Texas Statutes
Title 2 - Public Utility Regulatory Act
Subtitle B - Electric Utilities

Section 31.052. Cybersecurity Coordination Program for Utilities - Sec. 31.052. CYBERSECURITY COORDINATION PROGRAM FOR UTILITIES. (a) The commission...

Chapter 32 - Jurisdiction and Powers of Commission and Other Regulatory Authorities

Subchapter A. Commission Jurisdiction

Section 32.001. Commission Jurisdiction - Sec. 32.001. COMMISSION JURISDICTION. (a) Except as provided by Section...

Section 32.0015. Regulation of Successor Electric Utility or Electric Cooperative - Sec. 32.0015. REGULATION OF SUCCESSOR ELECTRIC UTILITY OR ELECTRIC COOPERATIVE....

Section 32.002. Limitation on Commission Jurisdiction - Sec. 32.002. LIMITATION ON COMMISSION JURISDICTION. Except as otherwise provided...

Section 32.003. Exempt Area Jurisdiction - Sec. 32.003. EXEMPT AREA JURISDICTION. Notwithstanding an election under Subchapter...

Section 32.004. Assistance to Municipality - Sec. 32.004. ASSISTANCE TO MUNICIPALITY. On request of a municipality,...

Subchapter B. Exemptions From Commission Jurisdiction

Section 32.051. Exemption of River Authority From Wholesale Rate Regulation - Sec. 32.051. EXEMPTION OF RIVER AUTHORITY FROM WHOLESALE RATE REGULATION....

Section 32.052. Ability of Certain River Authorities to Construct Improvements - Sec. 32.052. ABILITY OF CERTAIN RIVER AUTHORITIES TO CONSTRUCT IMPROVEMENTS....

Section 32.053. Ability of Certain River Authority Affiliates to Construct Improvements - Sec. 32.053. ABILITY OF CERTAIN RIVER AUTHORITY AFFILIATES TO CONSTRUCT...

Section 32.054. Restrictions on Authority of Corporations or River Authority - Sec. 32.054. RESTRICTIONS ON AUTHORITY OF CORPORATIONS OR RIVER AUTHORITY....

Subchapter C. Required Reports and Filings

Section 32.101. Tariff Filings - Sec. 32.101. TARIFF FILINGS. (a) An electric utility shall file...

Section 32.102. Depreciation Account - Sec. 32.102. DEPRECIATION ACCOUNT. The commission shall require each electric...

Section 32.103. Accounts of Profits and Losses - Sec. 32.103. ACCOUNTS OF PROFITS AND LOSSES. An electric or...

Section 32.104. Report of Certain Expenses - Sec. 32.104. REPORT OF CERTAIN EXPENSES. A regulatory authority may...

Chapter 33 - Jurisdiction and Powers of Municipality

Subchapter A. General Provisions

Section 33.001. Municipal Jurisdiction - Sec. 33.001. MUNICIPAL JURISDICTION. (a) To provide fair, just, and...

Section 33.002. Surrender of Municipal Jurisdiction to Commission - Sec. 33.002. SURRENDER OF MUNICIPAL JURISDICTION TO COMMISSION. (a) A...

Section 33.003. Reinstatement of Municipal Jurisdiction - Sec. 33.003. REINSTATEMENT OF MUNICIPAL JURISDICTION. (a) A municipality that...

Section 33.004. Area Exempt From Commission Regulation - Sec. 33.004. AREA EXEMPT FROM COMMISSION REGULATION. (a) If a...

Section 33.005. Exempt Area Reporting - Sec. 33.005. EXEMPT AREA REPORTING. (a) An electric utility serving...

Section 33.006. Commission Powers in Nonexempt Areas - Sec. 33.006. COMMISSION POWERS IN NONEXEMPT AREAS. This subchapter does...

Section 33.007. Allowable Charges - Sec. 33.007. ALLOWABLE CHARGES. A municipality that performs a regulatory...

Section 33.008. Franchise Charges - Sec. 33.008. FRANCHISE CHARGES. (a) Following the end of the...

Subchapter B. Rate Determination

Section 33.021. Rate Determination - Sec. 33.021. RATE DETERMINATION. (a) A municipality regulating an electric...

Section 33.0211. Rates and Fees Charged by Certain Municipally Owned Utilities - Sec. 33.0211. RATES AND FEES CHARGED BY CERTAIN MUNICIPALLY OWNED...

Section 33.022. Consideration of Revenues and Return From Nonexempt Area - Sec. 33.022. CONSIDERATION OF REVENUES AND RETURN FROM NONEXEMPT AREA....

Section 33.023. Ratemaking Proceedings - Sec. 33.023. RATEMAKING PROCEEDINGS. (a) The governing body of a...

Section 33.024. Statement of Intent - Sec. 33.024. STATEMENT OF INTENT. (a) Not later than the...

Section 33.025. Municipal Standing - Sec. 33.025. MUNICIPAL STANDING. (a) A municipality has standing in...

Section 33.026. Judicial Review - Sec. 33.026. JUDICIAL REVIEW. A municipality is entitled to judicial...

Subchapter C. Appeal of Municipal Order

Section 33.051. Appeal by Party - Sec. 33.051. APPEAL BY PARTY. A party to a rate...

Section 33.052. Appeal by Residents - Sec. 33.052. APPEAL BY RESIDENTS. The residents of a municipality...

Section 33.053. Filing of Appeal - Sec. 33.053. FILING OF APPEAL. (a) An appeal under this...

Section 33.054. Hearing and Order - Sec. 33.054. HEARING AND ORDER. (a) An appeal under this...

