Texas Utilities Code Title 4, Chapter 163 - Joint Powers Agencies
SUBCHAPTER A GENERAL PROVISIONS
SUBCHAPTER B COOPERATION BY PUBLIC AND PRIVATE ENTITIES
- Texas Section 163.001 - Definitions
In this chapter: (1) "Electric facility" means a facility necessary or incidental to generating or transmitting electric power and energy, including: (A) a generating unit...
- Texas Section 163.011 - Effect Of Subchapter
This subchapter does not affect: (1) the statutory purposes prescribed by state law relating to creating, establishing, or operating an entity that co-owns a facility;...
- Texas Section 163.012 - Authority To Make Agreements
Public and private entities may by agreement jointly plan, finance, acquire, construct, own, operate, and maintain electric facilities to: (1) achieve economies of scale in...
- Texas Section 163.013 - General Rights, Powers, And Duties Of Entities
(a) A participating entity may: (1) use its means and assets to plan, acquire, construct, own, operate, and maintain its interest in an electric facility;...
- Texas Section 163.014 - Use Of Eminent Domain
(a) A participating entity has the power of eminent domain to be exercised as provided by this section. (b) The use of eminent domain authority...
- Texas Section 163.015 - Taxation
(a) A participating private entity shall render for ad valorem taxation its undivided fractional interest in a jointly owned electric facility. An ad valorem or...
SUBCHAPTER C MUNICIPAL POWER AGENCIES
- Texas Section 163.016 - Insurance
A participating entity may: (1) contract for insurance, including specialized insurance for property and risks relating to the ownership, operation, and maintenance of electric facilities;...
- Texas Section 163.051 - Definitions
In this subchapter: (1) "Agency" means a municipal power agency created under this subchapter. (2) "Bond" includes a note, but does not include a nonnegotiable...
- Texas Section 163.052 - Construction
This subchapter shall be liberally construed to carry out its purpose. Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
- Texas Section 163.053 - Conflicts With Other Law
This subchapter prevails to the extent of a conflict between this subchapter and any other law, including: (1) a law regulating the affairs of a...
- Texas Section 163.054 - Creation Of Agency
(a) Public entities may create an agency by concurrent ordinances subject to voter approval. (b) A public entity may join in the creation of an...
- Texas Section 163.055 - Re-creation Of Agency
(a) The public entities that create an agency may by concurrent ordinances re-create the agency by adding or deleting, or both, a public entity. (b)...
- Texas Section 163.056 - Notice
(a) The governing body of each public entity shall publish notice of its intention to create an agency once a week for two consecutive weeks....
- Texas Section 163.057 - Contents Of Concurrent Ordinance
A concurrent ordinance creating an agency under Section 163.054 or re-creating an agency under Section 163.055 must, as adopted by each public entity: (1) contain...
- Texas Section 163.058 - Election
(a) An agency may not be created unless the creation is approved by a majority of the qualified voters of each public entity creating the...
- Texas Section 163.059 - Board Of Directors
(a) The agency shall be governed by a board of directors. The board is responsible for the management, operation, and control of the property belonging...
- Texas Section 163.060 - Powers
(a) An agency may not engage in any utility business other than the generation, transmission, and sale or exchange of electric energy to: (1) a...
- Texas Section 163.061 - Construction Contracts
(a) Except as provided by Subsection (c), an agency may award a contract for construction of an improvement that involves the expenditure of more than...
- Texas Section 163.062 - Sale Or Exchange Of Electric Energy
(a) An agency may participate through appropriate contracts in power pooling and power exchange agreements with other entities through direct or indirect system interconnections. (b)...
- Texas Section 163.063 - Rates And Charges
(a) An agency may establish and maintain rates and charges for electric power and energy the agency delivers, transmits, or exchanges. The rates and charges...
- Texas Section 163.064 - Revenue Bonds
(a) The agency may issue revenue bonds to accomplish the purposes of the agency. (b) The agency may pledge to the payment of the obligations...
- Texas Section 163.065 - Refunding Bonds
The agency may issue refunding bonds. Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
- Texas Section 163.066 - Issuance, Form, And Provisions Of Bonds
(a) Agency bonds that are payable from agency revenues or anticipated bond proceeds and the records relating to their issuance must be submitted to the...
- Texas Section 163.067 - Nonnegotiable Purchase Money Notes
(a) The agency may issue nonnegotiable purchase money notes to acquire land or fuel resources. (b) Nonnegotiable purchase money notes are: (1) payable in installments;...
SUBCHAPTER C-1 ALTERNATE GOVERNANCE FOR CERTAIN MUNICIPAL POWER AGENCIES
- Texas Section 163.068 - Bond Anticipation Notes
(a) The agency may issue bond anticipation notes: (1) for any purpose for which the agency may issue bonds; or (2) to refund previously issued...
- Texas Section 163.071 - Definitions
In this subchapter: (1) "Agency" means a municipal power agency for which concurrent ordinances are adopted under Section 163.073. (2) "Bond" includes a note, but...
