Texas Statutes
Subtitle B - Electric Utilities
Chapter 39 - Restructuring of Electric Utility Industry

Section 39.1512. Disclosure of Interest in Matter Before Independent Organization's Governing Body; Participation in Decision - Sec. 39.1512. DISCLOSURE OF INTEREST IN MATTER BEFORE INDEPENDENT ORGANIZATION'S...

Section 39.1513. Ercot Board Selection Committee - Sec. 39.1513. ERCOT BOARD SELECTION COMMITTEE. (a) The ERCOT board...

Section 39.1515. Wholesale Electric Market Monitor - Sec. 39.1515. WHOLESALE ELECTRIC MARKET MONITOR. (a) An independent organization...

Section 39.1516. Cybersecurity Monitor - Sec. 39.1516. CYBERSECURITY MONITOR. (a) In this section, "monitored utility"...

Section 39.152. Qualifying Power Regions - Sec. 39.152. QUALIFYING POWER REGIONS. (a) The commission shall certify...

Section 39.153. Capacity Auction - Sec. 39.153. CAPACITY AUCTION. (a) Each electric utility subject to...

Section 39.154. Limitation of Ownership of Installed Capacity - Sec. 39.154. LIMITATION OF OWNERSHIP OF INSTALLED CAPACITY. (a) Beginning...

Section 39.155. Commission Assessment of Market Power - Sec. 39.155. COMMISSION ASSESSMENT OF MARKET POWER. (a) Each person,...

Section 39.156. Market Power Mitigation Plan - Sec. 39.156. MARKET POWER MITIGATION PLAN. (a) In this section,...

Section 39.157. Commission Authority to Address Market Power - Sec. 39.157. COMMISSION AUTHORITY TO ADDRESS MARKET POWER. (a) The...

Section 39.158. Mergers and Consolidations - Sec. 39.158. MERGERS AND CONSOLIDATIONS. (a) A power generation company...

Section 39.159. Dispatchable Generation - Text of section as added by Acts 2021, 87th Leg.,...

Section 39.159. Amounts Owed to Independent Organization by Market Participants - Text of section as added by Acts 2021, 87th Leg.,...

Section 39.159. Charges for Certain Market Participants - Text of section as added by Acts 2021, 87th Leg.,...

Section 39.159. Audit of Independent Organization Certified for Ercot Power Region - Text of section as added by Acts 2021, 87th Leg.,...

Section 39.159. Grid Reliability Assessment - Text of section as added by Acts 2021, 87th Leg.,...

Section 39.160. Wholesale Pricing Procedures - Text of section as added by Acts 2021, 87th Leg.,...

Section 39.160. Default of Market Participant - Text of section as added by Acts 2021, 87th Leg.,...

Subchapter E. Price Regulation After Competition

Section 39.201. Cost of Service Tariffs and Charges - Sec. 39.201. COST OF SERVICE TARIFFS AND CHARGES. (a) Each...

Section 39.202. Price to Beat - Sec. 39.202. PRICE TO BEAT. (a) From January 1, 2002,...

Section 39.203. Transmission and Distribution Service - Sec. 39.203. TRANSMISSION AND DISTRIBUTION SERVICE. (a) All transmission and...

Section 39.204. Tariffs for Open Access - Sec. 39.204. TARIFFS FOR OPEN ACCESS. Each transmission and distribution...

Section 39.205. Regulation of Costs Following Freeze Period - Sec. 39.205. REGULATION OF COSTS FOLLOWING FREEZE PERIOD. At the...

Section 39.206. Nuclear Generating Unit Decommissioning Cost Plan - Sec. 39.206. NUCLEAR GENERATING UNIT DECOMMISSIONING COST PLAN. (a) For...

Subchapter F. Recovery of Stranded Costs Through Competition Transition Charge

Section 39.251. Definitions - Sec. 39.251. DEFINITIONS. In this subchapter: (1) "Above market purchased...

Section 39.252. Right to Recover Stranded Costs - Sec. 39.252. RIGHT TO RECOVER STRANDED COSTS. (a) An electric...

Section 39.253. Allocation of Stranded Costs - Sec. 39.253. ALLOCATION OF STRANDED COSTS. (a) Any capital costs...

Section 39.254. Use of Revenues for Utilities With Stranded Costs - Sec. 39.254. USE OF REVENUES FOR UTILITIES WITH STRANDED COSTS....

Section 39.255. Use of Revenues for Utilities With No Stranded Costs - Sec. 39.255. USE OF REVENUES FOR UTILITIES WITH NO STRANDED...