Section 33.055. Applicability of Rates - Sec. 33.055. APPLICABILITY OF RATES. (a) Temporary or permanent rates...

Subchapter D. Provisions Applicable to Appeal by Ratepayers Outside Municipality

Section 33.101. Appeal by Ratepayers Outside Municipality - Sec. 33.101. APPEAL BY RATEPAYERS OUTSIDE MUNICIPALITY. (a) The ratepayers...

Section 33.102. Identification of Ratepayers Outside Municipality - Sec. 33.102. IDENTIFICATION OF RATEPAYERS OUTSIDE MUNICIPALITY. (a) A municipality...

Section 33.103. Filing of Appeal - Sec. 33.103. FILING OF APPEAL. (a) Not later than the...

Section 33.104. Rate Application - Sec. 33.104. RATE APPLICATION. Not later than the 90th day...

Subchapter E. Rate Determination and Appeal of Orders of Certain Municipal Utilities

Section 33.121. Application of Commission Review - Sec. 33.121. APPLICATION OF COMMISSION REVIEW. A municipally owned utility...

Section 33.122. Review of Certain Rate Decisions - Sec. 33.122. REVIEW OF CERTAIN RATE DECISIONS. (a) Except as...

Section 33.123. Review of Certain Decisions for Rates Charged Outside Municipality - Sec. 33.123. REVIEW OF CERTAIN DECISIONS FOR RATES CHARGED OUTSIDE...

Chapter 35 - Energy Providers

Subchapter A. Competition and Transmission Access in the Wholesale Market

Section 35.001. Definition - Sec. 35.001. DEFINITION. In this subchapter, "electric utility" includes a...

Section 35.002. Right to Compete at Wholesale - Sec. 35.002. RIGHT TO COMPETE AT WHOLESALE. A provider of...

Section 35.0021. Weather Emergency Preparedness - Sec. 35.0021. WEATHER EMERGENCY PREPAREDNESS. (a) This section applies only...

Section 35.003. Purchase From Affiliate; Undue Preference Prohibited - Sec. 35.003. PURCHASE FROM AFFILIATE; UNDUE PREFERENCE PROHIBITED. (a) An...

Section 35.004. Provision of Transmission Service - Sec. 35.004. PROVISION OF TRANSMISSION SERVICE. (a) An electric utility...

Section 35.005. Authority to Order Transmission Service - Sec. 35.005. AUTHORITY TO ORDER TRANSMISSION SERVICE. (a) The commission...

Section 35.006. Rules Related to Wholesale Transmission Service, Rates, and Access - Sec. 35.006. RULES RELATED TO WHOLESALE TRANSMISSION SERVICE, RATES, AND...

Section 35.007. Tariffs Required - Sec. 35.007. TARIFFS REQUIRED. (a) Except as provided by Subsection...

Section 35.008. Alternative Dispute Resolution - Sec. 35.008. ALTERNATIVE DISPUTE RESOLUTION. The commission may require that...

Section 35.009. Amounts Paid in Lieu of Ad Valorem Taxes for Certain Facilities - Sec. 35.009. AMOUNTS PAID IN LIEU OF AD VALOREM TAXES...

Section 35.010. Costs Related to Reporting on Safety Processes and Inspections for Certain Utilities - Sec. 35.010. COSTS RELATED TO REPORTING ON SAFETY PROCESSES AND...

Subchapter B. Exempt Wholesale Generators, Distributed Natural Gas Generation Facilities, and Power Marketers

Section 35.031. Authority to Operate - Sec. 35.031. AUTHORITY TO OPERATE. An exempt wholesale generator or...

Section 35.032. Commission Registration and Required Reports - Sec. 35.032. COMMISSION REGISTRATION AND REQUIRED REPORTS. (a) An exempt...

Section 35.033. Affiliate Wholesale Provider - Sec. 35.033. AFFILIATE WHOLESALE PROVIDER. An affiliate of an electric...

Section 35.034. Transfer of Assets - Sec. 35.034. TRANSFER OF ASSETS. (a) Unless an electric utility...

Section 35.035. Valuation and Accounting of Transferred Assets - Sec. 35.035. VALUATION AND ACCOUNTING OF TRANSFERRED ASSETS. (a) A...

Section 35.036. Distributed Natural Gas Generation Facilities - Sec. 35.036. DISTRIBUTED NATURAL GAS GENERATION FACILITIES. (a) A person...

Section 35.037. Facilitating Certain Intercompany Landfill Gas-to-Electricity Use - Text of section as added by Acts 2021, 87th Leg.,...

Section 35.037. Interconnection and Operation of Certain Distributed Generation Facilities for Food Supply Chain - Text of section as added by Acts 2021, 87th Leg.,...

Subchapter C. Qualifying Facilities

Section 35.061. Encouragement of Economical Production - Sec. 35.061. ENCOURAGEMENT OF ECONOMICAL PRODUCTION. The commission shall adopt...

Section 35.062. Application for Certification - Sec. 35.062. APPLICATION FOR CERTIFICATION. (a) An electric utility or...

Section 35.063. Hearing - Sec. 35.063. HEARING. (a) The commission, on its own motion...

Section 35.064. Certification Standards - Sec. 35.064. CERTIFICATION STANDARDS. The commission shall certify an agreement...

Section 35.065. Deadlines for Commission Action - Sec. 35.065. DEADLINES FOR COMMISSION ACTION. (a) Except as provided...

Section 35.066. Term of Certification - Sec. 35.066. TERM OF CERTIFICATION. A certification of an agreement...

Subchapter E. Electric Energy Storage

Section 35.151. Electric Energy Storage - Sec. 35.151. ELECTRIC ENERGY STORAGE. This subchapter applies only to...

