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Chapter 101 - General Provisions and Office of Public Utility Counsel
Subchapter A. General Provisions
Section 101.001. Short Title - Sec. 101.001. SHORT TITLE. This subtitle may be cited as...
Section 101.002. Purpose and Findings - Sec. 101.002. PURPOSE AND FINDINGS. (a) This subtitle is enacted...
Section 101.003. Definitions - Sec. 101.003. DEFINITIONS. In this subtitle: (1) "Affected person" means:...
Section 101.004. Person Determined to Be Affiliate - Sec. 101.004. PERSON DETERMINED TO BE AFFILIATE. (a) The railroad...
Section 101.005. Administrative Procedure - Sec. 101.005. ADMINISTRATIVE PROCEDURE. Chapter 2001, Government Code, applies to...
Section 101.006. Cumulative Effect; Application to Gas Utilities - Sec. 101.006. CUMULATIVE EFFECT; APPLICATION TO GAS UTILITIES. (a) This...
Section 101.007. Liberal Construction - Sec. 101.007. LIBERAL CONSTRUCTION. This subtitle shall be construed liberally...
Section 101.008. Construction With Federal Authority - Sec. 101.008. CONSTRUCTION WITH FEDERAL AUTHORITY. This subtitle shall be...
Section 101.009. State Authority to Sell or Convey Natural Gas - Sec. 101.009. STATE AUTHORITY TO SELL OR CONVEY NATURAL GAS....
Subchapter B. Office of Public Utility Counsel
Section 101.051. Office of Public Utility Counsel - Sec. 101.051. OFFICE OF PUBLIC UTILITY COUNSEL. The independent office...
Section 101.052. Office Powers and Duties - Sec. 101.052. OFFICE POWERS AND DUTIES. (a) The office: (1)...
Section 101.053. Prohibited Acts - Sec. 101.053. PROHIBITED ACTS. (a) The counsellor may not: (1)...
Section 101.054. Personnel - Sec. 101.054. PERSONNEL. (a) The counsellor may employ lawyers, economists,...
Chapter 102 - Jurisdiction and Powers of Railroad Commission and Other Regulatory Authorities
Subchapter A. General Powers of Railroad Commission
Section 102.001. Railroad Commission Jurisdiction - Sec. 102.001. RAILROAD COMMISSION JURISDICTION. (a) The railroad commission has...
Section 102.002. Limitation on Railroad Commission Jurisdiction - Sec. 102.002. LIMITATION ON RAILROAD COMMISSION JURISDICTION. Except as otherwise...
Section 102.003. Railroad Commission Powers Relating to Reports - Sec. 102.003. RAILROAD COMMISSION POWERS RELATING TO REPORTS. The railroad...
Section 102.004. Report of Substantial Interest - Sec. 102.004. REPORT OF SUBSTANTIAL INTEREST. The railroad commission may...
Section 102.005. Assistance to Municipality - Sec. 102.005. ASSISTANCE TO MUNICIPALITY. On request of a municipality,...
Section 102.006. Administrative Hearings in Contested Cases - Sec. 102.006. ADMINISTRATIVE HEARINGS IN CONTESTED CASES. (a) The railroad...
Subchapter B. Restrictions on Certain Transactions
Section 102.051. Report of Certain Transactions; Railroad Commission Consideration - Sec. 102.051. REPORT OF CERTAIN TRANSACTIONS; RAILROAD COMMISSION CONSIDERATION. (a)...
Section 102.052. Report of Purchase of Voting Stock in Gas Utility - Sec. 102.052. REPORT OF PURCHASE OF VOTING STOCK IN GAS...
Section 102.053. Report of Loan to Stockholders - Sec. 102.053. REPORT OF LOAN TO STOCKHOLDERS. A gas utility...
Subchapter C. Records
Section 102.101. Records of Gas Utility - Sec. 102.101. RECORDS OF GAS UTILITY. (a) Each gas utility...
Section 102.102. Maintenance of Office and Records in This State - Sec. 102.102. MAINTENANCE OF OFFICE AND RECORDS IN THIS STATE....
Section 102.103. Communications With Regulatory Authority - Sec. 102.103. COMMUNICATIONS WITH REGULATORY AUTHORITY. (a) The regulatory authority...
