Texas Utilities Code Title 2, Chapter 40 - Competition For Municipally Owned Utilities And River Authorities

SUBCHAPTER A GENERAL PROVISIONS

• Texas 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 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 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,...

SUBCHAPTER B MUNICIPALLY OWNED UTILITY CHOICE

• Texas 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 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 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 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 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 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 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 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 Section 40.058 - Tariffs For Open Access
  A municipally owned utility that owns or operates transmission and distribution facilities shall file with the commission tariffs implementing the open access rules established by...
• Texas Section 40.059 - Municipal Power Agency; Recovery Of Stranded Costs
  (a) In this section, "member city" means a municipality that participated in the creation of a municipal power agency formed under Chapter 163 by the...

SUBCHAPTER C RIGHTS NOT AFFECTED

• Texas Section 40.060 - No Power To Amend Certificates
  Nothing in this chapter empowers a municipal governing body or a body vested with the power to manage and operate a municipally owned utility to...
• Texas Section 40.101 - Interference With Contract
  (a) This subtitle may not interfere with or abrogate the rights or obligations of parties, including a retail or wholesale customer, to a contract with...
• Texas Section 40.102 - Access To Wholesale Market
  Nothing in this subtitle shall limit the access of municipally owned utilities to the wholesale electric market. Added by Acts 1999, 76th Leg., ch. 405,...
• Texas Section 40.103 - Protection Of Bondholders
  Nothing in this subtitle or any rule adopted under this subtitle shall impair contracts, covenants, or obligations between this state, river authorities, municipalities, and the...
• Texas Section 40.104 - Tax-exempt Status
  Nothing in this subtitle may impair the tax-exempt status of municipalities, electric cooperatives, or river authorities, nor shall anything in this subtitle compel any municipality,...

Last modified: September 28, 2016