Section 35.152. Generation Assets - Sec. 35.152. GENERATION ASSETS. (a) Electric energy storage equipment or...

Section 35.153. Contracts for Electric Energy Storage for Reliability Services - Sec. 35.153. CONTRACTS FOR ELECTRIC ENERGY STORAGE FOR RELIABILITY SERVICES....

Chapter 36 - Rates

Subchapter A. General Provisions

Section 36.001. Authorization to Establish and Regulate Rates - Sec. 36.001. AUTHORIZATION TO ESTABLISH AND REGULATE RATES. (a) The...

Section 36.002. Compliance With Title - Sec. 36.002. COMPLIANCE WITH TITLE. An electric utility may not...

Section 36.003. Just and Reasonable Rates - Sec. 36.003. JUST AND REASONABLE RATES. (a) The regulatory authority...

Section 36.004. Equality of Rates and Services - Sec. 36.004. EQUALITY OF RATES AND SERVICES. (a) An electric...

Section 36.005. Rates for Area Not in Municipality - Sec. 36.005. RATES FOR AREA NOT IN MUNICIPALITY. Without the...

Section 36.006. Burden of Proof - Sec. 36.006. BURDEN OF PROOF. In a proceeding involving a...

Section 36.007. Discounted Wholesale or Retail Rates - Sec. 36.007. DISCOUNTED WHOLESALE OR RETAIL RATES. (a) On application...

Section 36.008. State Transmission System - Sec. 36.008. STATE TRANSMISSION SYSTEM. In establishing rates for an...

Section 36.009. Billing Demand for Certain Utility Customers - Sec. 36.009. BILLING DEMAND FOR CERTAIN UTILITY CUSTOMERS. Notwithstanding any...

Subchapter B. Computation of Rates

Section 36.051. Establishing Overall Revenues - Sec. 36.051. ESTABLISHING OVERALL REVENUES. In establishing an electric utility's...

Section 36.052. Establishing Reasonable Return - Sec. 36.052. ESTABLISHING REASONABLE RETURN. In establishing a reasonable return...

Section 36.053. Components of Invested Capital - Sec. 36.053. COMPONENTS OF INVESTED CAPITAL. (a) Electric utility rates...

Section 36.054. Construction Work in Progress - Sec. 36.054. CONSTRUCTION WORK IN PROGRESS. (a) Construction work in...

Section 36.055. Separations and Allocations - Sec. 36.055. SEPARATIONS AND ALLOCATIONS. Costs of facilities, revenues, expenses,...

Section 36.056. Depreciation, Amortization, and Depletion - Sec. 36.056. DEPRECIATION, AMORTIZATION, AND DEPLETION. (a) The commission shall...

Section 36.057. Net Income; Determination of Revenues and Expenses - Sec. 36.057. NET INCOME; DETERMINATION OF REVENUES AND EXPENSES. (a)...

Section 36.058. Consideration of Payment to Affiliate - Sec. 36.058. CONSIDERATION OF PAYMENT TO AFFILIATE. (a) Except as...

Section 36.059. Treatment of Certain Tax Benefits - Sec. 36.059. TREATMENT OF CERTAIN TAX BENEFITS. (a) In determining...

Section 36.060. Consolidated Income Tax Returns - Sec. 36.060. CONSOLIDATED INCOME TAX RETURNS. (a) If an expense...

Section 36.061. Allowance of Certain Expenses - Sec. 36.061. ALLOWANCE OF CERTAIN EXPENSES. (a) The regulatory authority...

Section 36.062. Consideration of Certain Expenses - Sec. 36.062. CONSIDERATION OF CERTAIN EXPENSES. The regulatory authority may...

Section 36.063. Consideration of Profit or Loss From Sale or Lease of Merchandise - Sec. 36.063. CONSIDERATION OF PROFIT OR LOSS FROM SALE OR...

Section 36.064. Self-Insurance - Sec. 36.064. SELF-INSURANCE. (a) An electric utility may self-insure all...

Section 36.065. Pension and Other Postemployment Benefits - Sec. 36.065. PENSION AND OTHER POSTEMPLOYMENT BENEFITS. (a) The regulatory...

Section 36.066. Costs Related to Reporting on Safety Processes and Inspections for Certain Utilities - Sec. 36.066. COSTS RELATED TO REPORTING ON SAFETY PROCESSES AND...

Subchapter C. General Procedures for Rate Changes Proposed by Utility

Section 36.101. Definition - Sec. 36.101. DEFINITION. In this subchapter, "major change" means an...

Section 36.102. Statement of Intent to Change Rates - Sec. 36.102. STATEMENT OF INTENT TO CHANGE RATES. (a) Except...

Section 36.103. Notice of Intent to Change Rates - Sec. 36.103. NOTICE OF INTENT TO CHANGE RATES. (a) The...

Section 36.104. Early Effective Date of Rate Change - Sec. 36.104. EARLY EFFECTIVE DATE OF RATE CHANGE. (a) For...

Section 36.105. Determination of Propriety of Rate Change; Hearing - Sec. 36.105. DETERMINATION OF PROPRIETY OF RATE CHANGE; HEARING. (a)...

Section 36.106. Regional Hearing - Sec. 36.106. REGIONAL HEARING. The commission shall hold a regional...

Section 36.107. Preference to Hearing - Sec. 36.107. PREFERENCE TO HEARING. The regulatory authority shall: (1)...

Section 36.108. Rate Suspension; Deadline - Sec. 36.108. RATE SUSPENSION; DEADLINE. (a) Pending the hearing and...