Section 102.104. Jurisdiction Over Affiliate - Sec. 102.104. JURISDICTION OVER AFFILIATE. The railroad commission has jurisdiction...
Subchapter D. Required Reports and Filings
Section 102.151. Schedule Filings - Sec. 102.151. SCHEDULE FILINGS. (a) A gas utility shall file...
Section 102.152. Depreciation Account - Sec. 102.152. DEPRECIATION ACCOUNT. The railroad commission shall require each...
Section 102.153. Accounts of Profits and Losses - Sec. 102.153. ACCOUNTS OF PROFITS AND LOSSES. A gas utility...
Section 102.154. Report of Certain Expenses - Sec. 102.154. REPORT OF CERTAIN EXPENSES. A regulatory authority may...
Subchapter E. Audits and Inspections
Section 102.201. Inquiry Into Management and Affairs - Sec. 102.201. INQUIRY INTO MANAGEMENT AND AFFAIRS. A regulatory authority...
Section 102.202. Audit of Accounts - Sec. 102.202. AUDIT OF ACCOUNTS. A regulatory authority may require...
Section 102.203. Inspection - Sec. 102.203. INSPECTION. At a reasonable time for a reasonable...
Section 102.204. Examinations Under Oath - Sec. 102.204. EXAMINATIONS UNDER OATH. In connection with an investigation...
Section 102.205. Entering Premises of Gas Utility - Sec. 102.205. ENTERING PREMISES OF GAS UTILITY. (a) A member,...
Section 102.206. Production of Out-of-State Records - Sec. 102.206. PRODUCTION OF OUT-OF-STATE RECORDS. (a) A regulatory authority...
Subchapter F. General Provisions Relating to Proceedings Before Regulatory Authority
Section 102.251. Record of Proceeding - Sec. 102.251. RECORD OF PROCEEDING. The regulatory authority shall keep...
Section 102.252. Right to Be Heard - Sec. 102.252. RIGHT TO BE HEARD. Each party to a...
Chapter 103 - Jurisdiction and Powers of Municipality
Section 103.001. Municipal Jurisdiction - Sec. 103.001. MUNICIPAL JURISDICTION. To provide fair, just, and reasonable...
Section 103.002. Franchises - Sec. 103.002. FRANCHISES. (a) This subtitle does not restrict the...
Section 103.003. Surrender of Municipal Jurisdiction to Railroad Commission; Reinstatement of Jurisdiction - Sec. 103.003. SURRENDER OF MUNICIPAL JURISDICTION TO RAILROAD COMMISSION; REINSTATEMENT...
Subchapter B. Rate Determination
Section 103.021. Municipal Proceedings - Sec. 103.021. MUNICIPAL PROCEEDINGS. (a) A municipality regulating a gas...
Section 103.022. Rate Assistance and Cost Reimbursement - Sec. 103.022. RATE ASSISTANCE AND COST REIMBURSEMENT. (a) The governing...
Section 103.023. Municipal Standing - Sec. 103.023. MUNICIPAL STANDING. (a) A municipality has standing in...
Section 103.024. Judicial Review - Sec. 103.024. JUDICIAL REVIEW. A municipality is entitled to judicial...
Subchapter C. Appeal of Municipal Order
Section 103.051. Appeal by Party - Sec. 103.051. APPEAL BY PARTY. A party to a rate...
Section 103.052. Appeal by Residents - Sec. 103.052. APPEAL BY RESIDENTS. The residents of a municipality...
Section 103.053. Appeal by Ratepayers Outside Municipality - Sec. 103.053. APPEAL BY RATEPAYERS OUTSIDE MUNICIPALITY. (a) The ratepayers...
Section 103.054. Filing of Appeal - Sec. 103.054. FILING OF APPEAL. (a) An appeal under this...
Section 103.055. Hearing and Order - Sec. 103.055. HEARING AND ORDER. (a) An appeal under this...
Section 103.056. Applicability of Rates - Sec. 103.056. APPLICABILITY OF RATES. Temporary or permanent rates set...
Chapter 104 - Rates and Services
Section 104.001. Authorization to Establish and Regulate Rates - Sec. 104.001. AUTHORIZATION TO ESTABLISH AND REGULATE RATES. (a) The...
