial ...
• Texas Utilities Code Section 56.152 - Eligibility
  The Texas Commission for the Deaf and Hard of Hearing by rule shall prescribe eligibility standards for individuals, including deaf individuals and individuals who have ...
• Texas Utilities Code Section 56.153 - Vouchers
  (a) The Texas Commission for the Deaf and Hard of Hearing shall determine a reasonable price for a basic specialized telecommunications device that permits, or ...
• Texas Utilities Code Section 56.154 - Commission Duties
  (a) Not later than the 45th day after the date the commission receives a voucher a telecommunications device distributor presents for payment or a voucher ...
• Texas Utilities Code Section 56.155 - Recovery Of Specialized Telecommunications Device Assistance Program Surcharge
  (a) The commission shall allow a telecommunications utility to recover the universal service fund assessment related to the specialized telecommunications assistance program through a surcharge ...
• Texas Utilities Code Section 56.156 - Promotion Of Program
  The Texas Commission for the Deaf and Hard of Hearing may promote the program established under this subchapter by means of participation in events, advertisements, ...
• Texas Utilities Code Section 56.201 - Definition
  In this subchapter, "permanent residential or business premises" means a premises that has permanent facilities for water, wastewater, and electricity. Added by Acts 2001, 77th ...
• Texas Utilities Code Section 56.202 - Designation Of Provider
  (a) Notwithstanding Section 54.001, the commission may designate a telecommunications provider under this section to provide voice-grade services to permanent residential or business premises that ...
• Texas Utilities Code Section 56.203 - Petition For Service
  Persons residing in permanent residential premises or owners of permanent residential or business premises that are not included within the certificated area of a holder ...
• Texas Utilities Code Section 56.204 - Contents Of Petition
  (a) A petition for designation of a service provider must: (1) state with reasonable particularity the locations of the permanent residential or business premises for ...
• Texas Utilities Code Section 56.205 - Hearing
  If the commission finds that the petition complies with Section 56.204, the commission shall hold an evidentiary hearing to determine if a telecommunications provider is ...
• Texas Utilities Code Section 56.206 - Denial Of Petition
  The commission shall deny a petition if the commission determines that services cannot be extended to the petitioning premises at a reasonable cost. In making ...
• Texas Utilities Code Section 56.207 - Order
  In any order granting a petition, the commission shall: (1) approve the facilities to be deployed based on the estimated costs of deployment submitted in ...
• Texas Utilities Code Section 56.208 - Designation Of Provider
  (a) In determining which nominated telecommunications provider the commission will designate to provide service to the petitioning premises, the commission shall consider the relative estimated ...
• Texas Utilities Code Section 56.209 - Recovery Of Costs
  (a) If, after a hearing, the commission designates a telecommunications provider to serve the petitioning premises, the commission shall permit the designated provider to recover ...
• Texas Utilities Code Section 56.210 - Aid To Construction Charge; Contract For Services
  The commission shall establish a reasonable aid to construction charge, not to exceed $3,000, to be assessed each petitioner. The commission may not require a ...
• Texas Utilities Code Section 56.211 - Permanent Premises Required
  A telecommunications provider may not under any circumstances be required to extend service to a location that is not a permanent residential or business premises ...
• Texas Utilities Code Section 56.212 - Subsequent Related Petitions
  (a) If the commission approves a petition requesting service, residents of permanent residential premises or owners of permanent residential or business premises in reasonable proximity ...
• Texas Utilities Code Section 56.213 - Preferred Provider
  (a) A provider who is designated to serve petitioning premises located within an uncertificated area under this subchapter is the preferred provider for any permanent ...
• Texas Utilities Code Section 56.214 - Certificate Not Amended
  The designation of a provider to serve permanent residential or business premises within an uncertificated area under this subchapter does not have the effect of: ...
• Texas Utilities Code Section 56.251 - Definition
  In this subchapter, "successor utility" has the meaning assigned by Section 54.301. Added by Acts 2003, 78th Leg., ch. 76, § 7, eff. Sept. 1, ...
• Texas Utilities Code Section 56.252 - Telecommunications Utilities Eligible To Receive Funding Under This Subchapter
  A telecommunications utility may receive funding under this subchapter only if: (1) the telecommunications utility is eligible to receive universal service funding under Section 56.023(b); ...
• Texas Utilities Code Section 56.253 - Determination Of Successor Utility's Costs To Be Recovered
  (a) At the time the commission designates the successor utility under Section 54.303, the commission shall determine the extent to which the utility should recover ...
• Texas Utilities Code Section 56.254 - Recovery Of Costs
  The commission order designating the successor utility under Section 54.303 shall authorize the utility to recover the costs determined under Section 56.253. The costs may ...
• Texas Utilities Code Section 56.301 - Audio Newspaper Assistance Program
  The commission by rule shall establish a program to provide from the universal service fund financial assistance for a free telephone service for blind and ...
• Texas Utilities Code Section 57.001 - Conflict Of Provisions
  If this chapter conflicts with another provision of this title, this chapter prevails. Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. ...
• Texas Utilities Code Section 57.021 - Definitions
  In this subchapter: (1) "Distance learning" means an instruction, learning, or training resource, including video, data, voice, or electronic information, that is: (A) used by ...
• Texas Utilities Code Section 57.022 - Reduced Rates For Distance Learning Or Information Sharing Services
  (a) The commission by rule shall require a dominant carrier to file a tariff that includes a reduced rate for a telecommunications service the commission ...
• Texas Utilities Code Section 57.023 - Service And Rate Requirements
  The services and reduced rates must be designed to: (1) encourage the development and offering of: (A) distance learning activities by educational institutions; and (B) ...
• Texas Utilities Code Section 57.024 - Tariff Filings
  A tariff filed by a dominant carrier under Section 57.022: (1) may concern the implementation of this subchapter only; (2) is not a rate change ...
• Texas Utilities Code Section 57.025 - Changes In Rate Program
  (a) An educational institution, library, or dominant carrier may request the commission to: (1) provide for a reduced rate for a service that: (A) is ...
• Texas Utilities Code Section 57.041 - Findings And Policy
  (a) The legislature finds that commercial mobile service providers: (1) benefit from the public telecommunications network by the ability to originate and terminate calls that ...
• Texas Utilities Code Section 57.042 - Definitions
  In this subchapter: (1) "Ambulatory health care center" means a health care clinic or an association of such a clinic that is: (A) exempt from ...
• Texas Utilities Code Section 57.044 - Telecommunications Infrastructure Fund Board
  (a) The telecommunications infrastructure fund board consists of: (1) three members appointed by the governor; (2) three members appointed by the governor from a list ...
• Texas Utilities Code Section 57.045 - Powers And Duties Of Board
  (a) The board shall administer the fund and the two accounts in the fund. (b) The board shall prepare an annual report that: (1) details ...
• Texas Utilities Code Section 57.0455 - Master Plan For Infrastructure Development
  (a) The board shall adopt a master plan for infrastructure development. The plan must: (1) cover a five-year period; (2) be updated annually; and (3) ...
• Texas Utilities Code Section 57.046 - Use Of Accounts
  (a) The board shall use money in the public schools account to: (1) to the extent directed in the General Appropriations Act, fund the technology ...
• Texas Utilities Code Section 57.047 - Grant And Loan Program
  (a) The board may award a grant to a project or proposal that: (1) provides equipment and infrastructure necessary for: (A) distance learning; (B) an ...
• Texas Utilities Code Section 57.0471 - Grants To Certain Health Care Facilities
  (a) A physician, health care professional, or health care facility providing telemedicine medical services or telehealth services and participating in a pilot program under Section ...
• Texas Utilities Code Section 57.0475 - Eligibility For Grants To Health Care Facilities
  (a) The board may award a grant under Section 57.047(a)(1)(C) only to a health care facility that: (1) is a hospital or other entity, including ...
• Texas Utilities Code Section 57.048 - Assessments And Collections
  (a) An annual assessment is imposed on each telecommunications utility and each commercial mobile service provider doing business in this state. (b) The assessment is ...
• Texas Utilities Code Section 57.0485 - Allocation Of Revenue
  The comptroller shall deposit the money collected by the comptroller under Section 57.048 to the credit of the general revenue fund. Added by Acts 1999, ...
• Texas Utilities Code Section 57.049 - Issuance Of Warrants
  From money appropriated to the board, the comptroller shall issue warrants the board requests in accordance with the purposes of this subchapter, including warrants to ...
• Texas Utilities Code Section 57.050 - Assistance Of Other Agencies
  The following agencies, in consultation with the board, shall adopt policies and procedures that are designed to aid the board in achieving the purposes of ...
• Texas Utilities Code Section 57.051 - Sunset Provision
  The Telecommunications Infrastructure Fund is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, this subchapter ...
• Texas Utilities Code Section 57.071 - Definition
  In this subchapter, "interactive multimedia communications" means real-time, two-way, interactive voice, video, and data communications conducted over networks that link geographically dispersed locations. Acts 1997, ...
• Texas Utilities Code Section 57.072 - Rates For Interactive Multimedia Communications
  (a) The commission shall permit a local exchange company that provides an interactive multimedia communications service to establish, using sound ratemaking principles, rates necessary to ...
• Texas Utilities Code Section 58.001 - Policy
  Considering the status of competition in the telecommunications industry, it is the policy of this state to: (1) provide a framework for an orderly transition ...
• Texas Utilities Code Section 58.002 - Definition
  In this chapter, "electing company" means an incumbent local exchange company that elects to be subject to incentive regulation and to make the corresponding infrastructure ...
• Texas Utilities Code Section 58.003 - Customer-Specific Contracts
  (a) Notwithstanding any other provision of this chapter, but subject to Subsection (b), an electing company may not offer in an exchange a service, or ...
• Texas Utilities Code Section 58.004 - Packaging, Term And Volume Discounts, And Promotional Offerings
  (a) Notwithstanding any other provision of this chapter, an electing company that has more than five million access lines in this state may not offer ...
• Texas Utilities Code Section 58.021 - Election
  (a) An incumbent local exchange company may elect to be subject to incentive regulation and to make the corresponding infrastructure commitment under this chapter by ...
• Texas Utilities Code Section 58.022 - Chapter Controls
  This chapter governs the regulation of an electing company's telecommunications services regardless of whether the company is a dominant carrier. Acts 1997, 75th Leg., ch. ...
• Texas Utilities Code Section 58.023 - Service Classification
  On election, the services provided by an electing company are classified into two categories: (1) basic network services governed by Subchapter C; and (2) nonbasic ...
• Texas Utilities Code Section 58.024 - Service Reclassification
  (a) The commission may reclassify a basic network service as a nonbasic service. (b) The commission shall establish criteria for determining whether a service should ...
• Texas Utilities Code Section 58.025 - Complaint Or Hearing
  (a) An electing company is not, under any circumstances, subject to a complaint, hearing, or determination regarding the reasonableness of the company's: (1) rates; (2) ...
• Texas Utilities Code Section 58.026 - Consumer Complaints Regarding Tariffs
  (a) This chapter does not restrict: (1) a consumer's right to complain to the commission about the application of an ambiguous tariff; or (2) the ...
• Texas Utilities Code Section 58.027 - Consumer Complaints Regarding Services; Enforcement Of Standards
  This chapter does not restrict: (1) a consumer's right to complain to the commission about quality of service; or (2) the commission's right to enforce ...
• Texas Utilities Code Section 58.051 - Services Included
  (a) Unless reclassified under Section 58.024, the following services are basic network services: (1) flat rate residential local exchange telephone service, including primary directory listings ...
• Texas Utilities Code Section 58.052 - Regulation Of Services
  (a) Except as provided by Subchapter E, Chapter 52, basic network services of an electing company are regulated: (1) in accordance with this chapter; and ...
• Texas Utilities Code Section 58.053 - Investment Limitation On Service Standards
  (a) The commission may not raise a service standard applicable to the provision of local exchange telephone service by an electing company if the increased ...
• Texas Utilities Code Section 58.054 - Rates Capped
  (a) As a condition of election under this chapter, an electing company shall commit to not increasing a rate for a basic network service on ...
• Texas Utilities Code Section 58.055 - Rate Adjustment By Company
  (a) An electing company may increase a rate for a basic network service during the election period prescribed by Section 58.054 only: (1) with commission ...
• Texas Utilities Code Section 58.056 - Rate Adjustment For Changes In Fcc Separations
  The commission, on motion of the electing company or on its own motion, shall proportionally adjust rates for services to reflect changes in Federal Communications ...
• Texas Utilities Code Section 58.057 - Rate Adjustment For Certain Companies
  (a) An electing company, after the 42nd month after the date the company elects incentive regulation under this chapter, may file an application for a ...
• Texas Utilities Code Section 58.058 - Rate Group Reclassification
  Notwithstanding Subchapter B, the commission, on request of the electing company, shall allow a rate group reclassification that results from access line growth. Acts 1997, ...
• Texas Utilities Code Section 58.059 - Commission Rate Adjustment Procedure
  (a) In accordance with this section, an electing company may request and the commission may authorize a rate adjustment under Section 58.056, 58.057, or 58.058. ...
• Texas Utilities Code Section 58.060 - Rate Adjustment After Cap Expiration
  After the expiration of the period during which the rates for basic network services are capped as prescribed by Section 58.054, an electing company may ...
• Texas Utilities Code Section 58.061 - Effect On Certain Charges
  This subchapter does not affect a charge permitted under: (1) Section 55.024; (2) Subchapter C, Chapter 55; or (3) Subchapter B, Chapter 56. Acts 1997, ...
• Texas Utilities Code Section 58.063 - Pricing And Packaging Flexibility
  (a) Notwithstanding Section 58.052(b) or Subchapter F, Chapter 60, an electing company may exercise pricing flexibility for basic network services, including the packaging of basic ...
• Texas Utilities Code Section 58.151 - Services Included
  The following services are classified as nonbasic services: (1) flat rate business local exchange telephone service, including primary directory listings and the receipt of a ...
• Texas Utilities Code Section 58.152 - Prices
  (a) An electing company may set the price for any nonbasic service at any level above the lesser of the: (1) service's long run incremental ...
• Texas Utilities Code Section 58.153 - New Services
  (a) Subject to the pricing conditions prescribed by Section 58.152(a), an electing company may introduce a new service 10 days after providing an informational notice ...
• Texas Utilities Code Section 58.155 - Interconnection
  Because interconnection to competitive providers and interconnection for commercial mobile service providers are subject to the requirements of Sections 251 and 252, Communications Act of ...
• Texas Utilities Code Section 58.201 - Statement Of State Goal
  (a) It is the goal of this state to facilitate and promote the deployment of an advanced telecommunications infrastructure to spur economic development throughout this ...
• Texas Utilities Code Section 58.202 - Policy Goals For Implementation
  In implementing this subchapter, the commission shall consider this state's policy goals to: (1) ensure the availability of the widest possible range of competitive choices ...
• Texas Utilities Code Section 58.203 - Infrastructure Goals Of All Electing Companies
  (a) Recognizing that it will take time for competition to develop in the local exchange market, the commission shall, in the absence of competition, ensure ...
• Texas Utilities Code Section 58.204 - Additional Infrastructure Commitment Of Certain Companies
  (a) Not later than December 31, 1998, an electing company serving more than one million but fewer than five million access lines shall provide digital ...
• Texas Utilities Code Section 58.205 - Extension Or Waiver Of Infrastructure Requirements
  (a) For an electing company that serves more than one million but fewer than two million access lines, the commission may temporarily extend a deadline ...
• Texas Utilities Code Section 58.206 - Implementation Costs; Increase In Rates And Universal Service Funds
  The commission may not consider the cost of implementing Section 58.203 or 58.204 in determining whether an electing company is entitled to: (1) a rate ...
• Texas Utilities Code Section 58.251 - Intent And Goal Of Subchapter
  (a) It is the intent of this subchapter to establish a telecommunications infrastructure that interconnects the public entities described in this subchapter. The interconnection of ...
• Texas Utilities Code Section 58.252 - Definitions
  In this subchapter: (1) "Educational institution" has the meaning assigned by Section 57.021. (2) "Library" has the meaning assigned by Section 57.042. (3) "Private network ...
• Texas Utilities Code Section 58.253 - Private Network Services For Certain Entities
  (a) On customer request, an electing company shall provide private network services to: (1) an educational institution; (2) a library as defined in Section 57.042(6)(A) ...
• Texas Utilities Code Section 58.254 - Priorities
  An electing company shall give priority to serving: (1) rural areas; (2) areas designated as critically underserved either medically or educationally; and (3) educational institutions ...
• Texas Utilities Code Section 58.255 - Contracts For Private Network Services
  (a) An electing company shall provide a private network service under a customer specific contract. (b) An electing company shall offer private network service contracts ...
• Texas Utilities Code Section 58.256 - Preferred Rate Treatment Warranted
  An entity described by Section 58.253(a) warrants preferred rate treatment. However, a rate charged for a service must cover the service's long run incremental cost. ...
• Texas Utilities Code Section 58.257 - Election Of Rate Treatment
  An educational institution or a library may elect the rate treatment provided by this subchapter or the discount provided by Subchapter B, Chapter 57. Acts ...
• Texas Utilities Code Section 58.258 - Private Network Services Rates And Tariffs
  (a) Notwithstanding the pricing flexibility authorized by this subtitle, an electing company's rates for private network services may not be increased before January 1, 2012. ...
• Texas Utilities Code Section 58.259 - Tariff Rate For Certain Intralata Service
  (a) An electing company shall file a flat monthly tariff rate for point-to-point intraLATA 1.544 megabits a second service for the entities described by Section ...
• Texas Utilities Code Section 58.260 - Point-To-Point 45 Megabits A Second Intralata Service
  (a) On request of an entity described by Section 58.253(a), an electing company shall provide to the entity point-to-point 45 megabits a second intraLATA services. ...