Section 36.109. Temporary Rates - Sec. 36.109. TEMPORARY RATES. (a) The regulatory authority may establish...

Section 36.110. Bonded Rates - Sec. 36.110. BONDED RATES. (a) An electric utility may put...

Section 36.111. Establishment of Final Rates - Sec. 36.111. ESTABLISHMENT OF FINAL RATES. (a) If, after hearing,...

Section 36.112. Cost Recovery and Rate Adjustment Standards and Procedures for Certain Non-Ercot Utilities - Sec. 36.112. COST RECOVERY AND RATE ADJUSTMENT STANDARDS AND PROCEDURES...

Subchapter D. Rate Changes Proposed by Regulatory Authority

Section 36.151. Unreasonable or Violative Existing Rates - Sec. 36.151. UNREASONABLE OR VIOLATIVE EXISTING RATES. (a) If the...

Section 36.152. Investigating Costs of Obtaining Service From Another Source - Sec. 36.152. INVESTIGATING COSTS OF OBTAINING SERVICE FROM ANOTHER SOURCE....

Section 36.153. Rate-Filing Package - Sec. 36.153. RATE-FILING PACKAGE. (a) An electric utility shall file...

Section 36.154. Deadline - Sec. 36.154. DEADLINE. (a) The regulatory authority shall make a...

Section 36.155. Interim Order Establishing Temporary Rates - Sec. 36.155. INTERIM ORDER ESTABLISHING TEMPORARY RATES. (a) At any...

Section 36.156. Automatic Temporary Rates - Sec. 36.156. AUTOMATIC TEMPORARY RATES. (a) The rates charged by...

Section 36.157. Rate Review Schedule - Sec. 36.157. RATE REVIEW SCHEDULE. (a) This section applies only...

Subchapter E. Cost Recovery and Rate Adjustment

Section 36.201. Automatic Adjustment for Changes in Costs - Sec. 36.201. AUTOMATIC ADJUSTMENT FOR CHANGES IN COSTS. Except as...

Section 36.202. Adjustment for Change in Tax Liability - Sec. 36.202. ADJUSTMENT FOR CHANGE IN TAX LIABILITY. (a) The...

Section 36.203. Fuel Cost Recovery; Adjustment of Fuel Factor - Sec. 36.203. FUEL COST RECOVERY; ADJUSTMENT OF FUEL FACTOR. (a)...

Section 36.204. Cost Recovery and Incentives - Sec. 36.204. COST RECOVERY AND INCENTIVES. In establishing rates for...

Section 36.205. Purchased Power Cost Recovery - Sec. 36.205. PURCHASED POWER COST RECOVERY. (a) This section applies...

Section 36.206. Mark-Ups - Sec. 36.206. MARK-UPS. (a) A cost recovery factor established for...

Section 36.207. Use of Mark-Ups - Sec. 36.207. USE OF MARK-UPS. Any mark-ups approved under Section...

Section 36.208. Payment to Qualifying Facility - Sec. 36.208. PAYMENT TO QUALIFYING FACILITY. In establishing an electric...

Section 36.209. Recovery by Certain Non-Ercot Utilities of Certain Transmission Costs - Sec. 36.209. RECOVERY BY CERTAIN NON-ERCOT UTILITIES OF CERTAIN TRANSMISSION...

Section 36.210. Periodic Rate Adjustments - Sec. 36.210. PERIODIC RATE ADJUSTMENTS. (a) The commission or a...

Section 36.211. Relation Back of Rates for Certain Non-Ercot Utilities - Sec. 36.211. RELATION BACK OF RATES FOR CERTAIN NON-ERCOT UTILITIES....

Section 36.212. Rate Case Requirement for Certain Non-Ercot Utilities - Sec. 36.212. RATE CASE REQUIREMENT FOR CERTAIN NON-ERCOT UTILITIES. (a)...

Section 36.213. Adjustment for Cybersecurity Monitor Costs for Certain Utilities - Sec. 36.213. ADJUSTMENT FOR CYBERSECURITY MONITOR COSTS FOR CERTAIN UTILITIES....

Section 36.214. Recovery of Generation Investment by Non-Ercot Utilities - Sec. 36.214. RECOVERY OF GENERATION INVESTMENT BY NON-ERCOT UTILITIES. (a)...

Subchapter H. Rates for Governmental Entities

Section 36.351. Discounted Rates for Certain Institutions of Higher Education - Sec. 36.351. DISCOUNTED RATES FOR CERTAIN INSTITUTIONS OF HIGHER EDUCATION....

Section 36.352. Special Rate Class - Sec. 36.352. SPECIAL RATE CLASS. Notwithstanding any other provision of...

Section 36.353. Payment in Lieu of Tax - Sec. 36.353. PAYMENT IN LIEU OF TAX. (a) A payment...

Section 36.354. Discounted Rates for Military Bases - Sec. 36.354. DISCOUNTED RATES FOR MILITARY BASES. (a) Notwithstanding any...

Subchapter I. Securitization for Recovery of System

Section 36.401. Securitization for Recovery of System Restoration Costs; Purpose - Sec. 36.401. SECURITIZATION FOR RECOVERY OF SYSTEM RESTORATION COSTS; PURPOSE....

Section 36.402. System Restoration Costs; Standards and Definitions - Sec. 36.402. SYSTEM RESTORATION COSTS; STANDARDS AND DEFINITIONS. (a) In...

Section 36.403. Standards and Procedures Governing Securitization and Recovery of System Restoration Costs - Sec. 36.403. STANDARDS AND PROCEDURES GOVERNING SECURITIZATION AND RECOVERY OF...

Section 36.404. Nonbypassable Charges - Sec. 36.404. NONBYPASSABLE CHARGES. The commission shall include terms in...

