Sec. 104.372. BOND PROCEEDS IN TRUST. (a) The issuing financing entity may deposit proceeds of customer rate relief bonds issued by the issuing financing entity under this subchapter with a trustee selected by the issuing financing entity or the proceeds may be held by the comptroller in a dedicated trust fund outside the state treasury in the custody of the comptroller.
(b) Bond proceeds, net of the financing costs and reserves described by Subdivisions (2) and (3), including investment income, must be held in trust for the exclusive benefit of the railroad commission's policy of reimbursing gas utility costs and applied in accordance with the financing order. The issuing financing entity shall deliver the net proceeds, as provided in the applicable financing order, to:
(1) reimburse each gas utility the regulatory asset amount determined to be reasonable for that gas utility in the financing order;
(2) pay the financing costs of issuing the bonds; and
(3) provide bond reserves or fund any capitalized interest, as applicable.
(c) On full payment of the customer rate relief bonds and any related financing costs, any customer rate relief charges or other amounts held as security for the bonds shall be used to provide credits to gas utility customers as provided in the financing order.
Added by Acts 2021, 87th Leg., R.S., Ch. 805 (H.B. 1520), Sec. 5, eff. June 16, 2021.
Structure Texas Statutes
Subtitle A - Gas Utility Regulatory Act
Chapter 104 - Rates and Services
Subchapter I. Customer Rate Relief Bonds
Section 104.361. Purpose; Railroad Commission Duty
Section 104.363. Extraordinary Costs
Section 104.364. Jurisdiction and Powers of Railroad Commission and Other Regulatory Authorities
Section 104.365. Regulatory Asset Determination
Section 104.366. Financing Orders and Issuance of Customer Rate Relief Bonds
Section 104.367. Property Rights
Section 104.368. Property Interest Not Subject to Setoff, Counterclaim, Surcharge, or Defense
Section 104.369. Customer Rate Relief Charges Nonbypassable
Section 104.370. True-Up Mechanism
Section 104.371. Security Interests; Assignment; Commingling; Default
Section 104.372. Bond Proceeds in Trust
Section 104.373. Repayment of Customer Rate Relief Bonds
Section 104.374. Pledge of State
Section 104.375. Tax Exemption
Section 104.376. Recoverable Tax Expense
Section 104.377. Issuing Financing Entity or Financing Party Not Public Utility
Section 104.378. No Personal Liability