Texas Utilities Code Title 2, Chapter 41 - Electric Cooperatives And Competition

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 41.001 - Applicable Law
  Notwithstanding any other provision of law, except Sections 39.155, 39.157(e), 39.203, 39.903, and 39.904, this chapter governs the transition to and the establishment of a...
• Texas Section 41.002 - Definitions
  In this chapter: (1) "Board of directors" means the board of directors of an electric cooperative as described in Section 161.071. (2) "Rate" includes any...
• Texas Section 41.003 - Securitization
  (a) Electric cooperatives may adopt and use securitization provisions having the effect of the provisions provided by Subchapter G, Chapter 39, to recover through rates...
• Texas Section 41.004 - Jurisdiction Of Commission
  Except as specifically provided otherwise in this chapter, the commission has jurisdiction over electric cooperatives only as follows: (1) to regulate wholesale transmission rates and...

SUBCHAPTER B ELECTRIC COOPERATIVE UTILITY CHOICE

• Texas Section 41.005 - Limitation On Municipal Authority
  Notwithstanding any other provision of this title, a municipality may not directly or indirectly regulate the rates, operations, and services of an electric cooperative, except,...
• Texas Section 41.051 - Board Decision
  (a) The board of directors has the discretion to decide when or if the electric cooperative will provide customer choice. (b) Electric cooperatives that choose...
• Texas Section 41.052 - Electric Cooperatives Not Offering Customer Choice
  (a) An electric cooperative that chooses not to participate in customer choice may not offer electric energy at unregulated prices directly to retail customers outside...
• Texas Section 41.053 - Retail Customer Right Of Choice
  (a) If an electric cooperative chooses to participate in customer choice, after that choice, all retail customers within the certificated service area of the electric...
• Texas Section 41.054 - Service Outside Certificated Area
  (a) Notwithstanding any provisions of Chapter 161: (1) an electric cooperative participating in customer choice shall have the right to offer electric energy and related...
• Texas Section 41.055 - Jurisdiction Of Board Of Directors
  A board of directors has exclusive jurisdiction to: (1) set all terms of access, conditions, and rates applicable to services provided by the electric cooperative,...
• Texas Section 41.056 - Anticompetitive Actions
  (a) If, after notice and hearing, the commission finds that an electric cooperative providing customer choice has engaged in anticompetitive behavior by not providing other...
• Texas Section 41.057 - Billing
  (a) An electric cooperative that opts for customer choice may continue to bill directly electric customers located in its certificated service area for all transmission...
• Texas Section 41.058 - Tariffs For Open Access
  An electric cooperative that owns or operates transmission and distribution facilities shall file tariffs implementing the open access rules established by the commission under Section...
• Texas Section 41.059 - No Power To Amend Certificates
  Nothing in this chapter empowers a board of directors to issue, amend, or rescind a certificate of public convenience and necessity granted by the commission....
• Texas Section 41.060 - Customer Service Information
  (a) The commission shall keep information submitted by customers and retail electric providers pertaining to the provision of electric service by electric cooperatives. (b) The...
• Texas Section 41.061 - Retail Rate Changes By Electric Cooperatives
  (a) This section shall apply to retail rates of an electric cooperative that has not adopted customer choice and to the retail delivery rates of...

SUBCHAPTER C RIGHTS NOT AFFECTED

• Texas Section 41.062 - Allocation Of Stranded Investment
  Any competition transition charge shall be allocated among retail customer classes based on the relevant customer class characteristics as of the end of the electric...
• Texas Section 41.101 - Interference With Contract
  (a) This subtitle may not interfere with or abrogate the rights or obligations of parties, including a retail or wholesale customer, to a contract with...
• Texas Section 41.102 - Access To Wholesale Market
  Nothing in this subtitle shall limit the access of an electric cooperative or its subsidiary, either on its own behalf or on behalf of its...
• Texas Section 41.103 - Protection Of Bondholders
  Nothing in this subtitle or any rule adopted under this subtitle shall impair contracts, covenants, or obligations between an electric cooperative and its lenders and...
• Texas Section 41.104 - Tax-exempt Status
  Nothing in this subtitle may impair the tax-exempt status of electric cooperatives, nor shall anything in this subtitle compel any electric cooperative to use its...

Last modified: September 28, 2016