• Texas Utilities Code Section 58.261 - Broadband Digital Special Access Service
  (a) An electing company shall provide to an entity described by Section 58.253(a) broadband digital special access service to interexchange carriers. (b) The rate for ...
• Texas Utilities Code Section 58.262 - Expanded Interconnection
  (a) On request of an entity described by Section 58.253(a), an electing company shall provide to the entity expanded interconnection (virtual colocation). (b) The company ...
• Texas Utilities Code Section 58.263 - Internet Access
  (a) This section applies only to an educational institution or library in an exchange of an electing company serving more than five million access lines ...
• Texas Utilities Code Section 58.264 - Complaints Limited
  (a) Notwithstanding any other provision of this title, an electing company is subject to a complaint under this subchapter only by an entity described by ...
• Texas Utilities Code Section 58.265 - Interconnection Of Network Services
  The private network services provided under this subchapter may be interconnected with other similar networks for distance learning, telemedicine, and information-sharing purposes. Acts 1997, 75th ...
• Texas Utilities Code Section 58.266 - Sharing Or Resale Of Network Services
  (a) A private network service may be used by and shared among the entities described by Section 58.253(a) but may not be otherwise shared or ...
• Texas Utilities Code Section 58.267 - Implementation Costs; Increase In Rates And Universal Service Funds
  The commission may not consider the cost of implementing this subchapter in determining whether an electing company is entitled to: (1) a rate increase under ...
• Texas Utilities Code Section 58.268 - Continuation Of Obligation
  Notwithstanding any other provision of this title, an electing company shall continue to comply with this subchapter until January 1, 2012, regardless of: (1) the ...
• Texas Utilities Code Section 58.301 - Switched Access Rate Reduction
  An electing company with greater than five million access lines in this state shall reduce its switched access rates on a combined originating and terminating ...
• Texas Utilities Code Section 58.302 - Switched Access Rate Cap
  (a) An electing company may not increase the per minute rates for switched access services on a combined originating and terminating basis above the lesser ...
• Texas Utilities Code Section 59.001 - Policy
  It is the policy of this state that an incumbent local exchange company that does not elect to be regulated under Chapter 58 should have ...
• Texas Utilities Code Section 59.002 - Definitions
  In this chapter: (1) "Electing company" means an incumbent local exchange company that elects for an infrastructure commitment and corresponding regulation under this chapter. (2) ...
• Texas Utilities Code Section 59.021 - Election
  (a) An incumbent local exchange company may elect to make an infrastructure commitment and to be subject to corresponding regulation under this chapter if the ...
• Texas Utilities Code Section 59.022 - Withdrawal Of Election
  (a) The commission may allow an electing company to withdraw the company's election under this chapter: (1) on application by the company; and (2) only ...
• Texas Utilities Code Section 59.023 - Election Under Chapter 58
  (a) This chapter does not prohibit a company electing under this chapter from electing incentive regulation under Chapter 58. (b) If a company makes an ...
• Texas Utilities Code Section 59.024 - Rate Changes
  (a) Except for the charges permitted under Subchapter C, Chapter 55, Subchapter B, Chapter 56, and Section 55.024, an electing company may not, before the ...
• Texas Utilities Code Section 59.025 - Switched Access Rates
  Notwithstanding any other provision of this title, the commission may not, on the commission's own motion, reduce an electing company's rates for switched access services ...
• Texas Utilities Code Section 59.026 - Complaint Or Hearing
  (a) On or before the end of the company's election period, an electing company is not, under any circumstances, subject to: (1) a complaint or ...
• Texas Utilities Code Section 59.027 - Consumer Complaints Regarding Tariffs
  (a) This chapter does not restrict: (1) a consumer's right to complain to the commission about the application of an ambiguous tariff; or (2) the ...
• Texas Utilities Code Section 59.028 - Consumer Complaints Regarding Services; Enforcement Of Standards
  This chapter does not restrict: (1) a consumer's right to complain to the commission about quality of service; or (2) the commission's right to enforce ...
• Texas Utilities Code Section 59.029 - Investment Limitation On Service Standards
  (a) The commission may not raise a service standard applicable to the provision of local exchange telephone service by an electing company if the increased ...
• Texas Utilities Code Section 59.030 - New Services
  (a) An electing company may introduce a new service 10 days after providing an informational notice to the commission, to the office, and to any ...
• Texas Utilities Code Section 59.031 - Pricing And Packaging Flexibility
  (a) Notwithstanding Section 59.027(b) or Subchapter F, Chapter 60, an electing company may exercise pricing flexibility in accordance with this section, including the packaging of ...
• Texas Utilities Code Section 59.032 - Customer Promotional Offerings
  (a) An electing company may offer a promotion for a regulated service for not more than 90 days in any 12-month period. (b) The electing ...
• Texas Utilities Code Section 59.051 - Infrastructure Commitment
  (a) An electing company shall commit to make in this state, during the six years after the election date, the telecommunications infrastructure investment prescribed by ...
• Texas Utilities Code Section 59.052 - Infrastructure Goals
  (a) The commission shall ensure that each electing company achieves the infrastructure goals described by this section. (b) Each new central office switch installed for ...
• Texas Utilities Code Section 59.053 - Waiver Of Infrastructure Requirements
  (a) For an electing company that serves fewer than one million lines, the commission may waive a requirement prescribed by Section 59.052 if the company ...
• Texas Utilities Code Section 59.054 - Progress Report
  (a) On each anniversary of the company's election date, an electing company shall file with the commission a report on the company's progress on its ...
• Texas Utilities Code Section 59.055 - Implementation Costs; Increase In Rates And Universal Service Funds
  The commission may not consider the cost of implementing Section 59.052 in determining whether an electing company is entitled to: (1) a rate increase under ...
• Texas Utilities Code Section 59.071 - Definitions
  In this subchapter: (1) "Educational institution" has the meaning assigned by Section 57.021. (2) "Library" has the meaning assigned by Section 57.042. (3) "Private network ...
• Texas Utilities Code Section 59.072 - Private Network Services For Certain Entities
  (a) On customer request, an electing company shall provide private network services to: (1) an educational institution; (2) a library; (3) a telemedicine center; or ...
• Texas Utilities Code Section 59.073 - Investment Priorities
  An electing company shall give investment priority to serving: (1) rural areas; (2) areas designated as critically underserved medically or educationally; and (3) educational institutions ...
• Texas Utilities Code Section 59.074 - Contracts For Private Network Services
  (a) An electing company shall provide a private network service under a customer-specific contract. (b) An electing company shall offer private network service contracts under ...
• Texas Utilities Code Section 59.075 - Preferred Rate Treatment Warranted
  The classes of customers described by Section 59.072(a) warrant preferred rate treatment. However, a rate charged for a service must cover the service's long run ...
• Texas Utilities Code Section 59.076 - Election Of Rate Treatment
  An educational institution or a library may elect the rate treatment provided by this subchapter or the discount provided by Subchapter B, Chapter 57. Acts ...
• Texas Utilities Code Section 59.077 - Private Network Services Rates And Tariffs
  (a) Notwithstanding the pricing flexibility authorized by this subtitle, an electing company's rates for private network services may not be increased before January 1, 2012. ...
• Texas Utilities Code Section 59.078 - Private Line Or Special Access Rates
  (a) On request by an educational institution or a library, an electing company shall provide 1.544 megabits a second private line or special access service ...
• Texas Utilities Code Section 59.079 - Complaints Limited
  Notwithstanding any other provision of this title, an electing company is subject to a complaint under Subchapter C or this subchapter only by an entity ...
• Texas Utilities Code Section 59.080 - Interconnection Of Network Services
  The private network services provided under this subchapter may be interconnected with other similar networks for distance learning, telemedicine, and information-sharing purposes. Acts 1997, 75th ...
• Texas Utilities Code Section 59.081 - Sharing Or Resale Of Network Services
  (a) A private network service may be used and shared among the entities described by Section 59.072(a) but may not be otherwise shared or resold ...
• Texas Utilities Code Section 59.082 - Implementation Costs; Increase In Rates And Universal Service Funds
  The commission may not consider the cost of implementing this subchapter in determining whether an electing company is entitled to: (1) a rate increase under ...
• Texas Utilities Code Section 59.083 - Continuation Of Obligation
  Notwithstanding any other provision of this title, an electing company shall continue to comply with this subchapter until January 1, 2012, regardless of: (1) the ...
• Texas Utilities Code Section 60.001 - Fair Competition
  To the extent necessary to ensure that competition in telecommunications is fair to each participant and to accelerate the improvement of telecommunications in this state, ...
• Texas Utilities Code Section 60.002 - Exclusive Jurisdiction; Enforcement
  (a) The commission has exclusive jurisdiction to implement competitive safeguards. (b) Section 58.025 does not prevent the commission from enforcing this chapter. Acts 1997, 75th ...
• Texas Utilities Code Section 60.003 - Commission Authority
  (a) The commission may: (1) establish procedures with respect to a policy stated in this subchapter or Subchapters B-H; and (2) resolve a dispute that ...
• Texas Utilities Code Section 60.004 - Applicability To Certain Smaller Incumbent Local Exchange Companies; Rules
  (a) Subchapters B, C, and H may be applied to an incumbent local exchange company that serves fewer than 31,000 access lines only on a ...
• Texas Utilities Code Section 60.005 - Applicability To Certain Larger Incumbent Local Exchange Companies; Rules
  (a) Subchapters B, D, and F may be applied to an incumbent local exchange company that, as of September 1, 1995, has 31,000 or more ...
• Texas Utilities Code Section 60.006 - Bulletin Board Systems Unaffected
  This subtitle does not: (1) require the commission to change the rate treatment established by the commission in Docket No. 8387 for a bulletin board ...
• Texas Utilities Code Section 60.021 - Minimum Unbundling Requirement
  At a minimum, an incumbent local exchange company shall unbundle its network to the extent the Federal Communications Commission orders. Acts 1997, 75th Leg., ch. ...
• Texas Utilities Code Section 60.022 - Commission Unbundling Orders
  (a) The commission may adopt an order relating to the issue of unbundling of local exchange company services in addition to the unbundling required by ...
• Texas Utilities Code Section 60.023 - Assignment Of Unbundled Component To Category Of Service
  The commission may assign an unbundled component to the appropriate category of services under Chapter 58 according to the purposes and intents of the categories. ...
• Texas Utilities Code Section 60.041 - Loop Resale Tariff
  (a) An incumbent local exchange company that on September 1, 1995, serves one million or more access lines or that on or before September 1, ...
• Texas Utilities Code Section 60.042 - Prohibited Resale Or Sharing
  (a) A provider of telecommunications service may not impose a restriction on the resale or sharing of a service: (1) for which the provider is ...
• Texas Utilities Code Section 60.043 - Resale Obligation
  A holder of a certificate of operating authority or a service provider certificate of operating authority shall permit a local exchange company to resell the ...
• Texas Utilities Code Section 60.044 - Elimination Of Resale Prohibitions
  (a) Except as provided by Subsections (c) and (d), the commission shall eliminate all resale prohibitions in the tariffs of an electing company on the: ...
• Texas Utilities Code Section 60.045 - Resale Or Sharing Arrangements Unaffected
  This subchapter does not change a resale or sharing arrangement permitted in an incumbent local exchange company tariff that: (1) existed on September 1, 1995; ...
• Texas Utilities Code Section 60.061 - Rules
  (a) The commission shall adopt rules governing imputation of the price of a service. (b) Imputation is a regulatory policy the commission shall apply to ...
• Texas Utilities Code Section 60.062 - Exception For Capped Price
  The commission may not require imputation of the price to a local exchange telephone service while the price is capped under Chapter 58 or 59. ...
• Texas Utilities Code Section 60.063 - Imputation For Switched Access
  The commission shall impute the price of switched access service to the price of each service for which switched access service is a component until ...
• Texas Utilities Code Section 60.064 - Recovery Of Cost Of Providing Service
  (a) An incumbent local exchange company shall demonstrate that the price it charges for retail service recovers the cost of providing the service. (b) For ...
• Texas Utilities Code Section 60.065 - Waivers
  If the commission determines that a waiver is in the public interest, the commission may waive an imputation requirement for a public interest service such ...
• Texas Utilities Code Section 60.081 - Definition
  In this subchapter, "telecommunications number portability" means the ability of a telecommunications services user who is changing from one telecommunications service provider to another provider ...
• Texas Utilities Code Section 60.082 - Portability Guidelines
  (a) Because a uniform national number plan is valuable and necessary to this state, the commission by rule shall adopt guidelines governing telecommunications number portability ...
• Texas Utilities Code Section 60.083 - Interim Retention Of Consumer Numbers
  As an interim measure, the commission shall adopt reasonable mechanisms, including, at minimum, the use of call forwarding and direct inward dialing, to allow consumers ...
• Texas Utilities Code Section 60.084 - Rates For Interim Portability Measures
  (a) An incumbent local exchange company with one million or more access lines shall file tariffs, and the commission shall determine reasonable rates to be ...
• Texas Utilities Code Section 60.101 - Pricing Rule
  (a) The commission shall adopt a pricing rule. (b) In adopting the pricing rule, the commission shall: (1) ensure that each price for a monopoly ...
• Texas Utilities Code Section 60.102 - Adoption Of Cost Studies By Certain Companies
  The commission shall allow an incumbent local exchange company that is not a Tier 1 local exchange company on September 1, 1995, to adopt, at ...
• Texas Utilities Code Section 60.121 - Definition
  In this subchapter, "interconnection" means, for calls that originate and terminate in this state, the termination of local intraexchange traffic of another local exchange company ...
• Texas Utilities Code Section 60.122 - Exclusive Jurisdiction
  The commission has exclusive jurisdiction to determine rates and terms for interconnection for a holder of a certificate of convenience and necessity, a certificate of ...
• Texas Utilities Code Section 60.123 - Inapplicability Of Subchapter
  This subchapter does not apply to a rate for the existing termination of cellular or interexchange traffic. Acts 1997, 75th Leg., ch. 166, § 1, ...
• Texas Utilities Code Section 60.124 - Interoperable Networks Required
  (a) The commission shall require each telecommunications provider to maintain interoperable networks. (b) The commission may: (1) adopt rules, including generic rules that are responsive ...
• Texas Utilities Code Section 60.125 - Determination Of Interconnection Rates
  (a) Telecommunications providers shall negotiate network interconnectivity, charges, and terms. (b) If interconnectivity, charges, and terms are successfully negotiated, the commission shall approve the interconnection ...
• Texas Utilities Code Section 60.126 - Interconnectivity Negotiations; Dispute Resolution
  The commission may resolve a dispute filed by a party to a negotiation under Section 60.125(a). Acts 1997, 75th Leg., ch. 166, § 1, eff. ...
• Texas Utilities Code Section 60.127 - Adoption Of Approved Interconnection Rates
  (a) An incumbent local exchange company may adopt the interconnection rates the commission approves for a larger incumbent local exchange company without additional cost justification. ...
• Texas Utilities Code Section 60.128 - Use Of Rates Restricted
  The commission may not use interconnection rates under this subchapter as a basis to alter interconnection rates for other services. Acts 1997, 75th Leg., ch. ...
• Texas Utilities Code Section 60.141 - Expanded Interconnection Rules
  The commission shall adopt rules for expanded interconnection that: (1) are consistent with the rules and regulations of the Federal Communications Commission relating to expanded ...
• Texas Utilities Code Section 60.161 - Incumbent Local Exchange Company Requirements
  An incumbent local exchange company may not unreasonably: (1) discriminate against another provider by refusing access to the local exchange; (2) refuse or delay an ...
• Texas Utilities Code Section 60.162 - Expanded Interconnection
  This subchapter does not require an incumbent local exchange company to provide expanded interconnection as that term is defined by the Federal Communications Commission. Acts ...
• Texas Utilities Code Section 60.163 - Infrastructure Sharing
  (a) The commission shall adopt rules that require a local exchange company to share public switched network infrastructure and technology with a requesting local exchange ...
• Texas Utilities Code Section 60.164 - Permissible Joint Marketing
  Except as prescribed in Chapters 61, 62, and 63, the commission may not adopt any rule or order that would prohibit a local exchange company ...
• Texas Utilities Code Section 60.165 - Affiliate Rule
  Except as prescribed in Chapters 61, 62, and 63, the commission may not adopt any rule or order that would prescribe for any local exchange ...
• Texas Utilities Code Section 60.201 - Statement Of Policy
  It is the policy of this state that providers of telecommunications services operate in a manner that is consistent with minimum standards to provide customers ...
• Texas Utilities Code Section 60.202 - Applicability Of Subchapter
  A provision of this subchapter applies only to the extent the provision has not been preempted by federal law or a rule, regulation, or order ...
• Texas Utilities Code Section 60.203 - Minimum Service Requirements
  A telecommunications provider may not unreasonably: (1) discriminate against another provider by refusing access to an exchange; (2) refuse or delay an interconnection to another ...
• Texas Utilities Code Section 60.204 - Interconnection
  A telecommunications provider shall provide interconnection with other telecommunications providers' networks for the transmission and routing of telephone exchange service and exchange access. Added by ...
• Texas Utilities Code Section 60.205 - Number Portability
  A telecommunications provider shall provide number portability in accordance with federal requirements. Added by Acts 2005, 79th Leg., 2nd C.S., ch. 2, § 24, eff. ...
• Texas Utilities Code Section 60.206 - Duty To Negotiate
  A telecommunications provider shall negotiate in good faith the terms and conditions of any agreement. Added by Acts 2005, 79th Leg., 2nd C.S., ch. 2, ...
• Texas Utilities Code Section 60.207 - Dialing Parity
  (a) A telecommunications provider shall provide dialing parity to competing telecommunications providers of telephone exchange service and telephone toll service. (b) A telecommunications provider shall ...
• Texas Utilities Code Section 60.208 - Access To Rights-Of-Way
  A telecommunications provider shall provide access to poles, ducts, conduits, and rights-of-way to competing providers of telecommunications service on rates, terms, and conditions that are ...
