Sec. 39.456. FRANCHISE AGREEMENTS. A municipality, with the agreement of an electric utility, may accelerate the expiration date of a franchise agreement that was in existence on September 1, 1999. Any new franchise agreement must be approved by the governing body of the municipality. To the extent that a new franchise agreement would result in an increase in the payment of franchise fees to the municipality, and subject to the terms of the franchise agreement, either the electric utility or the municipality, without the need for a rate proceeding under Chapter 36, may file with the commission for approval of a rider for the electric utility's recovery of franchise payments resulting from the agreement, so long as such rider is collected only from customers of the electric utility that are located within the boundaries of the municipality.
Added by Acts 2005, 79th Leg., Ch. 1072 (H.B. 1567), Sec. 1, eff. June 18, 2005.
Structure Texas Statutes
Title 2 - Public Utility Regulatory Act
Subtitle B - Electric Utilities
Chapter 39 - Restructuring of Electric Utility Industry
Subchapter J. Transition to Competition in Certain
Section 39.452. Regulation of Utility and Transition to Competition
Section 39.4525. Hiring Assistance for Federal Proceedings
Section 39.453. Customer Choice and Relevant Market and Related Matters
Section 39.454. Recoupment of Transition to Competition Costs
Section 39.455. Recovery of Incremental Capacity Costs
Section 39.456. Franchise Agreements
Section 39.457. Contractual Rights
Section 39.458. Recovery and Securitization of Hurricane Reconstruction Costs; Purpose
Section 39.459. Hurricane Reconstruction Costs
Section 39.460. Standards and Procedures Governing Securitization of Hurricane Reconstruction Costs
Section 39.461. Nonbypassable Charges
Section 39.462. Determination of Hurricane Reconstruction Costs