Section 39.256. Option to Redirect Depreciation - Sec. 39.256. OPTION TO REDIRECT DEPRECIATION. (a) For the calendar...

Section 39.257. Annual Report - Sec. 39.257. ANNUAL REPORT. (a) Beginning with the 1999 calendar...

Section 39.258. Annual Report: Determination of Annual Costs - Sec. 39.258. ANNUAL REPORT: DETERMINATION OF ANNUAL COSTS. For the...

Section 39.259. Annual Report: Determination of Invested Capital - Sec. 39.259. ANNUAL REPORT: DETERMINATION OF INVESTED CAPITAL. (a) For...

Section 39.260. Use of Generally Accepted Accounting Principles - Sec. 39.260. USE OF GENERALLY ACCEPTED ACCOUNTING PRINCIPLES. (a) The...

Section 39.261. Review of Annual Report - Sec. 39.261. REVIEW OF ANNUAL REPORT. (a) The annual report...

Section 39.262. True-Up Proceeding - Sec. 39.262. TRUE-UP PROCEEDING. (a) An electric utility, together with...

Section 39.263. Stranded Cost Recovery of Environmental Cleanup Costs - Sec. 39.263. STRANDED COST RECOVERY OF ENVIRONMENTAL CLEANUP COSTS. (a)...

Section 39.264. Emissions Reductions of "Grandfathered Facilities" - Sec. 39.264. EMISSIONS REDUCTIONS OF "GRANDFATHERED FACILITIES". (a) In this...

Section 39.265. Rights Not Affected - Sec. 39.265. RIGHTS NOT AFFECTED. This chapter is not intended...

Subchapter G. Securitization

Section 39.301. Purpose - Sec. 39.301. PURPOSE. The purpose of this subchapter is to...

Section 39.302. Definitions - Sec. 39.302. DEFINITIONS. In this subchapter: (1) "Assignee" means any...

Section 39.303. Financing Orders; Terms - Sec. 39.303. FINANCING ORDERS; TERMS. (a) The commission shall adopt...

Section 39.304. Property Rights - Sec. 39.304. PROPERTY RIGHTS. (a) The rights and interests of...

Section 39.305. No Setoff - Sec. 39.305. NO SETOFF. The interest of an assignee or...

Section 39.306. No Bypass - Sec. 39.306. NO BYPASS. A financing order shall include terms...

Section 39.307. True-Up - Sec. 39.307. TRUE-UP. A financing order shall include a mechanism...

Section 39.308. True Sale - Sec. 39.308. TRUE SALE. An agreement by an electric utility...

Section 39.309. Security Interests; Assignment; Commingling; Default - Sec. 39.309. SECURITY INTERESTS; ASSIGNMENT; COMMINGLING; DEFAULT. (a) Transition property...

Section 39.310. Pledge of State - Sec. 39.310. PLEDGE OF STATE. Transition bonds are not a...

Section 39.311. Tax Exemption - Sec. 39.311. TAX EXEMPTION. Transactions involving the transfer and ownership...

Section 39.312. Not Public Utility - Sec. 39.312. NOT PUBLIC UTILITY. An assignee or financing party...

Section 39.313. Severability - Sec. 39.313. SEVERABILITY. Effective on the date the first utility...

Subchapter H. Certification and Registration; Penalties

Section 39.351. Registration of Power Generation Companies - Sec. 39.351. REGISTRATION OF POWER GENERATION COMPANIES. (a) A person...

Section 39.352. Certification of Retail Electric Providers - Sec. 39.352. CERTIFICATION OF RETAIL ELECTRIC PROVIDERS. (a) After the...

Section 39.353. Registration of Aggregators - Sec. 39.353. REGISTRATION OF AGGREGATORS. (a) A person may not...

Section 39.3535. Military Bases Aggregators - Sec. 39.3535. MILITARY BASES AGGREGATORS. (a) In this section, "military...

Section 39.354. Registration of Municipal Aggregators - Sec. 39.354. REGISTRATION OF MUNICIPAL AGGREGATORS. (a) A municipal aggregator...

Section 39.3545. Registration of Political Subdivision Aggregators - Sec. 39.3545. REGISTRATION OF POLITICAL SUBDIVISION AGGREGATORS. (a) A political...

Section 39.355. Registration of Power Marketers - Sec. 39.355. REGISTRATION OF POWER MARKETERS. A person may not...

Section 39.3555. Registration of Brokers - Sec. 39.3555. REGISTRATION OF BROKERS. (a) In this section, "brokerage...