• Texas Utilities Code Section 60.209 - Reciprocal Compensation
  A telecommunications provider shall establish reciprocal compensation arrangements for the transport and termination of telecommunications. Added by Acts 2005, 79th Leg., 2nd C.S., ch. 2, ...
• Texas Utilities Code Section 60.210 - Access To Services
  A telecommunications provider shall provide access to: (1) 911 and E-911 service; (2) directory assistance service to allow other telecommunications providers' customers to obtain telephone ...
• Texas Utilities Code Section 62.001 - Applicability Of Chapter
  This chapter does not apply to a cable company. Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. ...
• Texas Utilities Code Section 62.002 - Definitions
  In this chapter: (1) "Audio programming": (A) means programming: (i) provided by an amplitude modulation or frequency modulation broadcast radio station; or (ii) generally considered ...
• Texas Utilities Code Section 62.003 - Requirements Relating To Audio And Video Programming
  (a) This section applies only to a provider of advanced services or local exchange telephone service that has more than 500,000 access lines in service ...
• Texas Utilities Code Section 64.001 - Customer Protection Policy
  (a) The legislature finds that new developments in telecommunications services, as well as changes in market structure, marketing techniques, and technology, make it essential that ...
• Texas Utilities Code Section 64.002 - Definitions
  In this chapter: (1) "Billing agent" means any entity that submits charges to the billing utility on behalf of itself or any provider of a ...
• Texas Utilities Code Section 64.003 - Customer Awareness
  (a) The commission shall promote public awareness of changes in telecommunications markets, provide customers with information necessary to make informed choices about available options, and ...
• Texas Utilities Code Section 64.004 - Customer Protection Standards
  (a) All buyers of telecommunications services are entitled to: (1) protection from fraudulent, unfair, misleading, deceptive, or anticompetitive practices, including protection from being billed for ...
• Texas Utilities Code Section 64.051 - Adoption Of Rules
  (a) The commission shall adopt rules relating to certification, registration, and reporting requirements for a certificated telecommunications utility, all telecommunications utilities that are not dominant ...
• Texas Utilities Code Section 64.052 - Scope Of Rules
  The commission may adopt and enforce rules to: (1) require certification or registration with the commission as a condition of doing business in this state; ...
• Texas Utilities Code Section 64.053 - Reports
  The commission may require a telecommunications service provider to submit reports to the commission concerning any matter over which it has authority under this chapter. ...
• Texas Utilities Code Section 64.101 - Policy
  It is the policy of this state that all customers be protected from the unauthorized switching of a telecommunications service provider selected by the customer ...
• Texas Utilities Code Section 64.102 - Rules Relating To Choice
  The commission shall adopt and enforce rules that: (1) ensure that customers are protected from deceptive practices employed in obtaining authorizations of service and in ...
• Texas Utilities Code Section 64.151 - Requirements For Submitting Charges
  (a) A service provider or billing agent may submit charges for a new product or service to be billed on a customer's telephone bill on ...
• Texas Utilities Code Section 64.152 - Responsibilities Of Billing Utility
  (a) If a customer's telephone bill is charged for any product or service without proper customer consent or verification, the billing utility, on its knowledge ...
• Texas Utilities Code Section 64.153 - Records Of Disputed Charges
  (a) Every service provider shall maintain a record of every disputed charge for a product or service placed on a customer's bill. (b) The record ...
• Texas Utilities Code Section 64.154 - Notice
  (a) A billing utility shall provide notice of a customer's rights under this section in the manner prescribed by the commission. (b) Notice of a ...
• Texas Utilities Code Section 64.155 - Providing Copy Of Records
  A billing utility shall provide a copy of records maintained under Sections 64.151(c), 64.152, and 64.154 to the commission staff on request. A service provider ...
• Texas Utilities Code Section 64.156 - Violations
  (a) If the commission finds that a billing utility violated this subchapter, the commission may implement penalties and other enforcement actions under Chapter 15. (b) ...
• Texas Utilities Code Section 64.157 - Disputes
  (a) The commission may resolve disputes between a retail customer and a billing utility, service provider, or telecommunications utility. (b) In exercising its authority under ...
• Texas Utilities Code Section 64.158 - Consistency With Federal Law
  Rules adopted by the commission under this subchapter shall be consistent with and not more burdensome than applicable federal laws and rules. Added by Acts ...
• Texas Utilities Code Section 64.201 - Definition
  In this subchapter, "commercial mobile service provider" means a provider of commercial mobile service as defined by Section 332(d), Communications Act of 1934 (47 U.S.C. ...
• Texas Utilities Code Section 64.202 - Consent Required
  (a) A commercial mobile service provider doing business in this state may not publish in a directory or provide for publication in a directory the ...
• Texas Utilities Code Section 64.203 - Violations
  (a) The attorney general may investigate violations of this subchapter and file civil enforcement actions seeking injunctive relief, attorney's fees, and civil penalties in an ...
• Texas Utilities Code Section 65.001 - Statement Of Policy
  It is the policy of this state to provide for full rate and service competition in the telecommunications market of this state so that customers ...
• Texas Utilities Code Section 65.002 - Definitions
  In this chapter: (1) "Deregulated company" means an incumbent local exchange company for which all of the company's markets have been deregulated. (2) "Market" means ...
• Texas Utilities Code Section 65.003 - Commission Authority
  (a) Notwithstanding any other provisions of this title, the commission has authority to implement and enforce this chapter. (b) The commission may adopt rules and ...
• Texas Utilities Code Section 65.004 - Information
  (a) The commission may collect and compile information from all telecommunications providers as necessary to implement and enforce this chapter. (b) The commission shall maintain ...
• Texas Utilities Code Section 65.005 - Customer Protection
  This chapter does not affect a customer's right to complain to the commission regarding a telecommunications provider. Added by Acts 2005, 79th Leg., 2nd C.S., ...
• Texas Utilities Code Section 65.051 - Markets Deregulated
  (a) Except as provided by Subsection (b), all markets of all incumbent local exchange companies are deregulated on January 1, 2006, unless the commission determines ...
• Texas Utilities Code Section 65.052 - Determination Of Whether A Market Should Remain Regulated
  (a) Except as provided by Subsection (f), the commission shall: (1) determine whether each market of an incumbent local exchange company should remain regulated on ...
• Texas Utilities Code Section 65.053 - Incumbent Local Exchange Company Markets
  (a) Notwithstanding Section 65.052, an incumbent local exchange company may elect to have all of the company's markets remain regulated on and after January 1, ...
• Texas Utilities Code Section 65.054 - Petition For Deregulation
  (a) After July 1, 2007, a company may petition the commission to deregulate a market that the commission previously determined should remain regulated. (b) If ...
• Texas Utilities Code Section 65.055 - Commission Authority To Reregulate Certain Markets
  (a) This section applies only to a market of an incumbent local exchange company in which the population in the area included in the market ...
• Texas Utilities Code Section 65.101 - Issuance Of Certificate Of Operating Authority
  (a) A deregulated company may petition the commission to relinquish the company's certificate of convenience and necessity and receive a certificate of operating authority. (b) ...
• Texas Utilities Code Section 65.102 - Requirements
  (a) A deregulated company that holds a certificate of operating authority issued under this subchapter is a nondominant carrier governed in the same manner as ...
• Texas Utilities Code Section 65.151 - Provisions Applicable To Transitioning Company
  A transitioning company is governed by this subchapter and the provisions of this title that applied to the company immediately before the date the company ...
• Texas Utilities Code Section 65.152 - General Requirements
  (a) A transitioning company may: (1) exercise pricing flexibility in a market in the manner provided by Section 58.063 one day after providing an informational ...
• Texas Utilities Code Section 65.153 - Rate Requirements
  (a) In a market that remains regulated, a transitioning company shall price the company's retail services in accordance with the provisions that applied to that ...
• Texas Utilities Code Section 65.201 - Reduction Of Switched Access Rates By Deregulated Company
  (a) On the date the last market of an incumbent local exchange company is deregulated, the company shall reduce both the company's originating and terminating ...
• Texas Utilities Code Section 65.202 - Reduction Of Switched Access Rates By Transitioning Company With More Than Three Million Access Lines
  (a) Notwithstanding any other provision of this title, a transitioning company that has more than three million access lines in service in this state on ...
• Texas Utilities Code Section 65.203 - Reduction Of Switched Access Rates By Certain Transitioning Companies With Not More Than Three Million Access Lines
  (a) Notwithstanding any other provision of this title, a company that is classified as a transitioning company effective January 1, 2006, and that has not ...
• Texas Utilities Code Section 65.204 - Reduction Of Switched Access Rates By Newly Designated Transitioning Company
  (a) Notwithstanding any other provision of this title, a company that is classified as a transitioning company after January 1, 2006, shall reduce both the ...
• Texas Utilities Code Section 65.205 - Maintenance Of Reduction Or Parity
  (a) After a deregulated or transitioning company reduces the company's rates under this subchapter, the company may not increase those rates above the applicable rates ...
• Texas Utilities Code Section 65.251 - Oversight Committee
  (a) In this subchapter, " committee" means the telecommunications competitiveness legislative oversight committee. (b) The committee is composed of nine members as follows: (1) the ...
• Texas Utilities Code Section 65.252 - Committee Duties
  (a) The committee shall conduct joint public hearings with the commission at least annually regarding the introduction of full competition to telecommunications services in this ...
• Texas Utilities Code Section 66.001 - Franchising Authority
  The commission shall be designated as the franchising authority for a state-issued franchise for the provision of cable service or video service. Added by Acts ...
• Texas Utilities Code Section 66.002 - Definitions
  In this chapter: (1) "Actual incremental cost" means only current out-of-pocket expenses for labor, equipment repair, equipment replacement, and tax expenses directly associated with the ...
• Texas Utilities Code Section 66.003 - State Authorization To Provide Cable Service Or Video Service
  (a) An entity or person seeking to provide cable service or video service in this state after September 1, 2005, shall file an application for ...
• Texas Utilities Code Section 66.004 - Eligibility For Commission-Issued Franchise
  (a) A cable service provider or a video service provider that currently has or had previously received a franchise to provide cable service or video ...
• Texas Utilities Code Section 66.005 - Franchise Fee
  (a) The holder of a state-issued certificate of franchise authority shall pay each municipality in which it provides cable service or video service a franchise ...
• Texas Utilities Code Section 66.006 - In-Kind Contributions To Municipality
  (a) Until the expiration of the incumbent cable service provider's agreement, the holder of a state-issued certificate of franchise authority shall pay a municipality in ...
• Texas Utilities Code Section 66.007 - Build-Out
  The holder of a state-issued certificate of franchise authority shall not be required to comply with mandatory build-out provisions. Added by Acts 2005, 79th Leg., ...
• Texas Utilities Code Section 66.008 - Customer Service Standards
  The holder of a state-issued certificate of franchise authority shall comply with customer service requirements consistent with 47 C.F.R. Section 76.309(c) until there are two ...
• Texas Utilities Code Section 66.009 - Public, Educational, And Governmental Access Channels
  (a) Not later than 120 days after a request by a municipality, the holder of a state-issued certificate of franchise authority shall provide the municipality ...
• Texas Utilities Code Section 66.010 - Nondiscrimination By Municipality
  (a) A municipality shall allow the holder of a state-issued certificate of franchise authority to install, construct, and maintain a communications network within a public ...
• Texas Utilities Code Section 66.011 - Municipal Police Power; Other Authority
  (a) A municipality may enforce police power-based regulations in the management of a public right-of-way that apply to the holder of a state-issued certificate of ...
• Texas Utilities Code Section 66.012 - Indemnity In Connection With Right-Of-Way; Notice Of Liability
  (a) The holder of a state-issued certificate of franchise authority shall indemnify and hold a municipality and its officers and employees harmless against any and ...
• Texas Utilities Code Section 66.013 - Municipal Authority
  In addition to a municipality's authority to exercise its nondiscriminatory police power with respect to public rights-of-way under current law, a municipality's authority to regulate ...
• Texas Utilities Code Section 66.014 - Discrimination Prohibited
  (a) The purpose of this section is to prevent discrimination among potential residential subscribers. (b) A cable service provider or video service provider that has ...
• Texas Utilities Code Section 66.015 - Compliance
  (a) Should the holder of a state-issued certificate of franchise authority be found by a court of competent jurisdiction to be in noncompliance with the ...
• Texas Utilities Code Section 66.016 - Applicability Of Other Laws
  (a) Nothing in this chapter shall be interpreted to prevent a voice provider, cable service provider or video service provider, or municipality from seeking clarification ...
• Texas Utilities Code Section 66.017 - Study
  Text of section effective until January 1, 2007 (a) The telecommunications competitiveness legislative oversight committee shall conduct a joint interim study with the commission ...
• Texas Utilities Code Section 101.001 - Short Title
  This subtitle may be cited as the Gas Utility Regulatory Act. Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. ...
• Texas Utilities Code Section 101.002 - Purpose And Findings
  (a) This subtitle is enacted to protect the public interest inherent in the rates and services of gas utilities. The purpose of this subtitle is ...
• Texas Utilities Code Section 101.003 - Definitions
  In this subtitle: (1) "Affected person" means: (A) a gas utility affected by an action of a regulatory authority; (B) a person whose utility service ...
• Texas Utilities Code Section 101.004 - Person Determined To Be Affiliate
  (a) The railroad commission may determine that a person is an affiliate for purposes of this subtitle if the railroad commission after notice and hearing ...
• Texas Utilities Code Section 101.005 - Administrative Procedure
  Chapter 2001, Government Code, applies to a proceeding under this subtitle except to the extent inconsistent with this subtitle. Acts 1997, 75th Leg., ch. 166, ...
• Texas Utilities Code Section 101.006 - Cumulative Effect; Application To Gas Utilities
  (a) This subtitle is cumulative of laws existing on September 1, 1983, relating to the jurisdiction, power, or authority of the railroad commission over a ...
• Texas Utilities Code Section 101.007 - Liberal Construction
  This subtitle shall be construed liberally to promote the effectiveness and efficiency of regulation of gas utilities to the extent that this construction preserves the ...
• Texas Utilities Code Section 101.008 - Construction With Federal Authority
  This subtitle shall be construed to apply so as not to conflict with any authority of the United States. Acts 1997, 75th Leg., ch. 166, ...
• Texas Utilities Code Section 101.051 - Office Of Public Utility Counsel
  The independent office of public utility counsel represents the interests of residential consumers. Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. ...
• Texas Utilities Code Section 101.052 - Office Powers And Duties
  (a) The office: (1) may appear or intervene as a party or otherwise represent residential consumers, as a class, in appeals to the railroad commission ...
• Texas Utilities Code Section 101.053 - Prohibited Acts
  (a) The counsellor may not: (1) have a direct or indirect interest in a gas utility company regulated under this subtitle; or (2) provide legal ...
• Texas Utilities Code Section 101.054 - Personnel
  (a) The counsellor may employ lawyers, economists, engineers, consultants, statisticians, accountants, clerical staff, and other employees as the counsellor determines necessary to carry out this ...
• Texas Utilities Code Section 102.001 - Railroad Commission Jurisdiction
  (a) The railroad commission has exclusive original jurisdiction over the rates and services of a gas utility: (1) that distributes natural gas or synthetic natural ...
• Texas Utilities Code Section 102.002 - Limitation On Railroad Commission Jurisdiction
  Except as otherwise provided by this subtitle, this subtitle does not authorize the railroad commission to: (1) regulate or supervise a rate or service of ...
• Texas Utilities Code Section 102.003 - Railroad Commission Powers Relating To Reports
  The railroad commission may: (1) require a gas utility to report to the railroad commission information relating to the gas utility and an affiliate inside ...
• Texas Utilities Code Section 102.004 - Report Of Substantial Interest
  The railroad commission may require disclosure of the identity and respective interests of each owner of at least one percent of the voting securities of ...
• Texas Utilities Code Section 102.005 - Assistance To Municipality
  On request of a municipality, the railroad commission may advise and assist the municipality with respect to a question or proceeding arising under this subtitle. ...
• Texas Utilities Code Section 102.006 - Administrative Hearings In Contested Cases
  (a) The railroad commission by rule shall provide for administrative hearings in contested cases to be conducted by one or more members of the railroad ...
• Texas Utilities Code Section 102.051 - Report Of Certain Transactions; Railroad Commission Consideration
  (a) Not later than the 60th day after the date the transaction takes effect, a gas utility shall report to the railroad commission: (1) a ...
• Texas Utilities Code Section 102.052 - Report Of Purchase Of Voting Stock In Gas Utility
  A gas utility may not purchase voting stock in another gas utility doing business in this state unless the utility reports the purchase to the ...
• Texas Utilities Code Section 102.053 - Report Of Loan To Stockholders
  A gas utility may not loan money, stocks, bonds, notes, or other evidence of indebtedness to a person who directly or indirectly owns or holds ...
• Texas Utilities Code Section 102.101 - Records Of Gas Utility
  (a) Each gas utility shall keep and provide to the regulatory authority, in the manner and form prescribed by the railroad commission, uniform accounts of ...
• Texas Utilities Code Section 102.102 - Maintenance Of Office And Records In This State
  (a) Each gas utility shall maintain an office in this state in a county in which some part of the utility's property is located. The ...
• Texas Utilities Code Section 102.103 - Communications With Regulatory Authority
  (a) The regulatory authority shall adopt rules governing communications with the regulatory authority or a member or employee of the regulatory authority by: (1) a ...
• Texas Utilities Code Section 102.104 - Jurisdiction Over Affiliate
  The railroad commission has jurisdiction over an affiliate that has a transaction with a gas utility under the railroad commission's jurisdiction to the extent of ...
• Texas Utilities Code Section 102.151 - Schedule Filings
  (a) A gas utility shall file with each regulatory authority schedules showing all rates that are: (1) subject to the regulatory authority's original or appellate ...