Section 36.405. Determination of System Restoration Costs - Sec. 36.405. DETERMINATION OF SYSTEM RESTORATION COSTS. (a) An electric...

Section 36.406. Severability - Sec. 36.406. SEVERABILITY. Effective on the date the first utility...

Subchapter J. Lower-Cost Financing Mechanism for Securitization for Recovery of System Restoration Costs

Section 36.451. Purpose and Applicability - Sec. 36.451. PURPOSE AND APPLICABILITY. (a) Except as otherwise specifically...

Section 36.452. Definitions - Sec. 36.452. DEFINITIONS. (a) In this subchapter: (1) "Corporation" means...

Section 36.453. Creation of Corporation - Sec. 36.453. CREATION OF CORPORATION. (a) The corporation is a...

Section 36.454. Powers and Duties of Corporation - Sec. 36.454. POWERS AND DUTIES OF CORPORATION. (a) The corporation,...

Section 36.455. Commission Regulation of Corporation - Sec. 36.455. COMMISSION REGULATION OF CORPORATION. The commission shall regulate...

Section 36.456. Financing Order - Sec. 36.456. FINANCING ORDER. (a) This section applies to the...

Section 36.457. Severability - Sec. 36.457. SEVERABILITY. Effective on the date the first system...

Chapter 37 - Certificates of Convenience and Necessity

Subchapter A. Definitions

Section 37.001. Definitions - Sec. 37.001. DEFINITIONS. In this chapter: (1) "Certificate" means a...

Section 37.002. Charging Service - Sec. 37.002. CHARGING SERVICE. The commission may by rule exempt...

Subchapter B. Certificate of Convenience and Necessity

Section 37.051. Certificate Required - Sec. 37.051. CERTIFICATE REQUIRED. (a) An electric utility may not...

Section 37.052. Exceptions to Certificate Requirement for Service Extension - Sec. 37.052. EXCEPTIONS TO CERTIFICATE REQUIREMENT FOR SERVICE EXTENSION. (a)...

Section 37.0521. Exception for Retail Sales by Certain Qualifying Cogenerators - Sec. 37.0521. EXCEPTION FOR RETAIL SALES BY CERTAIN QUALIFYING COGENERATORS....

Section 37.053. Application for Certificate - Sec. 37.053. APPLICATION FOR CERTIFICATE. (a) An electric utility that...

Section 37.054. Notice and Hearing on Application - Sec. 37.054. NOTICE AND HEARING ON APPLICATION. (a) When an...

Section 37.0541. Consolidation of Certain Proceedings - Sec. 37.0541. CONSOLIDATION OF CERTAIN PROCEEDINGS. The commission shall consolidate...

Section 37.055. Request for Preliminary Order - Sec. 37.055. REQUEST FOR PRELIMINARY ORDER. (a) An electric utility...

Section 37.056. Grant or Denial of Certificate - Sec. 37.056. GRANT OR DENIAL OF CERTIFICATE. (a) The commission...

Section 37.057. Deadline for Application for New Transmission Facility - Sec. 37.057. DEADLINE FOR APPLICATION FOR NEW TRANSMISSION FACILITY. The...

Section 37.058. Certificate and Determination Issued to Certain Non-Ercot Utilities for Generating Facility - Sec. 37.058. CERTIFICATE AND DETERMINATION ISSUED TO CERTAIN NON-ERCOT UTILITIES...

Section 37.059. Revocation or Amendment of Certificate - Sec. 37.059. REVOCATION OR AMENDMENT OF CERTIFICATE. (a) The commission...

Section 37.061. Existing Service Area Agreements - Sec. 37.061. EXISTING SERVICE AREA AGREEMENTS. (a) Notwithstanding any other...

Subchapter C. Municipalities

Section 37.101. Service in Annexed or Incorporated Area - Sec. 37.101. SERVICE IN ANNEXED OR INCORPORATED AREA. (a) If...

Section 37.102. Grant of Certificate for Certain Municipalities - Sec. 37.102. GRANT OF CERTIFICATE FOR CERTAIN MUNICIPALITIES. (a) If...

Subchapter D. Regulation of Services, Areas, and Facilities

Section 37.151. Provision of Service - Sec. 37.151. PROVISION OF SERVICE. Except as provided by Sections...

Section 37.152. Grounds for Reduction of Service - Sec. 37.152. GROUNDS FOR REDUCTION OF SERVICE. (a) Unless the...

Section 37.153. Required Refusal of Service - Sec. 37.153. REQUIRED REFUSAL OF SERVICE. A certificate holder shall...

Section 37.154. Transfer of Certificate - Sec. 37.154. TRANSFER OF CERTIFICATE. (a) An electric utility or...

Section 37.155. Application of Contracts - Sec. 37.155. APPLICATION OF CONTRACTS. A contract approved by the...

Section 37.156. Interference With Another Utility - Sec. 37.156. INTERFERENCE WITH ANOTHER UTILITY. If an electric utility...

Section 37.157. Maps - Sec. 37.157. MAPS. An electric utility shall file with the...

Chapter 38 - Regulation of Electric Services

Subchapter A. Standards

Section 38.001. General Standard - Sec. 38.001. GENERAL STANDARD. An electric utility and an electric...

Section 38.002. Authority of Regulatory Authority Concerning Standards - Sec. 38.002. AUTHORITY OF REGULATORY AUTHORITY CONCERNING STANDARDS. A regulatory...

Section 38.003. Rule or Standard - Sec. 38.003. RULE OR STANDARD. (a) An electric utility may...

