Texas Utilities Code Title 2, Chapter 33 - Jurisdiction And Powers Of Municipality

SUBCHAPTER A GENERAL PROVISIONS

• Texas 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 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 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 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 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 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 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...

SUBCHAPTER B RATE DETERMINATION

• Texas 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 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 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 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 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 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...

SUBCHAPTER C APPEAL OF MUNICIPAL ORDER

• Texas 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 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 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 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 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)...

SUBCHAPTER D PROVISIONS APPLICABLE TO APPEAL BY RATEPAYERS OUTSIDE MUNICIPALITY

• Texas 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 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 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 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...

SUBCHAPTER E RATE DETERMINATION AND APPEAL OF ORDERS OF CERTAIN MUNICIPAL UTILITIES

• Texas 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 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 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 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...

Last modified: September 28, 2016