• Texas Utilities Code Section 102.152 - Depreciation Account
  The railroad commission shall require each gas utility or municipally owned utility to carry a proper and adequate depreciation account in accordance with: (1) the ...
• Texas Utilities Code Section 102.153 - Accounts Of Profits And Losses
  A gas utility or municipally owned utility shall keep separate accounts showing profits or losses from the sale or lease of merchandise, including an appliance, ...
• Texas Utilities Code Section 102.154 - Report Of Certain Expenses
  A regulatory authority may require a gas utility to annually report the utility's expenditures for: (1) business gifts and entertainment; and (2) advertising or public ...
• Texas Utilities Code Section 102.201 - Inquiry Into Management And Affairs
  A regulatory authority may inquire into the management and affairs of each gas utility and shall keep itself informed as to the manner and method ...
• Texas Utilities Code Section 102.202 - Audit Of Accounts
  A regulatory authority may require the examination and audit of the accounts of a gas or municipally owned utility. Acts 1997, 75th Leg., ch. 166, ...
• Texas Utilities Code Section 102.203 - Inspection
  At a reasonable time for a reasonable purpose, a regulatory authority and, to the extent authorized by the regulatory authority, its counsel, agent, or employee ...
• Texas Utilities Code Section 102.204 - Examinations Under Oath
  In connection with an investigation taken under Section 102.203, the regulatory authority may: (1) examine under oath an officer, agent, or employee of a gas ...
• Texas Utilities Code Section 102.205 - Entering Premises Of Gas Utility
  (a) A member, agent, or employee of a regulatory authority may enter the premises occupied by a gas utility to conduct an inspection, examination, or ...
• Texas Utilities Code Section 102.206 - Production Of Out-Of-State Records
  (a) A regulatory authority may require, by order or subpoena served on a gas utility, the production, at the time and place in this state ...
• Texas Utilities Code Section 102.251 - Record Of Proceeding
  The regulatory authority shall keep a record of each proceeding before the authority. Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. ...
• Texas Utilities Code Section 102.252 - Right To Be Heard
  Each party to a proceeding before a regulatory authority is entitled to be heard by attorney or in person. Acts 1997, 75th Leg., ch. 166, ...
• Texas Utilities Code Section 103.001 - Municipal Jurisdiction
  To provide fair, just, and reasonable rates and adequate and efficient services, the governing body of a municipality has exclusive original jurisdiction over the rates, ...
• Texas Utilities Code Section 103.002 - Franchises
  (a) This subtitle does not restrict the rights and powers of a municipality to grant or refuse a franchise to use the streets and alleys ...
• Texas Utilities Code Section 103.003 - Surrender Of Municipal Jurisdiction To Railroad Commission; Reinstatement Of Jurisdiction
  (a) A municipality may elect to have the railroad commission exercise exclusive original jurisdiction over gas utility rates, operations, and services in the municipality by ...
• Texas Utilities Code Section 103.021 - Municipal Proceedings
  (a) A municipality regulating a gas utility under this subtitle shall require the utility to submit information as necessary to make a reasonable determination of ...
• Texas Utilities Code Section 103.022 - Rate Assistance And Cost Reimbursement
  (a) The governing body of a municipality participating in or conducting a ratemaking proceeding may engage rate consultants, accountants, auditors, attorneys, and engineers to: (1) ...
• Texas Utilities Code Section 103.023 - Municipal Standing
  (a) A municipality has standing in each case before the railroad commission that relates to a gas utility's rates and services in the municipality. (b) ...
• Texas Utilities Code Section 103.024 - Judicial Review
  A municipality is entitled to judicial review of a railroad commission order relating to a gas utility's rates and services in a municipality as provided ...
• Texas Utilities Code Section 103.051 - Appeal By Party
  A party to a rate proceeding before a municipality's governing body may appeal the governing body's decision to the railroad commission. Acts 1997, 75th Leg., ...
• Texas Utilities Code Section 103.052 - Appeal By Residents
  The residents of a municipality may appeal to the railroad commission the decision of the municipality's governing body in a rate proceeding by filing with ...
• Texas Utilities Code Section 103.053 - Appeal By Ratepayers Outside Municipality
  (a) The ratepayers of a municipally owned utility who are outside the municipality may appeal to the railroad commission an action of the municipality's governing ...
• Texas Utilities Code Section 103.054 - Filing Of Appeal
  (a) An appeal under this subchapter is initiated by filing a petition for review with the railroad commission and serving a copy of the petition ...
• Texas Utilities Code Section 103.055 - Hearing And Order
  (a) An appeal under this subchapter is de novo and based on the test year presented to the municipality adjusted for known changes and conditions ...
• Texas Utilities Code Section 103.056 - Applicability Of Rates
  Temporary or permanent rates set by the railroad commission are prospective and observed from the date of the applicable railroad commission order, except an interim ...
• Texas Utilities Code Section 104.001 - Authorization To Establish And Regulate Rates
  (a) The railroad commission is vested with all the authority and power of this state to ensure compliance with the obligations of gas utilities in ...
• Texas Utilities Code Section 104.002 - Compliance With Subtitle
  A gas utility may not: (1) charge, collect, or receive a rate for utility service except as provided by this subtitle; or (2) impose a ...
• Texas Utilities Code Section 104.003 - Just And Reasonable Rates
  (a) The regulatory authority shall ensure that each rate a gas utility or two or more gas utilities jointly make, demand, or receive is just ...
• Texas Utilities Code Section 104.004 - Unreasonable Preference Or Prejudice Prohibited
  A gas utility may not: (1) grant an unreasonable preference or advantage concerning rates or services to a person in a classification; (2) subject a ...
• Texas Utilities Code Section 104.005 - Equality Of Rates And Services
  (a) A gas utility may not directly or indirectly charge, demand, collect, or receive from a person a greater or lesser compensation for a service ...
• Texas Utilities Code Section 104.006 - Rates For Area Not In Municipality
  Without the approval of the railroad commission, a gas utility's rates for an area not in a municipality may not exceed 115 percent of the ...
• Texas Utilities Code Section 104.007 - Discrimination And Restriction On Competition
  A gas utility may not: (1) discriminate against a person who sells or leases equipment or performs services in competition with the gas utility; or ...
• Texas Utilities Code Section 104.008 - Burden Of Proof
  In a proceeding involving a proposed rate change, the gas utility has the burden of proving that: (1) the rate change is just and reasonable, ...
• Texas Utilities Code Section 104.051 - Establishing Overall Revenues
  In establishing a gas utility's rates, the regulatory authority shall establish the utility's overall revenues at an amount that will permit the utility a reasonable ...
• Texas Utilities Code Section 104.052 - Establishing Fair Rate Of Return
  The regulatory authority may not establish a rate that yields more than a fair return on the adjusted value of the invested capital used and ...
• Texas Utilities Code Section 104.053 - Components Of Adjusted Value Of Invested Capital
  (a) Gas utility rates shall be based on the adjusted value of invested capital used and useful to the utility in providing service and that ...
• Texas Utilities Code Section 104.054 - Depreciation, Amortization, And Depletion
  (a) The railroad commission shall establish proper and adequate rates and methods of depreciation, amortization, or depletion for each class of property of a gas ...
• Texas Utilities Code Section 104.055 - Net Income; Allowable Expenses
  (a) Net income shall be used to establish just and reasonable rates. For that purpose, "net income" means the total revenues of the gas utility ...
• Texas Utilities Code Section 104.056 - Treatment Of Certain Tax Benefits
  (a) In determining the allocation of tax savings derived from liberalized depreciation and amortization, the investment tax credit, and the application of similar methods, the ...
• Texas Utilities Code Section 104.057 - Consideration Of Certain Expenses
  (a) In establishing a gas utility's rates, the regulatory authority may not allow as a cost or expense an expenditure: (1) described by Section 102.154 ...
• Texas Utilities Code Section 104.058 - Consideration Of Profit Or Loss From Sale Or Lease Of Merchandise
  In establishing a gas utility's or municipally owned utility's rates, the regulatory authority may not consider a profit or loss that results from the sale ...
• Texas Utilities Code Section 104.101 - Definition
  In this subchapter, "major change" means an increase in rates that would increase the aggregate revenues of the applicant more than the greater of $100,000 ...
• Texas Utilities Code Section 104.102 - Statement Of Intent To Increase Rates
  (a) A gas utility may not increase its rates unless the utility files a statement of its intent with the regulatory authority that has original ...
• Texas Utilities Code Section 104.103 - Notice Of Intent To Increase Rates
  (a) The gas utility shall: (1) publish, in conspicuous form, notice to the public of the proposed increase once each week for four successive weeks ...
• Texas Utilities Code Section 104.104 - Early Effective Date Of Rate Increase
  (a) For good cause shown, the regulatory authority may allow a rate increase, other than a major change, to take effect: (1) before the end ...
• Texas Utilities Code Section 104.105 - Determination Of Propriety Of Rate Change; Hearing
  (a) If a schedule modifying or increasing rates is filed with a regulatory authority, the regulatory authority shall, on complaint by an affected person, or ...
• Texas Utilities Code Section 104.106 - Preference To Hearing
  The regulatory authority shall: (1) give preference to the hearing under this subchapter and to deciding questions arising under this subchapter over any other question ...
• Texas Utilities Code Section 104.107 - Rate Suspension; Deadline
  (a) Pending the hearing and a decision: (1) the local regulatory authority, after delivering to the gas utility a written statement of the regulatory authority's ...
• Texas Utilities Code Section 104.108 - Temporary Rates
  (a) The regulatory authority may establish temporary rates to be in effect during the applicable suspension period under Section 104.107. (b) If the regulatory authority ...
• Texas Utilities Code Section 104.109 - Bonded Rates
  (a) A gas utility may put a changed rate into effect by filing a bond with the regulatory authority if the regulatory authority fails to ...
• Texas Utilities Code Section 104.110 - Establishment Of Final Rates
  (a) If, after hearing, the regulatory authority finds the rates are unreasonable or in violation of law, the regulatory authority shall: (1) enter an order ...
• Texas Utilities Code Section 104.111 - Approval Of Decrease In Rates
  Notwithstanding any other provision in this subtitle, the regulatory authority may, without reference to the cost of service standard prescribed by Section 104.051, administratively approve ...
• Texas Utilities Code Section 104.112 - Surcharge To Recover Relocation Costs
  (a) This section applies to a gas utility's costs of relocating a facility to accommodate construction or improvement of a highway, road, street, public way, ...
• Texas Utilities Code Section 104.151 - Unreasonable Or Violative Existing Rates
  (a) If the regulatory authority, on its own motion or on complaint by an affected person, after reasonable notice and hearing, finds that the existing ...
• Texas Utilities Code Section 104.152 - Investigating Costs Of Obtaining Service From Another Source
  If a gas utility does not produce the service that it distributes, transmits, or furnishes to the public for compensation but obtains the service from ...
• Texas Utilities Code Section 104.201 - Transportation Rates Between Gas Utility Or Municipally Owned Utility And State Agency
  (a) Notwithstanding Section 104.003(b), absent a contract for transportation service between a state agency and a gas utility or municipally owned utility, the railroad commission, ...
• Texas Utilities Code Section 104.202 - Excluded Expenses
  (a) The rates that a gas utility or municipally owned utility charges a state agency may not include an amount representing a gross receipts assessment, ...
• Texas Utilities Code Section 104.203 - Payment In Lieu Of Tax
  (a) A payment made in lieu of a tax by a municipally owned utility to the municipality by which the utility is owned may not ...
• Texas Utilities Code Section 104.251 - General Standard
  A gas utility shall furnish service, instrumentalities, and facilities that are safe, adequate, efficient, and reasonable. Acts 1997, 75th Leg., ch. 166, § 1, eff. ...
• Texas Utilities Code Section 104.252 - Authority Of Regulatory Authority Concerning Standards
  A regulatory authority, on its own motion or on complaint and after reasonable notice and hearing, may: (1) adopt just and reasonable standards, classifications, regulations, ...
• Texas Utilities Code Section 104.253 - Rule Or Standard
  (a) A gas utility may file with the regulatory authority a standard, classification, regulation, or practice the utility follows. (b) The standard, classification, regulation, or ...
• Texas Utilities Code Section 104.254 - Service
  A gas utility or municipally owned utility may not refuse to provide service to a state agency if pipeline capacity is available on an existing ...
• Texas Utilities Code Section 104.2545 - Required Service To Public Retail Customer
  (a) In this section, "service site" means facilities or buildings operated by a public retail customer or a group of adjacent facilities or buildings operated ...
• Texas Utilities Code Section 104.255 - Billing
  (a) A gas utility or municipally owned utility may not bill or otherwise require the state or a state agency or institution to pay for ...
• Texas Utilities Code Section 104.2551 - Electronic Billing
  A gas utility or municipally owned utility may transmit the utility's bill for services through the Internet or by other electronic means instead of through ...
• Texas Utilities Code Section 104.256 - Examination And Test Of Instrument Or Equipment; Inspection
  (a) A regulatory authority may: (1) examine and test equipment, including meters and instruments, used to measure service of a gas utility; and (2) set ...
• Texas Utilities Code Section 104.257 - Inspection For Consumer
  (a) A consumer may have a meter or other measuring device tested by a gas utility: (1) once without charge, after a reasonable period of ...
• Texas Utilities Code Section 104.258 - Disconnection Of Gas Service
  (a) In this section: (1) "Extreme weather emergency" means a period during which the previous day's highest temperature did not exceed 32 degrees Fahrenheit and ...
• Texas Utilities Code Section 104.301 - Interim Adjustment For Changes In Investment
  (a) A gas utility that has filed a rate case under Subchapter C within the preceding two years may file with the regulatory authority a ...
• Texas Utilities Code Section 105.001 - Right To Judicial Review
  (a) Any party to a proceeding before the railroad commission is entitled to judicial review under the substantial evidence rule. (b) The issue of confiscation ...
• Texas Utilities Code Section 105.002 - Judicial Stay Or Suspension
  While an appeal of an order, ruling, or decision of a regulatory authority is pending, the district court, court of appeals, or supreme court, as ...
• Texas Utilities Code Section 105.021 - Action To Enjoin Or Require Compliance
  (a) The attorney general, on the request of the railroad commission, shall apply in the name of the commission for an order under Subsection (b) ...
• Texas Utilities Code Section 105.022 - Contempt
  The railroad commission may file an action for contempt against a person who: (1) fails to comply with a lawful order of the commission; (2) ...
• Texas Utilities Code Section 105.023 - Civil Penalty Against Gas Utility Or Affiliate
  (a) A gas utility or affiliate is subject to a civil penalty if the gas utility or affiliate knowingly violates this subtitle, fails to perform ...
• Texas Utilities Code Section 105.024 - Offense
  (a) A person commits an offense if the person knowingly violates this subtitle. (b) An offense under this section is a felony of the third ...
• Texas Utilities Code Section 105.025 - Place For Suit
  A suit for an injunction or a penalty under this subtitle may be brought in: (1) Travis County; (2) a county in which the violation ...
• Texas Utilities Code Section 105.026 - Penalties Cumulative
  (a) A penalty that accrues under this subtitle is cumulative of any other penalty. (b) A suit for the recovery of a penalty does not ...
• Texas Utilities Code Section 105.027 - Disposition Of Fines And Penalties
  A fine or penalty collected under this subtitle, other than a fine or penalty collected in a criminal proceeding, shall be paid to the railroad ...
• Texas Utilities Code Section 105.051 - Complaint By Affected Person
  An affected person may complain to the regulatory authority in writing setting forth an act or omission by a gas utility in violation or claimed ...
• Texas Utilities Code Section 121.001 - Definition Of Gas Utility
  (a) In this chapter, "gas utility" means a person who owns, manages, operates, leases, or controls in this state property or equipment or a pipeline, ...
• Texas Utilities Code Section 121.002 - Affiliate Of Gas Utility Excluded
  A person is not a gas utility solely because the person is an affiliate of a gas utility. Acts 1997, 75th Leg., ch. 166, § ...
• Texas Utilities Code Section 121.003 - Agricultural Service Excluded
  (a) The act or acts of transporting, delivering, selling, or otherwise making available natural gas for fuel, either directly or indirectly, to an owner of ...
• Texas Utilities Code Section 121.004 - Transportation Of Gas Solely For Interstate Commerce Excluded
  Except as provided by Section 121.001(a)(2), a person is not a gas utility if the person certifies to the railroad commission that the person transports ...
• Texas Utilities Code Section 121.005 - Transportation Of Gas In Vicinity Of Place Of Production Excluded
  (a) Except as provided by Section 121.001(a)(2), a person is not a gas utility if the person certifies to the railroad commission that the person ...
• Texas Utilities Code Section 121.006 - Vehicle Fuel Excluded
  A person is not a gas utility to the extent that the person: (1) sells natural gas for use as vehicle fuel; (2) sells natural ...
• Texas Utilities Code Section 121.051 - Gas Utility: Public Interest And Jurisdiction Of Railroad Commission
  (a) A gas utility, including a business described by Section 121.001(a)(3), is affected with a public interest. (b) A business described by Section 121.001(a)(3) is ...
• Texas Utilities Code Section 121.052 - Pipelines: Monopolies Subject To Railroad Commission
  (a) The operation of a pipeline for buying, selling, transporting, producing, or otherwise dealing in natural gas is a business which in its nature and ...
• Texas Utilities Code Section 121.101 - Maintenance Of Office And Records In This State
  (a) A gas utility shall maintain an office in this state in a county in which some part of the gas utility's property is located. ...
• Texas Utilities Code Section 121.102 - Operator's Report
  The railroad commission may require a person or corporation that owns, controls, or operates a pipeline subject to this chapter to make to the commission ...
• Texas Utilities Code Section 121.103 - Duty To Serve Certain Users Extinguished
  (a) A gas utility that provides gas to a customer does not have an obligation to serve the customer or to maintain the gas supply ...
• Texas Utilities Code Section 121.104 - Discrimination In Service And Charges Prohibited
  (a) A pipeline gas utility may not: (1) discriminate in favor of or against any person or place in: (A) apportioning the supply of natural ...