Section 39.356. Revocation of Certification - Sec. 39.356. REVOCATION OF CERTIFICATION. (a) The commission may suspend,...

Section 39.357. Administrative Penalty - Sec. 39.357. ADMINISTRATIVE PENALTY. In addition to the suspension, revocation,...

Section 39.358. Local Registration of Retail Electric Provider - Sec. 39.358. LOCAL REGISTRATION OF RETAIL ELECTRIC PROVIDER. (a) A...

Section 39.359. Bill Payment Assistance for Burned Veterans - Sec. 39.359. BILL PAYMENT ASSISTANCE FOR BURNED VETERANS. (a) A...

Subchapter I. Provisions for Certain Non-Ercot Utilities

Section 39.401. Applicability - Sec. 39.401. APPLICABILITY. This subchapter shall apply to investor-owned electric...

Section 39.402. Regulation of Utility and Transition to Competition - Sec. 39.402. REGULATION OF UTILITY AND TRANSITION TO COMPETITION. (a)...

Section 39.407. Customer Choice and Relevant Market and Related Matters - Sec. 39.407. CUSTOMER CHOICE AND RELEVANT MARKET AND RELATED MATTERS....

Section 39.408. Hiring Assistance for Federal Proceedings - Sec. 39.408. HIRING ASSISTANCE FOR FEDERAL PROCEEDINGS. (a) The commission...

Section 39.409. Recoupment of Transition to Competition Costs - Sec. 39.409. RECOUPMENT OF TRANSITION TO COMPETITION COSTS. An electric...

Section 39.410. Contractual Obligations - Sec. 39.410. CONTRACTUAL OBLIGATIONS. This subchapter may not: (1) interfere...

Subchapter J. Transition to Competition in Certain

Section 39.451. Applicability - Sec. 39.451. APPLICABILITY. This subchapter applies only to an investor-owned...

Section 39.452. Regulation of Utility and Transition to Competition - Sec. 39.452. REGULATION OF UTILITY AND TRANSITION TO COMPETITION. (a)...

Section 39.4525. Hiring Assistance for Federal Proceedings - Sec. 39.4525. HIRING ASSISTANCE FOR FEDERAL PROCEEDINGS. (a) The commission...

Section 39.453. Customer Choice and Relevant Market and Related Matters - Sec. 39.453. CUSTOMER CHOICE AND RELEVANT MARKET AND RELATED MATTERS....

Section 39.454. Recoupment of Transition to Competition Costs - Sec. 39.454. RECOUPMENT OF TRANSITION TO COMPETITION COSTS. An electric...

Section 39.455. Recovery of Incremental Capacity Costs - Sec. 39.455. RECOVERY OF INCREMENTAL CAPACITY COSTS. An electric utility...

Section 39.456. Franchise Agreements - Sec. 39.456. FRANCHISE AGREEMENTS. A municipality, with the agreement of...

Section 39.457. Contractual Rights - Sec. 39.457. CONTRACTUAL RIGHTS. In the event that the electric...

Section 39.458. Recovery and Securitization of Hurricane Reconstruction Costs; Purpose - Sec. 39.458. RECOVERY AND SECURITIZATION OF HURRICANE RECONSTRUCTION COSTS; PURPOSE....

Section 39.459. Hurricane Reconstruction Costs - Sec. 39.459. HURRICANE RECONSTRUCTION COSTS. (a) In this subchapter: (1)...

Section 39.460. Standards and Procedures Governing Securitization of Hurricane Reconstruction Costs - Sec. 39.460. STANDARDS AND PROCEDURES GOVERNING SECURITIZATION OF HURRICANE RECONSTRUCTION...

Section 39.461. Nonbypassable Charges - Sec. 39.461. NONBYPASSABLE CHARGES. The commission may include terms in...

Section 39.462. Determination of Hurricane Reconstruction Costs - Sec. 39.462. DETERMINATION OF HURRICANE RECONSTRUCTION COSTS. (a) An electric...

Section 39.463. Severability - Sec. 39.463. SEVERABILITY. Effective on the date the first utility...

Subchapter K. Transition to Competition for Certain

Section 39.501. Applicability - Sec. 39.501. APPLICABILITY. (a) This subchapter applies to an investor-owned...

Section 39.502. Cost-of-Service Regulation - Sec. 39.502. COST-OF-SERVICE REGULATION. (a) Until the date on which...

Section 39.5021. Metering - Sec. 39.5021. METERING. (a) Notwithstanding Section 39.502, an electric utility...