Section 38.004. Minimum Clearance Standard - Sec. 38.004. MINIMUM CLEARANCE STANDARD. (a) Notwithstanding any other law,...

Section 38.005. Electric Service Reliability Measures - Sec. 38.005. ELECTRIC SERVICE RELIABILITY MEASURES. (a) The commission shall...

Subchapter B. Prohibitions on Preferences and Discrimination

Section 38.021. Unreasonable Preference or Prejudice Concerning Service Prohibited - Sec. 38.021. UNREASONABLE PREFERENCE OR PREJUDICE CONCERNING SERVICE PROHIBITED. In...

Section 38.022. Discrimination and Restriction on Competition - Sec. 38.022. DISCRIMINATION AND RESTRICTION ON COMPETITION. An electric utility...

Subchapter C. Examinations, Tests, and Inspections

Section 38.051. Examination and Test of Instrument or Equipment; Inspection - Sec. 38.051. EXAMINATION AND TEST OF INSTRUMENT OR EQUIPMENT; INSPECTION....

Section 38.052. Inspection for Consumer - Sec. 38.052. INSPECTION FOR CONSUMER. (a) A consumer may have...

Subchapter D. Improvements in Service

Section 38.071. Improvements in Service; Interconnecting Service - Sec. 38.071. IMPROVEMENTS IN SERVICE; INTERCONNECTING SERVICE. The commission, after...

Section 38.072. Priorities for Power Restoration to Certain Medical Facilities - Sec. 38.072. PRIORITIES FOR POWER RESTORATION TO CERTAIN MEDICAL FACILITIES....

Section 38.073. Authority of Commission During an Emergency - Sec. 38.073. AUTHORITY OF COMMISSION DURING AN EMERGENCY. (a) On...

Section 38.074. Critical Natural Gas Facilities and Entities - Sec. 38.074. CRITICAL NATURAL GAS FACILITIES AND ENTITIES. (a) The...

Section 38.075. Weather Emergency Preparedness - Sec. 38.075. WEATHER EMERGENCY PREPAREDNESS. (a) The commission by rule...

Section 38.076. Involuntary and Voluntary Load Shedding - Sec. 38.076. INVOLUNTARY AND VOLUNTARY LOAD SHEDDING. (a) The commission...

Section 38.077. Load Shedding Exercises - Sec. 38.077. LOAD SHEDDING EXERCISES. (a) The commission and the...

Subchapter E. Infrastructure Improvement and Maintenance Report

Section 38.101. Report on Infrastructure Improvement and Maintenance - Sec. 38.101. REPORT ON INFRASTRUCTURE IMPROVEMENT AND MAINTENANCE. (a) Not...

Section 38.102. Reports on Safety Processes and Inspections - Sec. 38.102. REPORTS ON SAFETY PROCESSES AND INSPECTIONS. (a) Each...

Subchapter F. Texas Electricity Supply Chain Security and Mapping Committee

Section 38.201. Texas Electricity Supply Chain Security and Mapping Committee - Sec. 38.201. TEXAS ELECTRICITY SUPPLY CHAIN SECURITY AND MAPPING COMMITTEE....

Section 38.202. Administration - Sec. 38.202. ADMINISTRATION. (a) The committee shall meet at least...

Section 38.203. Powers and Duties of Committee - Sec. 38.203. POWERS AND DUTIES OF COMMITTEE. (a) The committee...

Section 38.204. Mapping Report - Sec. 38.204. MAPPING REPORT. (a) Not later than January 1,...

Chapter 39 - Restructuring of Electric Utility Industry

Subchapter A. General Provisions

Section 39.001. Legislative Policy and Purpose - Sec. 39.001. LEGISLATIVE POLICY AND PURPOSE. (a) The legislature finds...

Section 39.002. Applicability - Text of section as amended by Acts 2021, 87th Leg.,...

Section 39.003. Contested Cases - Sec. 39.003. CONTESTED CASES. Unless specifically provided otherwise, each commission...

Section 39.004. Hiring Assistance for Regional Proceedings - Sec. 39.004. HIRING ASSISTANCE FOR REGIONAL PROCEEDINGS. (a) The commission...

Subchapter B. Transition to Competitive Retail Electric Market

Section 39.051. Unbundling - Sec. 39.051. UNBUNDLING. (a) On or before September 1, 2000,...

Section 39.052. Freeze on Existing Retail Base Rate Tariffs - Sec. 39.052. FREEZE ON EXISTING RETAIL BASE RATE TARIFFS. (a)...

Section 39.053. Cost Recovery Adjustments - Sec. 39.053. COST RECOVERY ADJUSTMENTS. This subchapter does not limit...

Section 39.054. Retail Electric Service During Freeze Period - Sec. 39.054. RETAIL ELECTRIC SERVICE DURING FREEZE PERIOD. (a) An...

Section 39.055. Force Majeure - Sec. 39.055. FORCE MAJEURE. (a) An electric utility may recover...

Subchapter C. Retail Competition

Section 39.101. Customer Safeguards - Sec. 39.101. CUSTOMER SAFEGUARDS. (a) Before customer choice begins on...

Section 39.102. Retail Customer Choice - Sec. 39.102. RETAIL CUSTOMER CHOICE. (a) Each retail customer in...

Section 39.1025. Limitations on Telephone Solicitation - Sec. 39.1025. LIMITATIONS ON TELEPHONE SOLICITATION. (a) A person may...

Section 39.103. Commission Authority to Delay Competition and Set New Rates - Sec. 39.103. COMMISSION AUTHORITY TO DELAY COMPETITION AND SET NEW...

Section 39.104. Customer Choice Pilot Projects - Sec. 39.104. CUSTOMER CHOICE PILOT PROJECTS. (a) Customer choice pilot...