• Texas Utilities Code Section 121.151 - Railroad Commission Regulation Of Gas Pipelines
  The railroad commission shall: (1) establish and enforce the adequate and reasonable price of gas and fair and reasonable rates of charges and rules for ...
• Texas Utilities Code Section 121.152 - Initiation Of Regulatory Proceeding
  The railroad commission shall exercise power under Section 121.151: (1) on: (A) its own motion; (B) the petition of a person or county commissioner's precinct ...
• Texas Utilities Code Section 121.153 - Railroad Commission Review Of Gas Pipeline Orders And Agreements
  The railroad commission, after notice to a person or corporation owning, controlling, or operating a pipeline subject to this chapter and after a hearing, may ...
• Texas Utilities Code Section 121.154 - Refund Of Excess Charges
  (a) On a complaint against a person or corporation owning or operating a pipeline business subject to this chapter filed by any person authorized by ...
• Texas Utilities Code Section 121.155 - Rate Reduction Or Determination By Municipality And Appeal
  A gas utility the rates of which have been reduced by a municipality may appeal the municipal order, decision, regulation, or ordinance to the railroad ...
• Texas Utilities Code Section 121.157 - Railroad Commission Employees
  (a) The railroad commission may employ or appoint persons as necessary to: (1) inspect and audit records or receipts, disbursements, vouchers, prices, payrolls, time cards, ...
• Texas Utilities Code Section 121.158 - Payment From The General Revenue Fund
  All expenses, including witness fees and mileage, employee wages and fees, and the salary and expenses of the chief supervisor of the oil and gas ...
• Texas Utilities Code Section 121.201 - Safety Rules: Railroad Commission Power
  (a) The railroad commission may: (1) by rule prescribe or adopt safety standards for the transportation of gas and for gas pipeline facilities, including safety ...
• Texas Utilities Code Section 121.2015 - Required Safety Rules
  (a) The railroad commission shall adopt rules regarding: (1) public education and awareness relating to gas pipeline facilities; and (2) community liaison for responding to ...
• Texas Utilities Code Section 121.202 - Municipal And County Authority
  (a) A municipality or a county may not adopt or enforce an ordinance that establishes a safety standard or practice applicable to a facility that ...
• Texas Utilities Code Section 121.2025 - Authority Of Municipality To Assess Charges
  (a) Except as otherwise provided by this section or Section 182.025, Tax Code, a municipality may not assess a charge for the placement, construction, maintenance, ...
• Texas Utilities Code Section 121.203 - Enforcement: Injunction
  The attorney general, on behalf of the railroad commission, is entitled to injunctive relief to restrain a violation of a safety standard adopted under this ...
• Texas Utilities Code Section 121.204 - Civil Penalty
  Each day of each violation of a safety standard adopted under this subchapter is subject to a civil penalty of not more than $25,000, except ...
• Texas Utilities Code Section 121.205 - Settlement By Attorney General
  A civil penalty under Section 121.204 may be compromised by the attorney general who in determining a compromise shall consider: (1) the appropriateness of the ...
• Texas Utilities Code Section 121.206 - Administrative Penalty For Violation Of Pipeline Safety Standard Or Rule
  (a) The railroad commission may assess an administrative penalty against a person who violates Section 121.201 or a safety standard or other rule prescribed or ...
• Texas Utilities Code Section 121.207 - Pipeline Safety Administrative Penalty: Assessment Procedure
  (a) An administrative penalty may be assessed only after a person charged under Section 121.206 has been given an opportunity for a public hearing. (b) ...
• Texas Utilities Code Section 121.208 - Pipeline Safety Administrative Penalty: Payment Of Penalty
  Not later than the 30th day after the date the railroad commission's decision or order imposing an administrative penalty becomes final as provided by Section ...
• Texas Utilities Code Section 121.209 - Pipeline Safety Administrative Penalty: Refund Of Payment Or Release Of Bond
  If through judicial review of a decision or order regarding an administrative penalty it is determined that a violation did not occur or that the ...
• Texas Utilities Code Section 121.210 - Recovery By Attorney General
  An administrative penalty owed under Sections 121.206-121.208 may be recovered in a civil action brought by the attorney general at the request of the railroad ...
• Texas Utilities Code Section 121.211 - Pipeline Safety Fees
  (a) The railroad commission by rule may adopt an inspection fee to be assessed annually against operators of natural gas distribution pipelines and their pipeline ...
• Texas Utilities Code Section 121.251 - Railroad Commission To Investigate Use Of Gas Malodorants
  The railroad commission shall investigate the use of malodorants by a person, firm, or corporation in the business of: (1) handling, storing, selling, or distributing ...
• Texas Utilities Code Section 121.252 - Regulation Of Use Of Malodorants
  (a) The railroad commission, by rule as necessary to carry out the purposes of this section, may: (1) require a person, firm, or corporation subject ...
• Texas Utilities Code Section 121.253 - Interstate Transportation Of Gas Excluded
  This subchapter does not apply to gas transported out of this state. Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. ...
• Texas Utilities Code Section 121.301 - Receivership
  (a) On application of the railroad commission, a court having jurisdiction to appoint a receiver may appoint a receiver to control and manage, under the ...
• Texas Utilities Code Section 121.302 - Civil Penalty
  (a) A gas utility is subject to a civil penalty if the gas utility: (1) violates this chapter; (2) fails to perform a duty imposed ...
• Texas Utilities Code Section 121.303 - Penalty Recoverable By Victim Of Discrimination
  (a) A penalty of not less than $100 and not more than $1,000 for each violation is recoverable by any person against whom discrimination prohibited ...
• Texas Utilities Code Section 121.304 - Pollution Or Public Safety Administrative Penalty
  (a) The railroad commission may assess an administrative penalty against a gas utility that violates this chapter, fails to perform a duty imposed by this ...
• Texas Utilities Code Section 121.305 - Pollution Or Public Safety Administrative Penalty: Assessment Procedure
  (a) An administrative penalty may be assessed under Section 121.304 only after a gas utility charged under Section 121.304 has been given an opportunity for ...
• Texas Utilities Code Section 121.306 - Pollution Or Public Safety Administrative Penalty: Payment Of Penalty
  (a) Not later than the 30th day after the date the railroad commission's decision or order imposing an administrative penalty becomes final as provided by ...
• Texas Utilities Code Section 121.307 - Pollution Or Public Safety Administrative Penalty: Appeals
  (a) The district courts of Travis County have exclusive jurisdiction of the appeal of an order or decision of the railroad commission assessing an administrative ...
• Texas Utilities Code Section 121.308 - Pollution Or Public Safety Administrative Penalty: Refund Of Payment Or Release Of Bond
  If through judicial review of a decision or order regarding an administrative penalty it is determined that a violation did not occur or that the ...
• Texas Utilities Code Section 121.309 - Pollution Or Public Safety Administrative Penalty: Recovery
  An administrative penalty owed under Sections 121.304-121.308 may be recovered in a civil action brought by the attorney general at the request of the railroad ...
• Texas Utilities Code Section 121.310 - Criminal Penalty
  (a) A person commits an offense if: (1) the person is an owner, officer, director, agent, or employee of a person or corporation owning, operating, ...
• Texas Utilities Code Section 121.401 - Appeal To Court
  (a) A gas utility or other party at interest may appeal to a court a decision of any rate, classification, rule, charge, order, or act ...
• Texas Utilities Code Section 121.402 - Appeal: Burden And Standard Of Proof
  In a trial under this subchapter, the burden of proof is on the plaintiff, who must show by clear and satisfactory evidence that the rate, ...
• Texas Utilities Code Section 121.403 - Appeal From Trial Court
  An appeal from an action under Section 121.402: (1) is at once returnable to the appellate court; and (2) has precedence in the appellate court ...
• Texas Utilities Code Section 121.451 - Definitions
  In this subchapter: (1) "Affected party" means the owner or occupant of real property located in the radius of exposure, as computed in accordance with ...
• Texas Utilities Code Section 121.452 - Applicability
  This subchapter does not apply to: (1) an extension of an existing sour gas pipeline facility that is in compliance with the railroad commission's rules ...
• Texas Utilities Code Section 121.453 - Permit Application
  (a) A person may not begin construction of a sour gas pipeline facility before the person obtains from the railroad commission a permit to construct ...
• Texas Utilities Code Section 121.454 - Railroad Commission Approval Or Denial
  (a) The railroad commission by order may approve an application for a permit to construct a sour gas pipeline facility if the railroad commission finds ...
• Texas Utilities Code Section 121.5005 - Applicability
  This subchapter applies to a facility of a public elementary or secondary school, including a charter school, or a private elementary or secondary school, but ...
• Texas Utilities Code Section 121.501 - Definition
  In this subchapter, "supplier" means an individual or company that sells and delivers natural gas to a school facility. If more than one individual or ...
• Texas Utilities Code Section 121.502 - Duty To Pressure Test
  (a) A person responsible for a school facility shall perform biennial pressure tests on the natural gas piping system in the school facility. The tests ...
• Texas Utilities Code Section 121.503 - Requirements Of Test
  (a) The person responsible for a school facility shall perform the pressure test to determine whether the natural gas piping downstream of the school facility's ...
• Texas Utilities Code Section 121.504 - Notice Of Test
  (a) A person responsible for a school facility shall provide written notice to the school's supplier specifying the date and result of each pressure test ...
• Texas Utilities Code Section 121.505 - Termination Of Service
  (a) A supplier shall terminate service to a school facility if: (1) the supplier receives official notification from the firm or individual conducting the test ...
• Texas Utilities Code Section 121.506 - Report Of Leakage
  An identified natural gas leakage in a school district facility must be reported to the board of trustees of the district in which the facility ...
• Texas Utilities Code Section 121.507 - Enforcement
  The railroad commission shall enforce this subchapter. Added by Acts 1999, 76th Leg., ch. 62, § 18.14(a), eff. Sept. 1, 1999. ...
• Texas Utilities Code Section 122.001 - Definitions
  In this chapter: (1) "Gas utility" has the meaning assigned by Section 121.001(a)(2) and includes a person without regard to whether the person acquired a ...
• Texas Utilities Code Section 122.051 - Tax Imposed; Rate
  (a) A tax is imposed on each gas utility. (b) The gas utility tax is imposed at the rate of one-half of one percent of ...
• Texas Utilities Code Section 122.052 - Deduction Of Certain Costs
  A gas utility is entitled to deduct from the utility's gross receipts the amount of the cost paid to another person by the utility for ...
• Texas Utilities Code Section 122.101 - Tax Payment
  (a) A gas utility on whom a tax is imposed by this chapter during a calendar quarter shall pay the tax to the railroad commission. ...
• Texas Utilities Code Section 122.102 - Report
  (a) A gas utility on whom a tax is imposed by this chapter during a calendar quarter shall include with the tax payment a report ...
• Texas Utilities Code Section 122.103 - Payment And Report Deadline
  A tax payment and report under this chapter for a calendar quarter are due on or before the 20th day of the second month of ...
• Texas Utilities Code Section 122.104 - Records
  A person on whom a tax is imposed by this chapter shall maintain until the fourth anniversary of the date the tax report and payment ...
• Texas Utilities Code Section 122.151 - Administration By Railroad Commission
  The railroad commission: (1) shall administer and collect the taxes imposed by this chapter; and (2) may adopt rules necessary to administer this chapter and ...
• Texas Utilities Code Section 122.152 - Examination Of Records And Person Doing Business In This State
  To enforce this chapter, the railroad commission may examine: (1) a book, record, or paper of a person permitted to do business in this state, ...
• Texas Utilities Code Section 122.201 - Penalty For Failure To Report Tax
  A person who is required to report a tax imposed by this chapter and fails to report as required by Sections 122.102 and 122.103 shall ...
• Texas Utilities Code Section 122.202 - Penalty For Failure To Pay Tax
  A person who is required to pay a tax imposed by this chapter and fails to pay the tax as required by Sections 122.101 and ...
• Texas Utilities Code Section 122.203 - Penalty For Failure To Report And Pay Tax
  If a person fails to make the report and to pay the tax for a reporting period, only the penalty and additional penalty under Section ...
• Texas Utilities Code Section 122.204 - Minimum Penalty
  If the amount of a penalty or additional penalty computed as provided by this subchapter is less than $5, the amount of the penalty or ...
• Texas Utilities Code Section 122.205 - Interest
  A tax imposed by this chapter that becomes delinquent draws interest at the rate of 12 percent a year beginning on the 60th day after ...
• Texas Utilities Code Section 123.001 - Natural Gas Supply For Agricultural Purposes
  A person, firm, corporation, partnership, association, or cooperative who sells natural gas for irrigation may not reduce the supply of natural gas for an agricultural ...
• Texas Utilities Code Section 123.002 - Exception
  This subchapter does not apply to the extent that the supply of natural gas is required to maintain natural gas service for: (1) use by ...
• Texas Utilities Code Section 123.021 - Short Title
  This subchapter may be cited as the Agriculture Gas Users Act. Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. ...
• Texas Utilities Code Section 123.022 - Definitions
  In this subchapter: (1) "Agriculture energy user" means a person who purchases or uses natural gas for fuel for an irrigation well. (2) "Corporation" means ...
• Texas Utilities Code Section 123.023 - Contract For Natural Gas
  (a) A supplier and an agriculture energy user may by contract establish a price and other terms of service for the furnishing of natural gas. ...
• Texas Utilities Code Section 123.024 - Exception
  This subchapter does not apply to a transaction between an agriculture energy user and a supplier who does not deliver gas to a municipality unless: ...
• Texas Utilities Code Section 124.001 - Definitions
  In this chapter: (1) "Apartment house" means one or more buildings containing more than five dwelling units each of which is rented primarily for nontransient ...
• Texas Utilities Code Section 124.002 - Submetering
  (a) The railroad commission shall adopt rules under which an owner, operator, or manager of a mobile home park or apartment house may purchase natural ...
• Texas Utilities Code Section 161.001 - Short Title
  This chapter may be cited as the Electric Cooperative Corporation Act. Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. ...
• Texas Utilities Code Section 161.002 - Definitions
  In this chapter: (1) "Acquire" means and includes construct, acquire by purchase, lease, devise, or gift, or other mode of acquisition. (2) "Board" means the ...
• Texas Utilities Code Section 161.003 - Construction Of Chapter
  This chapter shall be liberally construed. The enumeration of a purpose, power, method, or thing does not exclude similar purposes, powers, methods, or things. Acts ...
• Texas Utilities Code Section 161.004 - Certain Corporate Names Prohibited
  A corporation organized under the laws of this state or authorized to do business in this state may not use the words "electric cooperative" in ...
• Texas Utilities Code Section 161.005 - Chapter Complete And Controlling
  This chapter is complete in itself and is controlling. Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. ...
• Texas Utilities Code Section 161.051 - Incorporators
  (a) Three or more individuals may act as incorporators of an electric cooperative by executing articles of incorporation as provided by this chapter. (b) An ...
• Texas Utilities Code Section 161.052 - Duration Of Corporation
  An electric cooperative may be created as a perpetual corporation. Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. ...
• Texas Utilities Code Section 161.053 - Name Of Electric Cooperative
  The name of an electric cooperative must: (1) include the words "Electric Cooperative"; (2) include the term "Corporation," "Incorporated," "Inc.," "Association," or "Company"; and (3) ...
• Texas Utilities Code Section 161.054 - Articles Of Incorporation
  (a) The articles of incorporation of an electric cooperative must state: (1) the name of the cooperative; (2) the purpose for which the cooperative is ...
• Texas Utilities Code Section 161.055 - Filing And Recording Of Articles Of Incorporation
  (a) The secretary of state shall receive articles of incorporation of an electric cooperative if the incorporators of the cooperative: (1) apply for filing the ...
• Texas Utilities Code Section 161.056 - Revival Of Articles Of Incorporation
  (a) If the articles of incorporation of an electric cooperative expire by limitation, the cooperative, with the consent of a majority of its members, may ...
• Texas Utilities Code Section 161.057 - Organizational Meeting
  (a) After the certificate of incorporation is issued, the incorporators of an electric cooperative shall meet to adopt bylaws, elect officers, and transact other business ...
• Texas Utilities Code Section 161.058 - Perfecting Defectively Organized Corporation
  (a) An electric cooperative that files defective articles of incorporation or fails to take an action necessary to perfect its corporate organization may: (1) file ...
• Texas Utilities Code Section 161.059 - Nonprofit Operation
  (a) An electric cooperative shall operate without profit to its members. (b) The rates, fees, rents, and other charges for electric energy and other facilities, ...
• Texas Utilities Code Section 161.060 - Members Not Liable For Debts Of Electric Cooperative
  A member is not liable for a debt of an electric cooperative except for: (1) a debt contracted between the member and the cooperative; or ...
• Texas Utilities Code Section 161.061 - License Fee
  Not later than May 1 of each year, each electric cooperative shall pay to the secretary of state a license fee of $10. Acts 1997, ...
• Texas Utilities Code Section 161.062 - Exemption From Excise Taxes
  An electric cooperative is exempt from all excise taxes but is exempt from the franchise tax imposed by Chapter 171, Tax Code, only if the ...
• Texas Utilities Code Section 161.063 - Exemption From Application Of Securities Act
  The Securities Act (Article 581-1 et seq., Vernon's Texas Civil Statutes) does not apply to: (1) an obligation issued to secure a debt of an ...
• Texas Utilities Code Section 161.064 - Bylaws
  (a) The board may adopt, amend, or repeal the bylaws of the cooperative. (b) The bylaws may contain any provision for the regulation and management ...
• Texas Utilities Code Section 161.065 - Membership
  (a) A person is eligible to become a member of an electric cooperative if the person has a dwelling, structure, apparatus, or point of delivery ...
• Texas Utilities Code Section 161.066 - Certificate Of Membership
  (a) An electric cooperative shall issue a certificate of membership to a member who pays the member's membership fee in full. (b) A certificate of ...