Section 39.503. Transition to Competition - Sec. 39.503. TRANSITION TO COMPETITION. (a) The events prescribed by...

Section 39.504. Hiring Assistance for Federal Proceedings - Sec. 39.504. HIRING ASSISTANCE FOR FEDERAL PROCEEDINGS. (a) The commission...

Subchapter L. Transition to Competition and Other Provisions for Certain Areas Outside of Ercot

Section 39.551. Applicability - Sec. 39.551. APPLICABILITY. (a) This subchapter applies only to an...

Section 39.552. Cost-of-Service Regulation - Sec. 39.552. COST-OF-SERVICE REGULATION. (a) Until the date on which...

Section 39.5521. Metering - Sec. 39.5521. METERING. (a) Notwithstanding Section 39.552, an electric utility...

Section 39.553. Transition to Competition - Sec. 39.553. TRANSITION TO COMPETITION. (a) The events prescribed by...

Section 39.554. Interconnection of Distributed Renewable Generation - Sec. 39.554. INTERCONNECTION OF DISTRIBUTED RENEWABLE GENERATION. (a) In this...

Section 39.555. Marketing of Energy Efficiency and Renewable Energy Programs - Sec. 39.555. MARKETING OF ENERGY EFFICIENCY AND RENEWABLE ENERGY PROGRAMS....

Subchapter M. Winter Storm Uri Default Balance Financing

Section 39.601. Purpose - Sec. 39.601. PURPOSE. (a) The purpose of this subchapter is...

Section 39.602. Definitions - Sec. 39.602. DEFINITIONS. In this subchapter: (1) "Default balance" means...

Section 39.603. Debt Obligation Order - Sec. 39.603. DEBT OBLIGATION ORDER. (a) On application by the...

Section 39.604. Commission-Authorized Financing - Sec. 39.604. COMMISSION-AUTHORIZED FINANCING. (a) The commission may contract with...

Section 39.605. Default Charges Nonbypassable - Sec. 39.605. DEFAULT CHARGES NONBYPASSABLE. An order issued under Section...

Section 39.606. True-Up Mechanism - Sec. 39.606. TRUE-UP MECHANISM. An order issued under Section 39.603...

Section 39.607. Tax Exemption - Sec. 39.607. TAX EXEMPTION. The transfer and receipt of default...

Section 39.608. Property Rights - Sec. 39.608. PROPERTY RIGHTS. (a) The rights and interests of...

Section 39.609. Pledge of State - Sec. 39.609. PLEDGE OF STATE. Debt obligations issued pursuant to...

Subchapter N. Winter Storm Uri Uplift Financing

Section 39.651. Purpose; Use of Proceeds - Sec. 39.651. PURPOSE; USE OF PROCEEDS. (a) The purpose of...

Section 39.652. Definitions - Sec. 39.652. DEFINITIONS. In this subchapter: (1) "Independent organization" means...

Section 39.653. Debt Obligation Order - Sec. 39.653. DEBT OBLIGATION ORDER. (a) The independent organization shall...

Section 39.654. Commission-Authorized Financing - Sec. 39.654. COMMISSION-AUTHORIZED FINANCING. (a) The commission may contract with...

Section 39.655. Other Financial Mechanism - Sec. 39.655. OTHER FINANCIAL MECHANISM. The commission may use a...

Section 39.656. Uplift Charges Nonbypassable - Sec. 39.656. UPLIFT CHARGES NONBYPASSABLE. An order issued under Section...

Section 39.657. True-Up - Sec. 39.657. TRUE-UP. An order shall include a mechanism requiring...

Section 39.658. Tax Exemption - Sec. 39.658. TAX EXEMPTION. Transactions involving the transfer and ownership...

Section 39.659. Severability - Sec. 39.659. SEVERABILITY. Effective on the date the first debt...

Section 39.660. Customer Charges - Sec. 39.660. CUSTOMER CHARGES. All load-serving entities that receive offsets...

Section 39.661. Enforcement - Sec. 39.661. ENFORCEMENT. The commission may use any enforcement mechanism...

Section 39.662. Property Rights - Sec. 39.662. PROPERTY RIGHTS. (a) The rights and interests of...

Section 39.663. Pledge of State - Sec. 39.663. PLEDGE OF STATE. Debt obligations issued pursuant to...

Section 39.664. Legal Actions Involving Pricing or Uplift Actions - Sec. 39.664. LEGAL ACTIONS INVOLVING PRICING OR UPLIFT ACTIONS. A...

