Sec. 40.051. GOVERNING BODY DECISION. (a) The municipal governing body or a body vested with the power to manage and operate a municipally owned utility has the discretion to decide when or if the municipally owned utility will provide customer choice.
(b) Municipally owned utilities may choose to participate in customer choice at any time on or after January 1, 2002, by adoption of an appropriate resolution of the municipal governing body or a body vested with power to manage and operate the municipally owned utility. The decision to participate in customer choice by the adoption of a resolution is irrevocable.
(c) After a decision to offer customer choice has been made, Subchapters D and E, Chapter 33, do not apply to any action taken under this chapter.
Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.
Structure Texas Statutes
Title 2 - Public Utility Regulatory Act
Subtitle B - Electric Utilities
Chapter 40 - Competition for Municipally Owned Utilities and River Authorities
Subchapter B. Municipally Owned Utility Choice
Section 40.051. Governing Body Decision
Section 40.052. Utility Not Offering Customer Choice
Section 40.053. Retail Customer's Right of Choice
Section 40.054. Service Outside Area
Section 40.055. Jurisdiction of Municipal Governing Body
Section 40.056. Anticompetitive Actions
Section 40.058. Tariffs for Open Access
Section 40.059. Municipal Power Agency; Recovery of Stranded Costs