• Texas Utilities Code Section 161.067 - Meetings Of Members
  (a) An electric cooperative may hold a meeting of its members at a place provided in the bylaws. If the bylaws do not provide for ...
• Texas Utilities Code Section 161.068 - Notice Of Members' Meeting
  (a) Written notice of each meeting of the members shall be delivered to each member of record, either personally or by mail, not earlier than ...
• Texas Utilities Code Section 161.069 - Quorum Of Members
  Unless otherwise provided by the articles of incorporation, a quorum for the transaction of business at a meeting of the members of an electric cooperative ...
• Texas Utilities Code Section 161.070 - Voting By Members
  Each member present at a meeting of the members is entitled to one vote on each matter submitted to a vote at the meeting. The ...
• Texas Utilities Code Section 161.071 - Board Of Directors
  (a) The business and affairs of an electric cooperative shall be managed by a board of directors. The board consists of at least three directors. ...
• Texas Utilities Code Section 161.072 - Election Of Directors; Vacancies
  (a) The incorporators of an electric cooperative named in the articles of incorporation shall serve as directors until the first annual meeting of the members, ...
• Texas Utilities Code Section 161.073 - Compensation Of Directors
  A director of an electric cooperative is entitled to the compensation and reimbursement for expenses actually and necessarily incurred by the director as provided by ...
• Texas Utilities Code Section 161.074 - Quorum Of Directors
  (a) A majority of the directors is a quorum unless the articles of incorporation or the bylaws provide that a greater number of the directors ...
• Texas Utilities Code Section 161.075 - Board Meetings
  (a) The board shall hold a regular or special board meeting at the place and on the notice prescribed by the bylaws. (b) The attendance ...
• Texas Utilities Code Section 161.076 - Officers, Agents, And Employees
  (a) The board shall elect from the board's membership a president, a vice president, a secretary, and a treasurer. The terms of office, powers, duties, ...
• Texas Utilities Code Section 161.077 - Executive Committee
  (a) The bylaws of an electric cooperative may authorize the board to elect an executive committee from the board's membership. (b) The board may delegate ...
• Texas Utilities Code Section 161.078 - Indemnification
  An electric cooperative may indemnify and provide indemnity insurance in the same manner and to the same extent as a nonprofit corporation under Article 2.22A, ...
• Texas Utilities Code Section 161.079 - Applicability Of Chapter To Corporations Organized Under Other Law
  A cooperative or nonprofit corporation or association organized under any other law of this state for the purpose of engaging in rural electrification may, by ...
• Texas Utilities Code Section 161.121 - General Powers
  An electric cooperative may: (1) sue and be sued in its corporate name; (2) adopt and alter a corporate seal and use the seal or ...
• Texas Utilities Code Section 161.122 - Provision Of Rural Electrification
  An electric cooperative may engage in rural electrification by: (1) furnishing electric energy to any person for delivery to a dwelling, structure, apparatus, or point ...
• Texas Utilities Code Section 161.123 - Powers Relating To Provision Of Electric Energy
  An electric cooperative may: (1) generate, acquire, and accumulate electric energy and transmit, distribute, sell, furnish, and dispose of that electric energy to its members ...
• Texas Utilities Code Section 161.124 - Provision Of Electric Energy To Certain Nonmember Entities
  An electric cooperative may generate, acquire, and accumulate electric energy and transmit, distribute, sell, furnish, and dispose of that electric energy to any of the ...
• Texas Utilities Code Section 161.125 - Eminent Domain
  An electric cooperative may exercise the power of eminent domain in the manner provided by state law for acquiring private property for public use. The ...
• Texas Utilities Code Section 161.151 - Amendment Of Articles Of Incorporation
  (a) An electric cooperative may amend its articles of incorporation by a majority vote of the members of the cooperative present in person or represented ...
• Texas Utilities Code Section 161.152 - Articles Of Amendment
  (a) Articles of amendment of an electric cooperative must be: (1) signed by the president or vice president and attested by the secretary, certifying to ...
• Texas Utilities Code Section 161.201 - Consolidation
  (a) Two or more electric cooperatives may enter into an agreement to consolidate the cooperatives. The agreement must state: (1) the terms of the consolidation; ...
• Texas Utilities Code Section 161.202 - Articles Of Consolidation
  (a) The articles of consolidation must: (1) conform substantially to original articles of incorporation of an electric cooperative; and (2) be executed, acknowledged, filed, and ...
• Texas Utilities Code Section 161.251 - Dissolution
  (a) An electric cooperative may be dissolved by a majority vote of its members present in person or represented by proxy at a regular meeting ...
• Texas Utilities Code Section 161.252 - Existence Following Dissolution
  (a) A dissolved electric cooperative continues to exist to: (1) satisfy existing liabilities or obligations; (2) collect or liquidate its assets; and (3) take any ...
• Texas Utilities Code Section 161.253 - Distribution Of Net Assets On Dissolution
  Assets of a dissolved electric cooperative that remain after all liabilities or obligations of the cooperative have been satisfied shall be distributed pro rata to ...
• Texas Utilities Code Section 161.254 - Dissolution Of Defectively Incorporated Electric Cooperative
  (a) An electric cooperative that purports to have been incorporated or reincorporated under this chapter but that has not complied with a requirement for legal ...
• Texas Utilities Code Section 162.001 - Short Title
  This chapter may be cited as the Telephone Cooperative Act. Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. ...
• Texas Utilities Code Section 162.002 - Purpose
  A cooperative, nonprofit corporation may be organized under this chapter to furnish communication service to the widest practicable number of users of that service. Acts ...
• Texas Utilities Code Section 162.003 - Definitions
  In this chapter: (1) "Board" means the board of directors of a telephone cooperative. (2) "Communication service" means: (A) the transmission or reception of information, ...
• Texas Utilities Code Section 162.004 - Certain Corporate Names Prohibited
  A corporation organized under the laws of this state or authorized to do business in this state may not use the words "telephone cooperative" in ...
• Texas Utilities Code Section 162.005 - Effect Of Recording Certain Mortgages Executed By Telephone Cooperatives
  (a) An instrument executed by a telephone cooperative or a foreign corporation doing business in this state under this chapter that affects real and personal ...
• Texas Utilities Code Section 162.006 - Construction Standards
  A telephone cooperative that constructs communication lines or facilities must at a minimum comply with the standards of the National Electrical Safety Code in effect ...
• Texas Utilities Code Section 162.051 - Incorporators
  (a) Three or more individuals may act as incorporators of a telephone cooperative by executing articles of incorporation as provided by this chapter. (b) An ...
• Texas Utilities Code Section 162.052 - Duration Of Corporation
  A telephone cooperative may be created as a perpetual corporation. Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. ...
• Texas Utilities Code Section 162.053 - Name Of Telephone Cooperative
  The name of a telephone cooperative must: (1) include the words "telephone" and "cooperative" and the abbreviation "Inc."; and (2) be distinct from the name ...
• Texas Utilities Code Section 162.054 - Articles Of Incorporation
  (a) The articles of incorporation of a telephone cooperative must: (1) state that the articles are executed under this chapter; (2) be signed by each ...
• Texas Utilities Code Section 162.055 - Filing And Recording Of Articles Of Incorporation
  (a) The secretary of state shall receive articles of incorporation of a telephone cooperative if the incorporators of the cooperative: (1) apply for filing the ...
• Texas Utilities Code Section 162.056 - Revival Of Articles Of Incorporation
  (a) If the articles of incorporation of a telephone cooperative expire by limitation, the cooperative, with the consent of a majority of its members, may ...
• Texas Utilities Code Section 162.057 - Organizational Meeting
  (a) After the certificate of incorporation is issued, the incorporators of a telephone cooperative shall meet to adopt bylaws, elect officers, and transact other business ...
• Texas Utilities Code Section 162.058 - Perfecting Defectively Organized Corporations
  (a) A telephone cooperative that files defective articles of incorporation or fails to take an action necessary to perfect its corporate organization may: (1) file ...
• Texas Utilities Code Section 162.059 - Nonprofit Operation
  (a) A telephone cooperative shall be operated on a nonprofit basis for the mutual benefit of its members and patrons. (b) A cooperative's bylaws and ...
• Texas Utilities Code Section 162.060 - Members Not Liable For Debts Of Telephone Cooperative
  A member is not liable for a debt of a telephone cooperative, and the member's property is not subject to execution for that debt. Acts ...
• Texas Utilities Code Section 162.061 - License Fee
  Not later than July 1 of each year, each telephone cooperative doing business in this state shall pay to the secretary of state a fee ...
• Texas Utilities Code Section 162.062 - Exemption From Excise Taxes
  A telephone cooperative doing business in this state is exempt from all excise taxes but is exempt from the franchise tax imposed by Chapter 171, ...
• Texas Utilities Code Section 162.063 - Exemption From Application Of Securities Act
  The Securities Act (Article 581-1 et seq., Vernon's Texas Civil Statutes) does not apply to: (1) a note, bond, or other evidence of indebtedness issued ...
• Texas Utilities Code Section 162.064 - Bylaws
  (a) The board shall adopt the initial bylaws of a telephone cooperative to be adopted following: (1) an incorporation; (2) a consolidation; or (3) an ...
• Texas Utilities Code Section 162.065 - Membership
  (a) Each incorporator of a telephone cooperative is a member of the cooperative. A person other than an incorporator may become a member of a ...
• Texas Utilities Code Section 162.066 - Patrons
  (a) A member is a patron of a telephone cooperative if the member purchases local telecommunications service or toll telecommunications service or pays end user ...
• Texas Utilities Code Section 162.067 - Meetings Of Members
  (a) A telephone cooperative shall hold an annual meeting of members at the time and place provided by the bylaws. Failure to hold the annual ...
• Texas Utilities Code Section 162.068 - Notice Of Members' Meeting
  (a) Except as otherwise provided by this chapter, written notice of each meeting of the members shall be given to each member, either personally or ...
• Texas Utilities Code Section 162.069 - Waiver Of Notice
  A person entitled to notice of a meeting may waive notice in writing either before or after the meeting. If a person entitled to notice ...
• Texas Utilities Code Section 162.070 - Members' Meeting: Quorum And Voting
  (a) Unless the bylaws prescribe a greater percentage or number of members for a quorum, a quorum at a meeting of the members of a ...
• Texas Utilities Code Section 162.071 - Board Of Directors
  (a) A board of at least five directors shall manage the business of a telephone cooperative. Each director must be a member of the cooperative. ...
• Texas Utilities Code Section 162.072 - Election Of Directors; Terms
  (a) The incorporators of a telephone cooperative named in the articles of incorporation shall serve as directors and hold office until the first annual meeting ...
• Texas Utilities Code Section 162.073 - Compensation Of Directors
  (a) A director may not receive a salary for services as a director. Except in an emergency, a director may not receive a salary for ...
• Texas Utilities Code Section 162.074 - Insurance For Directors
  A telephone cooperative may provide liability, accident, life, and health insurance coverage for a director who chooses to have that coverage. Acts 1997, 75th Leg., ...
• Texas Utilities Code Section 162.075 - Board Meetings; Quorum
  (a) The bylaws shall prescribe the manner of holding board meetings. (b) A majority of the directors is a quorum. Acts 1997, 75th Leg., ch. ...
• Texas Utilities Code Section 162.076 - Districts
  (a) The bylaws may provide for the territory served or to be served by a telephone cooperative to be divided into two or more districts ...
• Texas Utilities Code Section 162.077 - Officers, Agents, And Employees
  (a) The board of a telephone cooperative shall annually elect from the board's membership a president, a vice president, a secretary, and a treasurer. (b) ...
• Texas Utilities Code Section 162.078 - Executive Committee
  (a) The bylaws of a telephone cooperative may authorize the board to elect an executive committee from the board's membership. (b) The board may delegate ...
• Texas Utilities Code Section 162.079 - Indemnification
  Article 2.22A, Texas Non-Profit Corporation Act (Article 1396-2.22A, Vernon's Texas Civil Statutes), applies to a telephone cooperative in the same manner as if the cooperative ...
• Texas Utilities Code Section 162.080 - Change Of Location Of Principal Office
  (a) A telephone cooperative may, with the authorization of the board or the members, change the location of its principal office by filing a certificate ...
• Texas Utilities Code Section 162.081 - Director, Officer, Or Member Acting As Notary
  A person who is an officer, director, or member of a telephone cooperative and who is authorized to take acknowledgments under state law is not ...
• Texas Utilities Code Section 162.082 - Applicability To Corporations Organized Under Other Law
  A cooperative or nonprofit corporation or association organized under any other law of this state for the purpose of furnishing communication service may, by a ...
• Texas Utilities Code Section 162.121 - General Powers
  A telephone cooperative may: (1) sue and be sued in its corporate name; (2) adopt and alter a corporate seal and use the seal or ...
• Texas Utilities Code Section 162.122 - Powers Relating To Provision Of Communication Service
  (a) A telephone cooperative may: (1) furnish and improve communication service to its members, to governmental agencies and political subdivisions, to any number of subscribers ...
• Texas Utilities Code Section 162.123 - Connection And Interconnection Of Facilities
  A telephone cooperative doing business in this state may require a person furnishing communication service to the public in this state to interconnect that person's ...
• Texas Utilities Code Section 162.124 - Eminent Domain
  A telephone cooperative may exercise the power of eminent domain in the manner provided by state law for the exercise of that power by other ...
• Texas Utilities Code Section 162.125 - Encumbrance And Disposition Of Property Without Members' Authorization
  (a) The board of a telephone cooperative may, without authorization of the members, authorize the execution and delivery of a mortgage or deed of trust ...
• Texas Utilities Code Section 162.126 - Encumbrance, Lease, And Disposition Of Property With Members' Authorization
  (a) Except as provided by Section 162.125, a telephone cooperative may not dispose of, lease, or encumber all or a major portion of its property ...
• Texas Utilities Code Section 162.151 - Amendment Of Articles Of Incorporation
  A telephone cooperative may amend its articles of incorporation in accordance with this subchapter. Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, ...
• Texas Utilities Code Section 162.152 - Presentation And Approval Of Proposed Amendment
  (a) A proposed amendment to the articles of incorporation must be presented to a meeting of the members. The notice of the meeting must state ...
• Texas Utilities Code Section 162.153 - Articles Of Amendment
  (a) The president or vice president, on behalf of the telephone cooperative, shall execute and acknowledge the approved articles of amendment. The cooperative's seal must ...
• Texas Utilities Code Section 162.154 - Filing Of Articles Of Amendment
  (a) Articles of amendment shall be filed with the secretary of state in the same manner as the original articles of incorporation. (b) The secretary ...
• Texas Utilities Code Section 162.201 - Consolidation
  (a) Two or more telephone cooperatives may enter into an agreement to consolidate the cooperatives. The agreement must state: (1) the terms of the consolidation; ...
• Texas Utilities Code Section 162.202 - Articles Of Consolidation
  (a) The articles of consolidation must: (1) conform substantially to original articles of incorporation of a telephone cooperative; and (2) be executed, acknowledged, filed, and ...
• Texas Utilities Code Section 162.203 - Merger
  (a) One or more telephone cooperatives may merge into another cooperative as provided by this section and Section 162.204. (b) The proposition for the merger ...
• Texas Utilities Code Section 162.204 - Articles Of Merger
  (a) The president or vice president of each telephone cooperative, on behalf of the telephone cooperative, shall execute and acknowledge the approved articles of merger. ...
• Texas Utilities Code Section 162.205 - Effect Of Consolidation Or Merger
  (a) In a consolidation the existence of each telephone cooperative ceases and the articles of consolidation are considered to be the articles of incorporation of ...
• Texas Utilities Code Section 162.251 - Conversion Of Corporation Into Telephone Cooperative
  (a) A corporation organized under the laws of this state that furnishes or is authorized to furnish communication service may be converted into a telephone ...
• Texas Utilities Code Section 162.252 - Articles Of Conversion
  (a) The president or vice president, on behalf of the corporation, shall execute and acknowledge the approved articles of conversion. The corporation's seal must be ...
• Texas Utilities Code Section 162.253 - Consolidation And Conversion Of Corporations Into Telephone Cooperative
  (a) Two or more corporations organized under the laws of this state that furnish or are authorized to furnish communication service may, if otherwise permitted ...
• Texas Utilities Code Section 162.254 - Articles Of Consolidation And Conversion
  (a) The approved articles of consolidation and conversion: (1) shall be executed, acknowledged, and sealed as prescribed by Section 162.252 and by the law under ...
• Texas Utilities Code Section 162.301 - Dissolution
  (a) A telephone cooperative may be dissolved by a two-thirds vote of all the members of the cooperative. The vote must be taken at a ...
• Texas Utilities Code Section 162.302 - Existence Following Dissolution
  (a) A dissolved telephone cooperative continues to exist to: (1) satisfy existing liabilities or obligations; (2) collect or liquidate its assets; and (3) take any ...
• Texas Utilities Code Section 162.303 - Distribution Of Net Assets On Dissolution
  Assets of a dissolved telephone cooperative that remain after all liabilities or obligations of the cooperative have been satisfied shall be distributed as follows: (1) ...
• Texas Utilities Code Section 162.304 - Dissolution Of Defectively Incorporated Telephone Cooperative
  (a) A telephone cooperative that purports to have been incorporated or reincorporated under this chapter but that has not complied with a requirement for legal ...
• Texas Utilities Code Section 163.001 - Definitions
  In this chapter: (1) "Electric facility" means a facility necessary or incidental to generating or transmitting electric power and energy, including: (A) a generating unit ...
• Texas Utilities Code Section 163.002 - Report On Problems
  (a) The commission shall analyze the financial problems of the municipal power agency described by Subsection (b). Before September 1, 2000, the commission shall present ...
• Texas Utilities Code Section 163.011 - Effect Of Subchapter
  This subchapter does not affect: (1) the statutory purposes prescribed by state law relating to creating, establishing, or operating an entity that co-owns a facility; ...