- Texas Section 163.072 - Construction
This subchapter shall be liberally construed to carry out its purpose. Added by Acts 2015, 84th Leg., R.S., Ch. 1162 (S.B. 776), Sec. 3, eff....
- Texas Section 163.073 - Applicability; Alternate Governance
(a) This subchapter applies to a municipal power agency created by two or more public entities under Subchapter C or a predecessor statute, including an...
- Texas Section 163.074 - Conflicts With Other Law
This subchapter prevails to the extent of a conflict between this subchapter and any other law, including: (1) a law regulating the affairs of a...
- Texas Section 163.075 - Nature Of Agency
(a) An agency is a: (1) separate municipal corporation; (2) political subdivision of this state; and (3) political entity and corporate body. (b) An agency...
- Texas Section 163.076 - Addition Or Removal Of Public Entities
(a) The public entities that created or re-created an agency may by concurrent ordinances: (1) add a new public entity as a participating public entity...
- Texas Section 163.077 - Election For Addition Of Public Entity
(a) Public entities may not adopt concurrent ordinances under Section 163.076 adding a participating public entity unless the addition has been approved by a majority...
- Texas Section 163.078 - Board Of Directors
(a) The agency shall be governed by a board of directors. (b) The board is responsible for the management, operation, and control of the property...
- Texas Section 163.079 - Separate Boards Of Directors
(a) The public entities that created or re-created an agency may amend the creating concurrent ordinances to provide for the agency to be governed by...
- Texas Section 163.080 - Powers
(a) An agency may not engage in any utility business other than: (1) the generation and sale or exchange of electric energy to: (A) a...
- Texas Section 163.081 - Construction Contracts
(a) Except as provided by Subsection (c), an agency may award a contract for construction of an improvement that involves the expenditure of more than...
- Texas Section 163.082 - Sale Or Exchange Of Electric Energy
(a) An agency may participate through appropriate contracts in power pooling and power exchange agreements with other entities through direct or indirect system interconnections. (b)...
- Texas Section 163.083 - Rates And Charges
(a) An agency may establish and maintain rates and charges for electric power and energy the agency delivers, transmits, or exchanges. The rates and charges...
- Texas Section 163.084 - Revenue Bonds
(a) The agency may issue revenue bonds to accomplish the purposes of the agency. (b) The agency may pledge to the payment of the obligations...
- Texas Section 163.085 - Refunding Bonds
The agency may issue refunding bonds. Added by Acts 2015, 84th Leg., R.S., Ch. 1162 (S.B. 776), Sec. 3, eff. September 1, 2015.
- Texas Section 163.086 - Issuance, Form, And Provisions Of Bonds
(a) Agency bonds that are payable from agency revenues or anticipated bond proceeds and the records relating to their issuance must be submitted to the...
- Texas Section 163.087 - Nonnegotiable Purchase Money Notes
(a) The agency may issue nonnegotiable purchase money notes to acquire land or fuel resources. (b) Nonnegotiable purchase money notes are: (1) payable in installments;...
- Texas Section 163.088 - Bond Anticipation Notes
(a) The agency may issue bond anticipation notes: (1) for any purpose for which the agency may issue bonds; or (2) to refund previously issued...
- Texas Section 163.089 - Public Securities
(a) It is a public purpose for a public entity that has participated in the creation of an agency to pay costs of planning, acquisition,...
SUBCHAPTER D AGENCY RECEIVING POWER THROUGH INTERSTATE SYSTEM
- Texas Section 163.090 - Dissolution
(a) The participating public entities of an agency may by concurrent ordinance dissolve the agency. (b) Concurrent ordinances dissolving an agency must: (1) contain identical...
- Texas Section 163.101 - Creation
(a) Notwithstanding Section 163.054, two or more public entities may create a municipal power agency governed by Subchapter C if the entities: (1) are municipalities;...
SUBCHAPTER E ELECTRIC COOPERATIVE CORPORATIONS
- Texas Section 163.102 - Powers
(a) An agency created under this subchapter may: (1) generate and transmit electric power and energy inside and outside this state; (2) sell, purchase, or...
- Texas Section 163.121 - Creation
An electric cooperative corporation may join one or more public entities to create a joint powers agency as if the corporation were also a public...
- Texas Section 163.122 - Application Of Open Meetings Law
A joint powers agency created under this subchapter is a governmental body subject to Chapter 551, Government Code. Acts 1997, 75th Leg., ch. 166, Sec....
- Texas Section 163.123 - Authority Of Public Utility Commission
A joint powers agency created under this subchapter is: (1) subject to all applicable provisions of Title 2; and (2) under the jurisdiction of the...
- Texas Section 163.124 - Power To Issue Certain Bonds Or Securities
This subchapter does not authorize an electric cooperative corporation to issue bonds or other securities that are tax exempt under federal law. Acts 1997, 75th...
Last modified: September 28, 2016