Section 104.002. Compliance With Subtitle - Sec. 104.002. COMPLIANCE WITH SUBTITLE. A gas utility may not:...
Section 104.003. Just and Reasonable Rates - Sec. 104.003. JUST AND REASONABLE RATES. (a) The regulatory authority...
Section 104.004. Unreasonable Preference or Prejudice Prohibited - Sec. 104.004. UNREASONABLE PREFERENCE OR PREJUDICE PROHIBITED. A gas utility...
Section 104.005. Equality of Rates and Services - Sec. 104.005. EQUALITY OF RATES AND SERVICES. (a) A gas...
Section 104.006. Rates for Area Not in Municipality - Sec. 104.006. RATES FOR AREA NOT IN MUNICIPALITY. Without the...
Section 104.007. Discrimination and Restriction on Competition - Sec. 104.007. DISCRIMINATION AND RESTRICTION ON COMPETITION. A gas utility...
Section 104.008. Burden of Proof - Sec. 104.008. BURDEN OF PROOF. In a proceeding involving a...
Subchapter B. Computation of Rates
Section 104.051. Establishing Overall Revenues - Sec. 104.051. ESTABLISHING OVERALL REVENUES. In establishing a gas utility's...
Section 104.052. Establishing Fair Rate of Return - Sec. 104.052. ESTABLISHING FAIR RATE OF RETURN. The regulatory authority...
Section 104.053. Components of Adjusted Value of Invested Capital - Sec. 104.053. COMPONENTS OF ADJUSTED VALUE OF INVESTED CAPITAL. (a)...
Section 104.054. Depreciation, Amortization, and Depletion - Sec. 104.054. DEPRECIATION, AMORTIZATION, AND DEPLETION. (a) The railroad commission...
Section 104.055. Net Income; Allowable Expenses - Sec. 104.055. NET INCOME; ALLOWABLE EXPENSES. (a) Net income shall...
Section 104.056. Treatment of Certain Tax Benefits - Sec. 104.056. TREATMENT OF CERTAIN TAX BENEFITS. (a) In determining...
Section 104.057. Consideration of Certain Expenses - Sec. 104.057. CONSIDERATION OF CERTAIN EXPENSES. (a) In establishing a...
Section 104.058. Consideration of Profit or Loss From Sale or Lease of Merchandise - Sec. 104.058. CONSIDERATION OF PROFIT OR LOSS FROM SALE OR...
Section 104.059. Pension and Other Postemployment Benefits - Sec. 104.059. PENSION AND OTHER POSTEMPLOYMENT BENEFITS. (a) In establishing...
Section 104.060. Consideration of Compensation and Benefit Expenses - Sec. 104.060. CONSIDERATION OF COMPENSATION AND BENEFIT EXPENSES. (a) In...
Subchapter C. Rate Changes Proposed by Utility
Section 104.101. Definition - Sec. 104.101. DEFINITION. In this subchapter, "major change" means an...
Section 104.102. Statement of Intent to Increase Rates - Sec. 104.102. STATEMENT OF INTENT TO INCREASE RATES. (a) A...
Section 104.103. Notice of Intent to Increase Rates - Sec. 104.103. NOTICE OF INTENT TO INCREASE RATES. (a) The...
Section 104.104. Early Effective Date of Rate Increase - Sec. 104.104. EARLY EFFECTIVE DATE OF RATE INCREASE. (a) For...
Section 104.105. Determination of Propriety of Rate Change; Hearing - Sec. 104.105. DETERMINATION OF PROPRIETY OF RATE CHANGE; HEARING. (a)...
Section 104.106. Preference to Hearing - Sec. 104.106. PREFERENCE TO HEARING. The regulatory authority shall: (1)...
Section 104.107. Rate Suspension; Deadline - Sec. 104.107. RATE SUSPENSION; DEADLINE. (a) Pending the hearing and...
Section 104.108. Temporary Rates - Sec. 104.108. TEMPORARY RATES. (a) The regulatory authority may establish...
Section 104.109. Bonded Rates - Sec. 104.109. BONDED RATES. (a) A gas utility may put...