• Texas Utilities Code Section 163.012 - Authority To Make Agreements
  Public and private entities may by agreement jointly plan, finance, acquire, construct, own, operate, and maintain electric facilities to: (1) achieve economies of scale in ...
• Texas Utilities Code Section 163.013 - General Rights, Powers, And Duties Of Entities
  (a) A participating entity may: (1) use its means and assets to plan, acquire, construct, own, operate, and maintain its interest in an electric facility; ...
• Texas Utilities Code Section 163.014 - Use Of Eminent Domain
  (a) A participating entity has the power of eminent domain to be exercised as provided by this section. (b) The use of eminent domain authority ...
• Texas Utilities Code Section 163.015 - Taxation
  (a) A participating private entity shall render for ad valorem taxation its undivided fractional interest in a jointly owned electric facility. An ad valorem or ...
• Texas Utilities Code Section 163.016 - Insurance
  A participating entity may: (1) contract for insurance, including specialized insurance for property and risks relating to the ownership, operation, and maintenance of electric facilities; ...
• Texas Utilities Code Section 163.051 - Definitions
  In this subchapter: (1) "Agency" means a municipal power agency created under this subchapter. (2) "Bond" includes a note, but does not include a nonnegotiable ...
• Texas Utilities Code Section 163.052 - Construction
  This subchapter shall be liberally construed to carry out its purpose. Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. ...
• Texas Utilities Code Section 163.053 - Conflicts With Other Law
  This subchapter prevails to the extent of a conflict between this subchapter and any other law, including: (1) a law regulating the affairs of a ...
• Texas Utilities Code Section 163.054 - Creation Of Agency
  (a) Public entities may create an agency by concurrent ordinances subject to voter approval. (b) A public entity may join in the creation of an ...
• Texas Utilities Code Section 163.055 - Re-Creation Of Agency
  (a) The public entities that create an agency may by concurrent ordinances re-create the agency by adding or deleting, or both, a public entity. (b) ...
• Texas Utilities Code Section 163.056 - Notice
  (a) The governing body of each public entity shall publish notice of its intention to create an agency once a week for two consecutive weeks. ...
• Texas Utilities Code Section 163.057 - Contents Of Concurrent Ordinance
  A concurrent ordinance creating an agency under Section 163.054 or re-creating an agency under Section 163.055 must, as adopted by each public entity: (1) contain ...
• Texas Utilities Code Section 163.058 - Election
  (a) An agency may not be created unless the creation is approved by a majority of the qualified voters of each public entity creating the ...
• Texas Utilities Code Section 163.059 - Board Of Directors
  (a) The agency shall be governed by a board of directors. The board is responsible for the management, operation, and control of the property belonging ...
• Texas Utilities Code Section 163.060 - Powers
  (a) An agency may not engage in any utility business other than the generation, transmission, and sale or exchange of electric energy to: (1) a ...
• Texas Utilities Code Section 163.061 - Construction Contracts
  (a) Except as provided by Subsection (c), an agency may award a contract for construction of an improvement that involves the expenditure of more than ...
• Texas Utilities Code Section 163.062 - Sale Or Exchange Of Electric Energy
  (a) An agency may participate through appropriate contracts in power pooling and power exchange agreements with other entities through direct or indirect system interconnections. (b) ...
• Texas Utilities Code Section 163.063 - Rates And Charges
  (a) An agency may establish and maintain rates and charges for electric power and energy the agency delivers, transmits, or exchanges. The rates and charges ...
• Texas Utilities Code Section 163.064 - Revenue Bonds
  (a) The agency may issue revenue bonds to accomplish the purposes of the agency. (b) The agency may pledge to the payment of the obligations ...
• Texas Utilities Code Section 163.065 - Refunding Bonds
  The agency may issue refunding bonds. Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. ...
• Texas Utilities Code Section 163.066 - Issuance, Form, And Provisions Of Bonds
  (a) Agency bonds that are payable from agency revenues or anticipated bond proceeds and the records relating to their issuance must be submitted to the ...
• Texas Utilities Code Section 163.067 - Nonnegotiable Purchase Money Notes
  (a) The agency may issue nonnegotiable purchase money notes to acquire land or fuel resources. (b) Nonnegotiable purchase money notes are: (1) payable in installments; ...
• Texas Utilities Code Section 163.068 - Bond Anticipation Notes
  (a) The agency may issue bond anticipation notes: (1) for any purpose for which the agency may issue bonds; or (2) to refund previously issued ...
• Texas Utilities Code Section 163.101 - Creation
  (a) Notwithstanding Section 163.054, two or more public entities may create a municipal power agency governed by Subchapter C if the entities: (1) are municipalities; ...
• Texas Utilities Code Section 163.102 - Powers
  (a) An agency created under this subchapter may: (1) generate and transmit electric power and energy inside and outside this state; (2) sell, purchase, or ...
• Texas Utilities Code Section 163.121 - Creation
  An electric cooperative corporation may join one or more public entities to create a joint powers agency as if the corporation were also a public ...
• Texas Utilities Code Section 163.122 - Application Of Open Meetings Law
  A joint powers agency created under this subchapter is a governmental body subject to Chapter 551, Government Code. Acts 1997, 75th Leg., ch. 166, § ...
• Texas Utilities Code Section 163.123 - Authority Of Public Utility Commission
  A joint powers agency created under this subchapter is: (1) subject to all applicable provisions of Title 2; and (2) under the jurisdiction of the ...
• Texas Utilities Code Section 163.124 - Power To Issue Certain Bonds Or Securities
  This subchapter does not authorize an electric cooperative corporation to issue bonds or other securities that are tax exempt under federal law. Acts 1997, 75th ...
• Texas Utilities Code Section 164.001 - Joint Ownership Of Electric Utility Facilities Authorized
  (a) Political subdivisions may join together to finance, construct, complete, acquire, or operate electric utility facilities so that the facilities or an undivided interest in ...
• Texas Utilities Code Section 164.002 - Public Purpose
  The exercise by a political subdivision of the authority granted by this chapter, including the exercise of the power to issue bonds, notes, or other ...
• Texas Utilities Code Section 164.003 - Approval Of Agreement By Attorney General
  (a) An agreement between political subdivisions establishing an interest in electric utility facilities that is executed under this chapter shall be submitted to the attorney ...
• Texas Utilities Code Section 164.004 - Increase In Ownership Shares
  (a) An agreement under this chapter may provide for a political subdivision to increase its present or future ownership share of the electric utility facilities ...
• Texas Utilities Code Section 164.005 - Contractual Obligations As Lien On System Revenue
  (a) If the electric utility facilities financed, acquired, constructed, or completed are a part of a utility system of a political subdivision, the obligation to ...
• Texas Utilities Code Section 164.006 - Construction With Other Laws
  To provide full authority for the execution of an agreement under this chapter, this chapter applies to a municipality as if this chapter were originally ...
• Texas Utilities Code Section 181.001 - Definitions
  In this chapter: (1) "Corporation" includes: (A) a partnership, limited partnership, or master limited partnership; (B) a combination of business entities composed exclusively of corporations ...
• Texas Utilities Code Section 181.002 - Corporate Powers
  A gas or electric corporation has the powers and rights of a corporation organized for profit in this state whenever those powers and duties may ...
• Texas Utilities Code Section 181.003 - Authority To Borrow Money, Issue Stock, Or Mortgage Property
  A gas or electric corporation has the right to: (1) borrow money; (2) issue stock, including preferred stock; or (3) mortgage a franchise or other ...
• Texas Utilities Code Section 181.004 - Condemnation Of Property
  A gas or electric corporation has the right and power to enter on, condemn, and appropriate the land, right-of-way, easement, or other property of any ...
• Texas Utilities Code Section 181.005 - Authority To Lay And Maintain Lines
  A gas corporation has the right to lay and maintain lines over and across a public road, a railroad, railroad right-of-way, an interurban railroad, a ...
• Texas Utilities Code Section 181.006 - Consent Required In Municipality
  A gas corporation may exercise authority under Section 181.005 in relation to a municipal street or alley with the consent of and subject to the ...
• Texas Utilities Code Section 181.007 - Authority To Hold Land Or Other Property
  A gas or electric corporation has the power to own, hold, or use land, a right-of-way, an easement, a franchise, or a building or other ...
• Texas Utilities Code Section 181.008 - Authority Relating To Transport Or Sale
  (a) A gas or electric corporation has the power to generate, make, manufacture, transport, and sell gas, electric current, and power to an individual, the ...
• Texas Utilities Code Section 181.009 - Discrimination Prohibited
  A gas or electric corporation may not discriminate against a person, corporation, firm, association, or location in: (1) charging for gas, electric current, or power; ...
• Texas Utilities Code Section 181.021 - Definitions
  In this subchapter: (1) "Gas facility" means a pipe, main, conductor, or other facility or fixture used to carry gas. (2) "Gas utility" means a ...
• Texas Utilities Code Section 181.022 - Authority To Lay And Maintain Gas Facility
  A gas utility has the right to lay and maintain a gas facility through, under, along, across, or over a public highway, a public road, ...
• Texas Utilities Code Section 181.023 - Consent Required In Municipality
  A gas utility may exercise authority under Section 181.022 in a municipality with the consent of and subject to the direction of the governing body ...
• Texas Utilities Code Section 181.024 - Notice To State Or County
  (a) A gas utility proposing under this subchapter to locate a gas facility in the right-of-way of a state highway or a county road not ...
• Texas Utilities Code Section 181.025 - Relocation Of Gas Facility To Allow Change To Traffic Lane
  (a) The authority of the Texas Transportation Commission under this section is limited to a gas facility on a state highway not in a municipality. ...
• Texas Utilities Code Section 181.026 - Effect Of Municipal Incorporation On Gas Facility Previously Laid
  A gas utility having a gas facility located in an area that becomes incorporated after the facility is in place may continue to exercise in ...
• Texas Utilities Code Section 181.041 - Definitions
  In this subchapter: (1) "Electric utility" means: (A) an electric cooperative organized under Chapter 161; (B) a corporation or river authority, if the river authority ...
• Texas Utilities Code Section 181.042 - Authority To Construct, Maintain, And Operate Lines
  An electric utility has the right to construct, maintain, and operate lines over, under, across, on, or along a state highway, a county road, a ...
• Texas Utilities Code Section 181.043 - Consent Required In Municipality
  (a) An electric utility may exercise authority under Section 181.042 in a municipality with the consent of and subject to the direction of the governing ...
• Texas Utilities Code Section 181.044 - Notice To State Or County
  (a) An electric utility proposing under this subchapter to construct a line along the right-of-way of a state highway or a county road not in ...
• Texas Utilities Code Section 181.045 - Standards For Construction, Operation, And Maintenance Of Lines
  (a) A municipal electric utility shall construct, operate, and maintain its lines for the transmission and distribution of electric energy along highways and at other ...
• Texas Utilities Code Section 181.046 - Relocation Of Line To Allow Road Or Ditch Improvement
  (a) The authority of the Texas Transportation Commission under this section is limited to a line on a state highway not in a municipality. The ...
• Texas Utilities Code Section 181.047 - Effect Of Municipal Incorporation On Line Previously Constructed
  (a) An electric utility that owns a line on a state highway or county road in a city or town that, at the time of ...
• Texas Utilities Code Section 181.061 - Definition
  In this subchapter, "telegraph company" includes a person, firm, corporation, or association engaged in the business of accepting and transmitting messages to and from different ...
• Texas Utilities Code Section 181.062 - Telegraph Connections
  A telegraph company engaged in business at the same location or in the same municipality as another telegraph company shall provide: (1) means through which ...
• Texas Utilities Code Section 181.063 - Exceptions
  (a) A telegraph company is not required to transfer a message to another line if: (1) the message originated on the company's line; and (2) ...
• Texas Utilities Code Section 181.064 - Hearing And Determination
  (a) The governing body of a municipality or, for an unincorporated area, the commissioners court of the county, shall on its own motion or on ...
• Texas Utilities Code Section 181.065 - Penalty
  (a) A telegraph company shall comply with an order of a municipality's governing body or a commissioners court requiring the company to arrange for transfer ...
• Texas Utilities Code Section 181.066 - Appeal
  (a) A telegraph company ordered to transfer messages under this subchapter has the right to appeal to the court having jurisdiction over the matter. (b) ...
• Texas Utilities Code Section 181.081 - Definitions
  In this subchapter: (1) "Facility" means a pole, pier, abutment, wire, or other fixture related to a telephone or magnetic telegraph line. (2) "Telegraph corporation" ...
• Texas Utilities Code Section 181.082 - Authority To Install Facility In Relation To Public Property
  A telephone or telegraph corporation may install a facility of the corporation along, on, or across a public road, a public street, or public water ...
• Texas Utilities Code Section 181.083 - Authority To Construct Line On Private Property
  A telephone or telegraph corporation may enter land in which a private person or a corporation owns a fee or lesser estate to: (1) make ...
• Texas Utilities Code Section 181.084 - Appropriation Or Condemnation Of Land
  A telephone or telegraph corporation has the right to: (1) appropriate as much land owned by a private person or a corporation as is necessary ...
• Texas Utilities Code Section 181.085 - Prohibition On Land Contract Excluding Another Telegraph Utility
  A telegraph corporation may not contract with an owner of land for the right to construct and maintain a telegraph line over the land to ...
• Texas Utilities Code Section 181.086 - Lines In Or Outside State
  A telegraph corporation may construct, own, use, or maintain a telegraph line in or outside this state. Acts 1997, 75th Leg., ch. 166, § 1, ...
• Texas Utilities Code Section 181.087 - Use Of Another's Telegraph Line
  (a) A telegraph corporation may: (1) lease the telegraph line of another telegraph corporation; (2) as the result of a lease or purchase, attach to ...
• Texas Utilities Code Section 181.088 - Consolidation Of Utilities
  (a) A telephone or telegraph corporation organized under the law of this state may consolidate or otherwise unite with one or more other companies organized ...
• Texas Utilities Code Section 181.089 - Municipal Regulation
  (a) The appropriate authorities of a municipality through which a line of a telephone or telegraph corporation is to pass may adopt, by ordinance or ...
• Texas Utilities Code Section 181.101 - Definitions
  In this subchapter: (1) "Equipment" means a line, wire, cable, pipe, conduit, conductor, pole, or other facility for the transmission of community antenna or cable ...
• Texas Utilities Code Section 181.102 - Authority To Install And Maintain Equipment
  (a) In an unincorporated area, a person in the business of providing community antenna or cable television service to the public may install and maintain ...
• Texas Utilities Code Section 181.103 - Notice To State Or County
  (a) A person proposing to install equipment under Section 181.102 in the right-of-way of a state highway or a county road shall give notice of ...
• Texas Utilities Code Section 181.104 - Relocation Of Equipment To Allow Change To Traffic Lane
  (a) The authority of the Texas Department of Transportation under this section is limited to equipment installed in connection with a state highway. The authority ...
• Texas Utilities Code Section 181.901 - Authority Of General-Law Municipality To Protect Utility
  (a) The governing body of a general-law municipality may adopt an ordinance that applies to a utility using the streets and public grounds of the ...
• Texas Utilities Code Section 181.902 - Authority Of General-Law Municipality To Prevent Use Or Waste Of Utility Commodity Or Service
  (a) The governing body of a general-law municipality may adopt an ordinance that prevents the free or unauthorized use or the waste of a commodity ...
• Texas Utilities Code Section 182.001 - Definitions
  In this subchapter: (1) "Elderly individual" means an individual who is 60 years of age or older. (2) "Utility" means an electric, gas, water, or ...
• Texas Utilities Code Section 182.002 - Delay Of Bill Payment Date For Elderly Individual
  (a) On request by an elderly individual, a utility shall delay without penalty the payment date of a bill for providing utility service to that ...
• Texas Utilities Code Section 182.003 - Request For Delay
  An elderly individual may request that the utility implement the delay under Section 182.002 for: (1) the most recent utility bill; or (2) the most ...
• Texas Utilities Code Section 182.004 - Proof Of Age
  A utility may require an individual requesting a delay under this subchapter to present reasonable proof that the individual is 60 years of age or ...
• Texas Utilities Code Section 182.005 - Certain Utilities Not Affected
  This subchapter does not apply to a utility that: (1) does not assess a late payment charge on a residential customer; (2) does not suspend ...
• Texas Utilities Code Section 182.051 - Definitions
  In this subchapter: (1) "Consumer reporting agency" means a person who, for a monetary fee or payment of dues, or on a cooperative nonprofit basis, ...
• Texas Utilities Code Section 182.052 - Confidentiality Of Personal Information
  (a) Except as provided by Section 182.054, a government-operated utility may not disclose personal information in a customer's account record, or any information relating to ...
• Texas Utilities Code Section 182.053 - Fee
  A government-operated utility may charge each customer who requests confidentiality under this subchapter a fee not to exceed the administrative cost of complying with the ...
• Texas Utilities Code Section 182.054 - Exceptions
  This subchapter does not prohibit a government-operated utility from disclosing personal information in a customer's account record to: (1) an official or employee of the ...
• Texas Utilities Code Section 182.055 - No Civil Liability From Violation
  A government-operated utility or an officer or employee of a government-operated utility is immune from civil liability for a violation of this subchapter. Acts 1997, ...
• Texas Utilities Code Section 182.101 - Definitions
  In this subchapter: (1) "Consumer" means a person who obtains electricity or gas from a utility. (2) "Gas" includes natural gas and artificial gas. (3) ...
• Texas Utilities Code Section 182.102 - Testing Of Meter
  (a) On complaint by a consumer to the governing body of a municipality, an agent or employee of the municipality shall examine, read, and test ...
• Texas Utilities Code Section 182.103 - Utility Representative; Notice
  A utility representative may be present during a meter test. The municipality shall provide notice to a utility regarding the testing of a meter not ...