Subchapter Z. Miscellaneous Provisions

Section 39.9016. Nuclear Safety Fee - Sec. 39.9016. NUCLEAR SAFETY FEE. An electric utility that operates...

Section 39.902. Customer Education - Sec. 39.902. CUSTOMER EDUCATION. (a) On or before January 1,...

Section 39.9025. Home Electric Energy Reports - Sec. 39.9025. HOME ELECTRIC ENERGY REPORTS. The commission may encourage...

Section 39.903. System Benefit Fund - Sec. 39.903. SYSTEM BENEFIT FUND. (a) The system benefit fund...

Section 39.904. Goal for Renewable Energy - Sec. 39.904. GOAL FOR RENEWABLE ENERGY. (a) It is the...

Section 39.9044. Goal for Natural Gas - Sec. 39.9044. GOAL FOR NATURAL GAS. (a) It is the...

Section 39.9048. Natural Gas Fuel - Sec. 39.9048. NATURAL GAS FUEL. It is the intent of...

Section 39.905. Goal for Energy Efficiency - Sec. 39.905. GOAL FOR ENERGY EFFICIENCY. (a) It is the...

Section 39.9051. Energy Efficiency for Municipally Owned Utilities - Sec. 39.9051. ENERGY EFFICIENCY FOR MUNICIPALLY OWNED UTILITIES. (a) In...

Section 39.9052. Energy Efficiency for Electric Cooperatives - Sec. 39.9052. ENERGY EFFICIENCY FOR ELECTRIC COOPERATIVES. (a) An electric...

Section 39.9054. Energy Efficiency Plans and Reports; Public Information - Sec. 39.9054. ENERGY EFFICIENCY PLANS AND REPORTS; PUBLIC INFORMATION. (a)...

Section 39.9055. Examination of Demand Response Potential of Seawater Desalination Projects - Sec. 39.9055. EXAMINATION OF DEMAND RESPONSE POTENTIAL OF SEAWATER DESALINATION...

Section 39.906. Displaced Workers - Sec. 39.906. DISPLACED WORKERS. In order to mitigate potential negative...

Section 39.908. Effect of Sunset Provision - Sec. 39.908. EFFECT OF SUNSET PROVISION. (a) If the commission...

Section 39.909. Plan and Report of Workforce Diversity and Other Business Practices - Sec. 39.909. PLAN AND REPORT OF WORKFORCE DIVERSITY AND OTHER...

Section 39.910. Incentive Program and Goal for Energy Efficiency for Military Bases - Sec. 39.910. INCENTIVE PROGRAM AND GOAL FOR ENERGY EFFICIENCY FOR...

Section 39.911. Alternative Funding for Energy Efficiency and Renewable Energy Systems - Sec. 39.911. ALTERNATIVE FUNDING FOR ENERGY EFFICIENCY AND RENEWABLE ENERGY...

Section 39.912. Report on Combined Heating and Power Technology - Sec. 39.912. REPORT ON COMBINED HEATING AND POWER TECHNOLOGY. The...

Section 39.913. Combining Certain Reports - Sec. 39.913. COMBINING CERTAIN REPORTS. The commission may combine the...

Section 39.914. Credit for Surplus Solar Generation by Public Schools - Sec. 39.914. CREDIT FOR SURPLUS SOLAR GENERATION BY PUBLIC SCHOOLS....

Section 39.915. Consideration and Approval of Certain Transactions - Sec. 39.915. CONSIDERATION AND APPROVAL OF CERTAIN TRANSACTIONS. (a) To...

Section 39.916. Interconnection of Distributed Renewable Generation - Sec. 39.916. INTERCONNECTION OF DISTRIBUTED RENEWABLE GENERATION. (a) In this...

Section 39.9165. Distributed Generation Reporting - Sec. 39.9165. DISTRIBUTED GENERATION REPORTING. (a) In this section, "distributed...

Section 39.917. Texas Electric Grid Security Council - Sec. 39.917. TEXAS ELECTRIC GRID SECURITY COUNCIL. (a) The legislature...

Section 39.918. Utility Facilities for Power Restoration After Widespread Power Outage - Sec. 39.918. UTILITY FACILITIES FOR POWER RESTORATION AFTER WIDESPREAD POWER...

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Texas Statutes Subtitle B - Electric Utilities Chapter 39 - Restructuring of Electric Utility Industry

Texas Statutes
Subtitle B - Electric Utilities
Chapter 39 - Restructuring of Electric Utility Industry