Section 104.110. Establishment of Final Rates - Sec. 104.110. ESTABLISHMENT OF FINAL RATES. (a) If, after hearing,...
Section 104.111. Approval of Decrease in Rates - Sec. 104.111. APPROVAL OF DECREASE IN RATES. Notwithstanding any other...
Section 104.112. Surcharge to Recover Relocation Costs - Sec. 104.112. SURCHARGE TO RECOVER RELOCATION COSTS. (a) This section...
Subchapter D. Rate Changes Proposed by Commission
Section 104.151. Unreasonable or Violative Existing Rates - Sec. 104.151. UNREASONABLE OR VIOLATIVE EXISTING RATES. (a) If the...
Section 104.152. Investigating Costs of Obtaining Service From Another Source - Sec. 104.152. INVESTIGATING COSTS OF OBTAINING SERVICE FROM ANOTHER SOURCE....
Subchapter E. Rates for Governmental Entities
Section 104.201. Transportation Rates Between Gas Utility or Municipally Owned Utility and State Agency - Sec. 104.201. TRANSPORTATION RATES BETWEEN GAS UTILITY OR MUNICIPALLY OWNED...
Section 104.202. Excluded Expenses - Sec. 104.202. EXCLUDED EXPENSES. (a) The rates that a gas...
Section 104.203. Payment in Lieu of Tax - Sec. 104.203. PAYMENT IN LIEU OF TAX. (a) A payment...
Subchapter F. Services
Section 104.251. General Standard - Sec. 104.251. GENERAL STANDARD. A gas utility shall furnish service,...
Section 104.252. Authority of Regulatory Authority Concerning Standards - Sec. 104.252. AUTHORITY OF REGULATORY AUTHORITY CONCERNING STANDARDS. A regulatory...
Section 104.253. Rule or Standard - Sec. 104.253. RULE OR STANDARD. (a) A gas utility may...
Section 104.254. Service - Sec. 104.254. SERVICE. A gas utility or municipally owned utility...
Section 104.2545. Required Service to Public Retail Customer - Sec. 104.2545. REQUIRED SERVICE TO PUBLIC RETAIL CUSTOMER. (a) In...
Section 104.255. Billing - Sec. 104.255. BILLING. (a) A gas utility or municipally owned...
Section 104.2551. Electronic Billing - Sec. 104.2551. ELECTRONIC BILLING. A gas utility or municipally owned...
Section 104.256. Examination and Test of Instrument or Equipment; Inspection - Sec. 104.256. EXAMINATION AND TEST OF INSTRUMENT OR EQUIPMENT; INSPECTION....
Section 104.257. Inspection for Consumer - Sec. 104.257. INSPECTION FOR CONSUMER. (a) A consumer may have...
Section 104.258. Disconnection of Gas Service - Sec. 104.258. DISCONNECTION OF GAS SERVICE. (a) In this section:...
Subchapter G. Interim Cost Recovery and Rate Adjustment
Section 104.301. Interim Adjustment for Changes in Investment - Sec. 104.301. INTERIM ADJUSTMENT FOR CHANGES IN INVESTMENT. (a) A...
Subchapter H. Protection Against Utility Service Disconnection
Section 104.351. Definitions - Sec. 104.351. DEFINITIONS. In this subchapter: (1) "Customer" means any...
Section 104.352. Notice of Disconnection to Municipalities for Nonsubmetered Master Metered Multifamily Properties - Sec. 104.352. NOTICE OF DISCONNECTION TO MUNICIPALITIES FOR NONSUBMETERED MASTER...
Section 104.353. Additional Safeguards - Sec. 104.353. ADDITIONAL SAFEGUARDS. (a) The customer safeguards provided by...
Subchapter I. Customer Rate Relief Bonds
Section 104.361. Purpose; Railroad Commission Duty - Sec. 104.361. PURPOSE; RAILROAD COMMISSION DUTY. (a) The purpose of...
Section 104.362. Definitions - Sec. 104.362. DEFINITIONS. In this subchapter: (1) "Ancillary agreement" means...
Section 104.363. Extraordinary Costs - Sec. 104.363. EXTRAORDINARY COSTS. For the purposes of this subchapter,...