• Texas Utilities Code Section 182.104 - Offense
  (a) A utility or other person commits an offense if the utility or other person fails or refuses to allow an agent or employee of ...
• Texas Utilities Code Section 183.001 - Definitions
  In this chapter: (1) "Commission" means the Public Utility Commission of Texas. (2) "Utility" means a person, firm, company, corporation, receiver, or trustee who furnishes ...
• Texas Utilities Code Section 183.002 - Interest On Deposit
  A utility that requires the user of a service to pay a money deposit as a condition to furnishing the service shall pay interest on ...
• Texas Utilities Code Section 183.003 - Rate Of Interest
  The commission each December 1, or the next regular workday if December 1 is a Saturday, Sunday, or legal holiday, shall set the annual interest ...
• Texas Utilities Code Section 183.004 - Interest Payment To Depositor
  A utility shall pay interest on the deposit to the depositor or the depositor's heirs or assigns annually on demand or sooner if the service ...
• Texas Utilities Code Section 183.005 - Return Of Deposit
  (a) When the service is discontinued, the utility shall return the deposit and any unpaid interest on the deposit to the depositor or the depositor's ...
• Texas Utilities Code Section 183.006 - Criminal Penalty
  (a) A person commits an offense if the person violates this chapter. (b) An offense under this section is punishable by: (1) a fine of ...
• Texas Utilities Code Section 184.001 - Definition
  In this chapter, "commission" means the Public Utility Commission of Texas. Acts 1997, 75th Leg., ch. 166, § 1, eff. Sept. 1, 1997. ...
• Texas Utilities Code Section 184.011 - Definitions
  In this subchapter: (1) "Apartment house" means one or more buildings containing more than five dwelling units each of which is rented primarily for nontransient ...
• Texas Utilities Code Section 184.012 - New Construction Or Conversion
  (a) A political subdivision may not authorize the construction or occupancy of a new apartment house, including the conversion of property to a condominium, unless ...
• Texas Utilities Code Section 184.0125 - Housing For Older Persons
  (a) Section 184.012 does not prohibit a political subdivision from issuing a permit for the construction of housing for older persons with 100 or more ...
• Texas Utilities Code Section 184.013 - Submetering
  (a) The owner of an apartment house or mobile home park may submeter each dwelling unit in the apartment house or mobile home park to ...
• Texas Utilities Code Section 184.014 - Rules
  (a) The commission shall adopt rules under which an owner, operator, or manager of an apartment house or mobile home park for which electricity is ...
• Texas Utilities Code Section 184.031 - Definitions
  In this subchapter: (1) "Recreational vehicle" has the meaning assigned by Section 522.004(b), Transportation Code. (2) "Supplying utility" means the electric utility from which a ...
• Texas Utilities Code Section 184.032 - Metered Sale Under Commission Rules
  The metered sale of electricity by a recreational vehicle park owner in compliance with submetering rules adopted by the commission under Title 2 does not ...
• Texas Utilities Code Section 184.033 - Metered Sale Under This Chapter
  Notwithstanding any provision of Title 2, the metered sale of electricity by a recreational vehicle park owner does not constitute the provision of electric service ...
• Texas Utilities Code Section 184.034 - Computation Of Charges
  (a) For the purposes of computing the charge for electricity under Section 184.033(4), the recreational vehicle park owner shall divide the amount charged the owner ...
• Texas Utilities Code Section 184.035 - Refund Of Surcharges
  A recreational vehicle park owner who determines at the end of a fiscal year that the owner has collected more than the amount charged by ...
• Texas Utilities Code Section 184.051 - Definitions
  In this subchapter: (1) "Apartment house" means one or more buildings containing two or more dwelling units rented primarily for nontransient use with rent paid ...
• Texas Utilities Code Section 184.052 - Rules
  (a) The commission shall adopt rules governing billing systems or methods used by an apartment house owner to prorate or allocate among tenants central system ...
• Texas Utilities Code Section 184.071 - Liability
  (a) A landlord who violates a commission rule relating to submetering of electric utilities consumed exclusively in a tenant's dwelling unit or a rule relating ...
• Texas Utilities Code Section 185.001 - Definitions
  In this chapter: (1) "Commission" means the Public Utility Commission of Texas. (2) "Solar energy device" means a solar energy collector or solar energy system ...
• Texas Utilities Code Section 185.002 - Compliance
  A person who rates, labels, or certifies the performance of a solar energy device in this state shall comply with the standards adopted by the ...
• Texas Utilities Code Section 185.003 - Adoption Of Standards
  (a) The commission shall study and adopt standards for rating solar energy devices. The standards shall be used in performance labeling and certification of solar ...
• Texas Utilities Code Section 185.004 - Use Of National Standards
  If national standards for rating and certifying solar energy devices are developed by a federal agency in conjunction with the states and industry, the commission ...
• Texas Utilities Code Section 185.005 - Review Of Standards
  The commission shall periodically review the standards adopted under this chapter and shall amend those standards as necessary to ensure that the standards are: (1) ...
• Texas Utilities Code Section 186.001 - Definition
  In this subchapter, "public utility" means and includes a private corporation that does business in this state and has the right of eminent domain, a ...
• Texas Utilities Code Section 186.002 - Policy
  (a) Continuous service by a public utility is essential to the life, health, and safety of the public. A person's wilful interruption of that service ...
• Texas Utilities Code Section 186.003 - Enforcement By Executive Department
  In accordance with Section 186.002, the governor, and the department of the executive branch of government under the governor's direction, shall exercise all power available ...
• Texas Utilities Code Section 186.004 - Unlawful Picketing, Threats, Or Intimidation
  (a) A person may not: (1) picket the plant, premises, or other property of a public utility with intent to disrupt the service of that ...
• Texas Utilities Code Section 186.005 - Restraining Order
  (a) A district court shall immediately inquire into the matter if a public utility presents a verified petition to the court: (1) alleging that in ...
• Texas Utilities Code Section 186.006 - Employee Rights
  This subchapter does not limit the right of an employee of a public utility to: (1) quit work and leave the employer's premises at any ...
• Texas Utilities Code Section 186.021 - Emergency Involving Hostage Or Armed Suspect
  (a) In an emergency in which the supervising law enforcement official having jurisdiction in the geographical area has probable cause to believe that an armed ...
• Texas Utilities Code Section 186.031 - Definitions
  In this subchapter: (1) "Publish" means to communicate information to another by any means. (2) "Telecommunications service" means the transmission of a message or other ...
• Texas Utilities Code Section 186.032 - Fraudulently Obtaining Telecommunications Services
  (a) A person commits an offense if: (1) knowing that another will use the published information to avoid payment of a charge for telecommunications service, ...
• Texas Utilities Code Section 186.033 - Disposition Of Certain Equipment
  (a) A peace officer may seize equipment described by Section 186.032(a)(2) under a warrant or incident to a lawful arrest. (b) If the person who ...
• Texas Utilities Code Section 186.041 - Definitions
  In this subchapter: (1) "Emergency" means a situation in which property or human life is in jeopardy and the prompt summoning of aid is essential. ...
• Texas Utilities Code Section 186.042 - Obstruction Of Emergency Telephone Call; Penalty
  (a) A person commits an offense if: (1) the person wilfully refuses to relinquish a party line immediately on being informed that the line is ...
• Texas Utilities Code Section 186.043 - Falsification Of Emergency Telephone Call; Penalty
  (a) A person commits an offense if the person secures the use of a party line by falsely stating that the line is needed for ...
• Texas Utilities Code Section 186.044 - Notice Of Certain Offenses Required
  (a) A telephone directory distributed to the public in this state that lists the telephone numbers of an exchange located in this state must contain ...
• Texas Utilities Code Section 186.045 - Failure To Provide Notice; Penalty
  (a) A person providing telephone service commits an offense if the person: (1) distributes copies of a telephone directory subject to Section 186.044(a) from which ...
• Texas Utilities Code Section 186.051 - Definitions
  In this subchapter: (1) "Cable operator" means an entity that owns or operates a cable system, as that term is defined by 47 U.S.C. Section ...
• Texas Utilities Code Section 186.052 - Exemptions
  (a) The inclusion of an energy transporter or cable operator in this subchapter does not subject the transporter or operator to regulation as a utility ...
• Texas Utilities Code Section 186.053 - Applicability
  (a) Except as provided by Section 186.058, this subchapter applies only to facilities along, over, under, or across a railroad or railroad right-of-way in place ...
• Texas Utilities Code Section 186.054 - Construction And Maintenance Of Utility, Common Carrier, Cable Operator, And Energy Transporter Facilities
  (a) A utility, common carrier, cable operator, or energy transporter may acquire an easement by eminent domain along, over, under, or across a railroad or ...
• Texas Utilities Code Section 186.055 - Documentation Of Rights Acquired
  If a railroad requires a utility, common carrier, cable operator, or energy transporter to obtain from the railroad a right to use a railroad right-of-way, ...
• Texas Utilities Code Section 186.056 - Valuation Of Rights Acquired
  (a) In the absence of an agreement to convey a permanent easement for the continued right to use a preexisting facility located in a railroad ...
• Texas Utilities Code Section 186.057 - Right To Maintain Facilities
  (a) A utility, common carrier, cable operator, or energy transporter may not be required to remove an existing facility for 180 days after the date ...
• Texas Utilities Code Section 186.058 - License And Renewal
  (a) A utility, common carrier, cable operator, or energy transporter may obtain an original license or renew a license for the right to use a ...
• Texas Utilities Code Section 186.059 - Restrictions On Payment Of Costs Awarded Against Railroad In Condemnation
  If the special commissioners or a court awards costs against a railroad under Section 21.047, Property Code, because the award of damages to the railroad ...
• Texas Utilities Code Section 186.060 - Cumulative Rights And Responsibilities
  The rights, privileges, and responsibilities provided by this subchapter are in addition to and not in diminution of or substitution for those rights granted by ...
• Texas Utilities Code Section 186.061 - Effect On Other Law
  This subchapter does not affect the elements a condemnor must establish by law to acquire real property. Added by Acts 2003, 78th Leg., ch. 1087, ...
• Texas Utilities Code Section 251.001 - Short Title
  This chapter may be cited as the Underground Facility Damage Prevention and Safety Act. Added by Acts 1999, 76th Leg., ch. 62, § 18.17(a), eff. ...
• Texas Utilities Code Section 251.002 - Definitions
  In this chapter: (1) "Class A underground facility" means an underground facility that is used to produce, store, convey, transmit, or distribute: (A) electrical energy; ...
• Texas Utilities Code Section 251.003 - Exemptions
  The following are not subject to this chapter as underground facilities: (1) an aboveground or underground storage tank, sump, or impoundment or piping connected to ...
• Texas Utilities Code Section 251.004 - Application To Certain Contractors And State Employees
  (a) This chapter does not apply to a contractor working in the public right-of-way under a contract with the Texas Department of Transportation. (b) Excavation ...
• Texas Utilities Code Section 251.005 - Conversion Of Facility Or Operator
  (a) An operator of an underground facility that is exempted under this subchapter may voluntarily convert that facility to a Class A underground facility by ...
• Texas Utilities Code Section 251.006 - Compliance By Permit Holders
  (a) The fact that a person has a legal permit, permission from the owner of the property or the owner's licensee, or an easement to ...
• Texas Utilities Code Section 251.007 - Facility On County Or Municipal Road
  This chapter does not affect a contractual or statutory right of a county or municipality to require an operator to relocate, replace, or repair its ...
• Texas Utilities Code Section 251.008 - Effect On Civil Remedies
  Except as otherwise specifically provided by this chapter, this chapter, including Section 251.201, does not affect any civil remedy for personal injury or for property ...
• Texas Utilities Code Section 251.009 - Provision Of General Information
  At least once each calendar year, at intervals not exceeding 15 months, each Class A underground facility operator who conveys, transmits, or distributes by means ...
• Texas Utilities Code Section 251.051 - Purpose
  The Texas Underground Facility Notification Corporation provides statewide notification services under this chapter. Added by Acts 1999, 76th Leg., ch. 62, § 18.17(a), eff. Sept. ...
• Texas Utilities Code Section 251.052 - Nonprofit Corporation
  The corporation is a public nonprofit corporation and has all the powers and duties incident to a nonprofit corporation under the Texas Non-Profit Corporation Act ...
• Texas Utilities Code Section 251.053 - Application Of Open Meetings And Open Records Laws
  The corporation is subject to Chapters 551 and 552, Government Code, except that the corporation may not disseminate, make available, or otherwise distribute service area ...
• Texas Utilities Code Section 251.054 - Expenses And Liabilities Of Corporation
  (a) All expenses of the corporation shall be paid from income of the corporation. (b) A liability created by the corporation is not a debt ...
• Texas Utilities Code Section 251.055 - Board Of Directors
  (a) The board of directors of the corporation is composed of the following 12 members appointed by the governor: (1) six representatives of the general ...
• Texas Utilities Code Section 251.056 - Terms
  (a) Directors serve staggered three-year terms, with the terms of four directors expiring each August 31. (b) A director serves until the director's successor is ...
• Texas Utilities Code Section 251.057 - Declaration Of Board Vacancy
  (a) The board may declare a director's office vacant if the director ceases to be associated with the industry or an operator the director represents. ...
• Texas Utilities Code Section 251.058 - Officers
  (a) The board shall elect from among its directors a chair and vice chair. (b) The chair and vice chair serve for a term of ...
• Texas Utilities Code Section 251.059 - Entitlement To Vote
  The corporation's bylaws must provide that each director is entitled to one vote. Added by Acts 1999, 76th Leg., ch. 62, § 18.17(a), eff. Sept. ...
• Texas Utilities Code Section 251.060 - Duties Of Corporation
  The corporation shall develop and implement processes to: (1) maintain a registration of: (A) notification centers as provided by Section 251.101(a)(3); (B) operators who elect ...
• Texas Utilities Code Section 251.061 - Contract For Statewide Toll-Free Number And Call Router System
  (a) The corporation shall solicit proposals for the contract to establish and operate the statewide toll-free telephone number and the call router system by using ...
• Texas Utilities Code Section 251.062 - Fees And Rates
  (a) Except as provided by this section, the corporation may not, for any reason, impose an assessment, fee, or other charge, including a charge for ...
• Texas Utilities Code Section 251.101 - Notification Center
  (a) A notification center is a legal entity that: (1) operates a notification system capable of serving excavators and operators statewide; (2) is created to: ...
• Texas Utilities Code Section 251.102 - General Duties Of Notification Center
  A notification center shall: (1) operate 24 hours a day every day of the year; (2) have the capability to receive emergency information 24 hours ...
• Texas Utilities Code Section 251.103 - Records
  (a) A notification center shall maintain for not less than four years a record to document: (1) the receipt of a notice of: (A) intent ...
• Texas Utilities Code Section 251.104 - Insurance
  A notification center shall, at all times, maintain a minimum of $5 million professional liability and errors and omissions insurance to cover duties prescribed by ...
• Texas Utilities Code Section 251.105 - Fees And Charges
  (a) A notification center that notifies another notification center under Section 251.102(2) or (3) or Section 251.153(b) shall recover an amount not exceeding the actual ...
• Texas Utilities Code Section 251.106 - Payments To Corporation
  Each time a notification center receives a call from an excavator under Section 251.151, the notification center shall pay the corporation five cents. The corporation ...
• Texas Utilities Code Section 251.107 - Duty To Participate In Notification Center
  (a) Each operator of a Class A underground facility, including a political subdivision of this state, shall participate in a notification center as a condition ...
• Texas Utilities Code Section 251.151 - Duty Of An Excavator
  (a) Except as provided by Sections 251.155 and 251.156, a person who intends to excavate shall notify a notification center not earlier than the 14th ...
• Texas Utilities Code Section 251.152 - Information Included In Notice
  The excavator shall include in the notice required under Section 251.151: (1) the name of the person serving the notice; (2) the location of the ...
• Texas Utilities Code Section 251.153 - Duty Of Notification Center
  (a) At the time an excavator provides a notification center with the excavator's intent to excavate, the notification center shall advise the excavator that water, ...
• Texas Utilities Code Section 251.154 - Notification By An Excavator
  (a) A person required to provide notice under this chapter is considered to have provided the notice when the person delivers the required information and ...
• Texas Utilities Code Section 251.155 - Exception In Case Of Emergency
  (a) Section 251.151 does not apply to an emergency excavation that is necessary to respond to a situation that endangers life, health, or property or ...
• Texas Utilities Code Section 251.156 - Other Exceptions To Duty Of Excavators
  (a) Section 251.151 does not apply to: (1) interment operations of a cemetery; (2) operations at a secured facility if: (A) the excavator operates each ...
• Texas Utilities Code Section 251.157 - Duty Of Operator To Person Excavating
  (a) Each Class A underground facility operator contacted by the notification system shall mark the approximate location of its underground facilities at or near the ...
• Texas Utilities Code Section 251.158 - Duty Of Operator In Event Of An Extraordinary Circumstance
  (a) The deadline prescribed by Section 251.157(a) does not apply if the operator experiences an extraordinary circumstance due to an act of God, including a ...
• Texas Utilities Code Section 251.159 - Excavation Damage
  (a) If an excavation operation results in damage to an underground facility, the excavator shall immediately contact the underground facility operator to report the damage. ...
• Texas Utilities Code Section 251.201 - Civil Penalty Or Warning Letter
  (a) An excavator that violates Section 251.151, 251.152, or 251.159 is liable for a civil penalty of not less than $500 or more than $1,000. ...
• Texas Utilities Code Section 251.2011 - Warning Letter And Safety Training Course
  (a) The board of directors of the corporation shall establish a procedure to ensure that the board verifies that an excavator has violated Section 251.151, ...
• Texas Utilities Code Section 251.202 - Allocation Of Civil Penalty
  (a) Fifty percent of the civil penalty collected under Section 251.201 shall be transferred to the county treasurer of the county prosecuting the action and ...

Last modified: August 11, 2007