Section 39.105. Limitation on Sale of Electricity - Sec. 39.105. LIMITATION ON SALE OF ELECTRICITY. (a) After January...

Section 39.106. Provider of Last Resort - Sec. 39.106. PROVIDER OF LAST RESORT. (a) The commission shall...

Section 39.107. Metering and Billing Services - Sec. 39.107. METERING AND BILLING SERVICES. (a) On introduction of...

Section 39.108. Contractual Obligations - Sec. 39.108. CONTRACTUAL OBLIGATIONS. This chapter may not: (1) interfere...

Section 39.109. New Owner or Successor - Sec. 39.109. NEW OWNER OR SUCCESSOR. (a) To ensure the...

Section 39.110. Wholesale Indexed Products Prohibited - Sec. 39.110. WHOLESALE INDEXED PRODUCTS PROHIBITED. (a) In this section,...

Section 39.112. Notice of Expiration and Price Change - Sec. 39.112. NOTICE OF EXPIRATION AND PRICE CHANGE. (a) In...

Subchapter D. Market Structure

Section 39.151. Essential Organizations - Sec. 39.151. ESSENTIAL ORGANIZATIONS. (a) A power region must establish...

Section 39.1511. Public Meetings of the Governing Body of an Independent Organization - Sec. 39.1511. PUBLIC MEETINGS OF THE GOVERNING BODY OF AN...

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...

Chapter 40 - Competition for Municipally Owned Utilities and River Authorities

Subchapter A. General Provisions

Section 40.001. Applicable Law - Sec. 40.001. APPLICABLE LAW. (a) Notwithstanding any other provision of...

Section 40.002. Definition - Sec. 40.002. DEFINITION. For purposes of this chapter, "body vested...

Section 40.003. Securitization - Sec. 40.003. SECURITIZATION. (a) Municipally owned utilities and river authorities...

Section 40.004. Jurisdiction of Commission - Sec. 40.004. JURISDICTION OF COMMISSION. Except as specifically otherwise provided...

Subchapter B. Municipally Owned Utility Choice

Section 40.051. Governing Body Decision - Sec. 40.051. GOVERNING BODY DECISION. (a) The municipal governing body...

Section 40.052. Utility Not Offering Customer Choice - Sec. 40.052. UTILITY NOT OFFERING CUSTOMER CHOICE. (a) A municipally...

Section 40.053. Retail Customer's Right of Choice - Sec. 40.053. RETAIL CUSTOMER'S RIGHT OF CHOICE. (a) If a...

Section 40.054. Service Outside Area - Sec. 40.054. SERVICE OUTSIDE AREA. (a) A municipally owned utility...

Section 40.055. Jurisdiction of Municipal Governing Body - Sec. 40.055. JURISDICTION OF MUNICIPAL GOVERNING BODY. (a) The municipal...

Section 40.056. Anticompetitive Actions - Sec. 40.056. ANTICOMPETITIVE ACTIONS. (a) If, on complaint by a...

Section 40.057. Billing - Sec. 40.057. BILLING. (a) A municipally owned utility that opts...

Section 40.058. Tariffs for Open Access - Sec. 40.058. TARIFFS FOR OPEN ACCESS. A municipally owned utility...

Section 40.059. Municipal Power Agency; Recovery of Stranded Costs - Sec. 40.059. MUNICIPAL POWER AGENCY; RECOVERY OF STRANDED COSTS. (a)...

Section 40.060. No Power to Amend Certificates - Sec. 40.060. NO POWER TO AMEND CERTIFICATES. Nothing in this...

Subchapter C. Rights Not Affected

Section 40.101. Interference With Contract - Sec. 40.101. INTERFERENCE WITH CONTRACT. (a) This subtitle may not...

Section 40.102. Access to Wholesale Market - Sec. 40.102. ACCESS TO WHOLESALE MARKET. Nothing in this subtitle...

Section 40.103. Protection of Bondholders - Sec. 40.103. PROTECTION OF BONDHOLDERS. Nothing in this subtitle or...

Section 40.104. Tax-Exempt Status - Sec. 40.104. TAX-EXEMPT STATUS. Nothing in this subtitle may impair...

Chapter 41 - Electric Cooperatives and Competition

Subchapter A. General Provisions

Section 41.001. Applicable Law - Sec. 41.001. APPLICABLE LAW. Notwithstanding any other provision of law,...

Section 41.002. Definitions - Sec. 41.002. DEFINITIONS. In this chapter: (1) "Board of directors"...

Section 41.003. Securitization - Sec. 41.003. SECURITIZATION. (a) Electric cooperatives may adopt and use...

Section 41.004. Jurisdiction of Commission - Sec. 41.004. JURISDICTION OF COMMISSION. Except as specifically provided otherwise...

Section 41.005. Limitation on Municipal Authority - Sec. 41.005. LIMITATION ON MUNICIPAL AUTHORITY. Notwithstanding any other provision...

Subchapter B. Electric Cooperative Utility Choice

Section 41.051. Board Decision - Sec. 41.051. BOARD DECISION. (a) The board of directors has...

Section 41.052. Electric Cooperatives Not Offering Customer Choice - Sec. 41.052. ELECTRIC COOPERATIVES NOT OFFERING CUSTOMER CHOICE. (a) An...

Section 41.053. Retail Customer Right of Choice - Sec. 41.053. RETAIL CUSTOMER RIGHT OF CHOICE. (a) If an...

Section 41.054. Service Outside Certificated Area - Sec. 41.054. SERVICE OUTSIDE CERTIFICATED AREA. (a) Notwithstanding any provisions...