Section 104.364. Jurisdiction and Powers of Railroad Commission and Other Regulatory Authorities - Sec. 104.364. JURISDICTION AND POWERS OF RAILROAD COMMISSION AND OTHER...
Section 104.365. Regulatory Asset Determination - Sec. 104.365. REGULATORY ASSET DETERMINATION. (a) The railroad commission, on...
Section 104.366. Financing Orders and Issuance of Customer Rate Relief Bonds - Sec. 104.366. FINANCING ORDERS AND ISSUANCE OF CUSTOMER RATE RELIEF...
Section 104.367. Property Rights - Sec. 104.367. PROPERTY RIGHTS. (a) Customer rate relief bonds are...
Section 104.368. Property Interest Not Subject to Setoff, Counterclaim, Surcharge, or Defense - Sec. 104.368. PROPERTY INTEREST NOT SUBJECT TO SETOFF, COUNTERCLAIM, SURCHARGE,...
Section 104.369. Customer Rate Relief Charges Nonbypassable - Sec. 104.369. CUSTOMER RATE RELIEF CHARGES NONBYPASSABLE. A financing order...
Section 104.370. True-Up Mechanism - Sec. 104.370. TRUE-UP MECHANISM. (a) A financing order must include...
Section 104.371. Security Interests; Assignment; Commingling; Default - Sec. 104.371. SECURITY INTERESTS; ASSIGNMENT; COMMINGLING; DEFAULT. (a) Customer rate...
Section 104.372. Bond Proceeds in Trust - Sec. 104.372. BOND PROCEEDS IN TRUST. (a) The issuing financing...
Section 104.373. Repayment of Customer Rate Relief Bonds - Sec. 104.373. REPAYMENT OF CUSTOMER RATE RELIEF BONDS. (a) As...
Section 104.374. Pledge of State - Sec. 104.374. PLEDGE OF STATE. (a) Customer rate relief bonds...
Section 104.375. Tax Exemption - Sec. 104.375. TAX EXEMPTION. (a) The sale or purchase of...
Section 104.376. Recoverable Tax Expense - Sec. 104.376. RECOVERABLE TAX EXPENSE. A tax obligation of the...
Section 104.377. Issuing Financing Entity or Financing Party Not Public Utility - Sec. 104.377. ISSUING FINANCING ENTITY OR FINANCING PARTY NOT PUBLIC...
Section 104.378. No Personal Liability - Sec. 104.378. NO PERSONAL LIABILITY. A commissioner of the railroad...
Section 104.379. Catastrophic Weather Event Study - Sec. 104.379. CATASTROPHIC WEATHER EVENT STUDY. (a) The railroad commission...
Section 104.380. Severability - Sec. 104.380. SEVERABILITY. After the date customer rate relief bonds...
Chapter 105 - Judicial Review; Enforcement and Penalties
Subchapter A. Judicial Review
Section 105.001. Right to Judicial Review - Sec. 105.001. RIGHT TO JUDICIAL REVIEW. (a) Any party to...
Section 105.002. Judicial Stay or Suspension - Sec. 105.002. JUDICIAL STAY OR SUSPENSION. While an appeal of...
Subchapter B. Enforcement and Penalties
Section 105.021. Action to Enjoin or Require Compliance - Sec. 105.021. ACTION TO ENJOIN OR REQUIRE COMPLIANCE. (a) The...
Section 105.022. Contempt - Sec. 105.022. CONTEMPT. The railroad commission may file an action...
Section 105.023. Civil Penalty Against Gas Utility or Affiliate - Sec. 105.023. CIVIL PENALTY AGAINST GAS UTILITY OR AFFILIATE. (a)...
Section 105.024. Offense - Sec. 105.024. OFFENSE. (a) A person commits an offense if...
Section 105.025. Place for Suit - Sec. 105.025. PLACE FOR SUIT. A suit for an injunction...
Section 105.026. Penalties Cumulative - Sec. 105.026. PENALTIES CUMULATIVE. (a) A penalty that accrues under...
Section 105.027. Disposition of Fines and Penalties - Sec. 105.027. DISPOSITION OF FINES AND PENALTIES. A fine or...
Subchapter C. Complaints
Section 105.051. Complaint by Affected Person - Sec. 105.051. COMPLAINT BY AFFECTED PERSON. An affected person may...