Texas Utilities Code

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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 sha