Section 41.055. Jurisdiction of Board of Directors - Sec. 41.055. JURISDICTION OF BOARD OF DIRECTORS. A board of...

Section 41.056. Anticompetitive Actions - Sec. 41.056. ANTICOMPETITIVE ACTIONS. (a) If, after notice and hearing,...

Section 41.057. Billing - Sec. 41.057. BILLING. (a) An electric cooperative that opts for...

Section 41.058. Tariffs for Open Access - Sec. 41.058. TARIFFS FOR OPEN ACCESS. An electric cooperative that...

Section 41.059. No Power to Amend Certificates - Sec. 41.059. NO POWER TO AMEND CERTIFICATES. Nothing in this...

Section 41.060. Customer Service Information - Sec. 41.060. CUSTOMER SERVICE INFORMATION. (a) The commission shall keep...

Section 41.061. Retail Rate Changes by Electric Cooperatives - Sec. 41.061. RETAIL RATE CHANGES BY ELECTRIC COOPERATIVES. (a) This...

Section 41.062. Allocation of Stranded Investment - Sec. 41.062. ALLOCATION OF STRANDED INVESTMENT. Any competition transition charge...

Subchapter C. Rights Not Affected

Section 41.101. Interference With Contract - Sec. 41.101. INTERFERENCE WITH CONTRACT. (a) This subtitle may not...

Section 41.102. Access to Wholesale Market - Sec. 41.102. ACCESS TO WHOLESALE MARKET. Nothing in this subtitle...

Section 41.103. Protection of Bondholders - Sec. 41.103. PROTECTION OF BONDHOLDERS. Nothing in this subtitle or...

Section 41.104. Tax-Exempt Status - Sec. 41.104. TAX-EXEMPT STATUS. Nothing in this subtitle may impair...

Subchapter D. Market Participation and Securitization

Section 41.151. Purpose - Sec. 41.151. PURPOSE. (a) The purpose of this subchapter is...

Section 41.152. Definitions - Sec. 41.152. DEFINITIONS. In this subchapter: (1) "Assignee" means any...

Section 41.153. Financing Orders; Terms - Sec. 41.153. FINANCING ORDERS; TERMS. (a) The board shall adopt...

Section 41.154. Property Rights - Sec. 41.154. PROPERTY RIGHTS. (a) The rights and interests of...

Section 41.155. No Setoff - Sec. 41.155. NO SETOFF. The interest of an assignee or...

Section 41.156. No Bypass - Sec. 41.156. NO BYPASS. (a) A financing order shall include...

Section 41.157. True-Up - Sec. 41.157. TRUE-UP. (a) A financing order shall be reviewed...

Section 41.158. True Sale - Sec. 41.158. TRUE SALE. An agreement by an electric cooperative...

Section 41.159. Security Interests; Assignment; Commingling; Default - Sec. 41.159. SECURITY INTERESTS; ASSIGNMENT; COMMINGLING; DEFAULT. (a) Securitized property...

Section 41.160. Pledge of State - Sec. 41.160. PLEDGE OF STATE. Securitized bonds are not a...

Section 41.161. Tax Exemption - Sec. 41.161. TAX EXEMPTION. Transactions involving the transfer and ownership...

Section 41.162. Not Public Utility - Sec. 41.162. NOT PUBLIC UTILITY. An assignee or financing party...

Section 41.163. Severability - Sec. 41.163. SEVERABILITY. Effective on the date the first securitized...

Chapter 43 - Provision of Middle Mile Broadband Service by Electric Utilities

Subchapter A. General Provisions

Section 43.001. Legislative Findings - Sec. 43.001. LEGISLATIVE FINDINGS. (a) The legislature finds that access...

Section 43.002. Applicability - Sec. 43.002. APPLICABILITY. (a) This chapter applies to an electric...

Section 43.003. Definitions - Sec. 43.003. DEFINITIONS. In this chapter: (1) "Broadband service" means...

Subchapter B. Development of Middle Mile Broadband Service

Section 43.051. Authorization for Middle Mile Broadband Service - Sec. 43.051. AUTHORIZATION FOR MIDDLE MILE BROADBAND SERVICE. (a) An...

Section 43.052. Charges - Sec. 43.052. CHARGES. An electric utility that owns and operates...

Section 43.053. No Additional Easements or Consideration Required - Sec. 43.053. NO ADDITIONAL EASEMENTS OR CONSIDERATION REQUIRED. (a) Because...

Section 43.054. Reliability of Electric Systems Maintained - Sec. 43.054. RELIABILITY OF ELECTRIC SYSTEMS MAINTAINED. An electric utility...

Subchapter C. Implementation of Middle Mile Broadband Service by Electric Utility

Section 43.101. Participation by Electric Utility - Sec. 43.101. PARTICIPATION BY ELECTRIC UTILITY. (a) An electric utility...

Section 43.102. Commission Review of Utility Middle Mile Plan - Sec. 43.102. COMMISSION REVIEW OF UTILITY MIDDLE MILE PLAN. (a)...

Section 43.103. Cost Recovery for Deployment of Middle Mile Broadband Facilities - Sec. 43.103. COST RECOVERY FOR DEPLOYMENT OF MIDDLE MILE BROADBAND...

Subchapter D. Miscellaneous Provisions

Section 43.151. Compliance With Federal and State Law - Sec. 43.151. COMPLIANCE WITH FEDERAL AND STATE LAW. An electric...

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Texas Statutes Title 2 - Public Utility Regulatory Act Subtitle B - Electric Utilities

Texas Statutes
Title 2 - Public Utility Regulatory Act
Subtitle B - Electric Utilities