reglab/housing_qa huggingface dataset:
TX Util § 103.001 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 103 - Jurisdiction and Powers of Municipality|Subchapter A. General Provisions|Section 103.001. Municipal Jurisdiction

Sec. 103.001.  MUNICIPAL JURISDICTION.  To provide fair, just, and reasonable rates and adequate and efficient services, the governing body of a municipality has exclusive original jurisdiction over the rates, operations, and services of a gas utility within the municipality, subject to the limitations imposed by this subtitle, unless the municipality surrenders its jurisdiction to the railroad commission under Section 103.003.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1233, Sec. 65, eff. Sept. 1, 2001.|
TX Util § 103.002 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 103 - Jurisdiction and Powers of Municipality|Subchapter A. General Provisions|Section 103.002. Franchises

Sec. 103.002.  FRANCHISES.  (a)  This subtitle does not restrict the rights and powers of a municipality to grant or refuse a franchise to use the streets and alleys in the municipality or to make a statutory charge for that use.(b)  A municipality that performs a regulatory function under this subtitle may make each charge that is authorized by:(1)  this subtitle;  or(2)  the applicable franchise agreement.(c)  A franchise agreement may not limit or interfere with a power conferred on the railroad commission by this subtitle.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 103.003 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 103 - Jurisdiction and Powers of Municipality|Subchapter A. General Provisions|Section 103.003. Surrender of Municipal Jurisdiction to Railroad Commission; Reinstatement of Jurisdiction

Sec. 103.003.  SURRENDER OF MUNICIPAL JURISDICTION TO RAILROAD COMMISSION;  REINSTATEMENT OF JURISDICTION.  (a)  A municipality may elect to have the railroad commission exercise exclusive original jurisdiction over gas utility rates, operations, and services in the municipality by ordinance or by submitting the question of the surrender of its jurisdiction to the voters at a municipal election.(b)  The governing body of a municipality shall submit at a municipal election the question of surrendering its jurisdiction to the railroad commission if the governing body receives a petition signed by a number of qualified voters of the municipality equal to at least the lesser of 20,000 or 10 percent of the number of voters voting in the last preceding general election in the municipality.(c)  A municipality may not elect to surrender its jurisdiction while a case involving the municipality is pending.(d)  A municipality that surrenders its jurisdiction to the railroad commission may reinstate its jurisdiction.  The provisions of this section governing the surrender of jurisdiction apply to the reinstatement of jurisdiction.|Added by Acts 2001, 77th Leg., ch. 1233, Sec. 66, eff. Sept. 1, 2001.|
TX Util § 103.021 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 103 - Jurisdiction and Powers of Municipality|Subchapter B. Rate Determination|Section 103.021. Municipal Proceedings

Sec. 103.021.  MUNICIPAL PROCEEDINGS.  (a)  A municipality regulating a gas utility under this subtitle shall require the utility to submit information as necessary to make a reasonable determination of rate base, expenses, investment, and rate of return in the municipality.(b)  A municipality shall make a determination under Subsection (a) using the procedures and requirements prescribed by this subtitle.(c)  A municipality shall retain personnel necessary to make the determination of reasonable rates.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 103.022 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 103 - Jurisdiction and Powers of Municipality|Subchapter B. Rate Determination|Section 103.022. Rate Assistance and Cost Reimbursement

Sec. 103.022.  RATE ASSISTANCE AND COST REIMBURSEMENT.  (a)  The governing body of a municipality participating in or conducting a ratemaking proceeding may engage rate consultants, accountants, auditors, attorneys, and engineers to:(1)  conduct investigations, present evidence, and advise and represent the governing body;  and(2)  assist the governing body with litigation or a gas utility ratemaking proceeding before a regulatory authority or court.(b)  The gas utility in the ratemaking proceeding shall reimburse the governing body of the municipality for the reasonable cost of the services of a person engaged under Subsection (a) to the extent the applicable regulatory authority determines reasonable.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 103.023 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 103 - Jurisdiction and Powers of Municipality|Subchapter B. Rate Determination|Section 103.023. Municipal Standing

Sec. 103.023.  MUNICIPAL STANDING.  (a)  A municipality has standing in each case before the railroad commission that relates to a gas utility's rates and services in the municipality.(b)  A municipality's standing is subject to the right of the railroad commission to consolidate that municipality with another party on an issue of common interest.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 103.024 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 103 - Jurisdiction and Powers of Municipality|Subchapter B. Rate Determination|Section 103.024. Judicial Review

Sec. 103.024.  JUDICIAL REVIEW.  A municipality is entitled to judicial review of a railroad commission order relating to a gas utility's rates and services in a municipality as provided by Section 105.001.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 103.051 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 103 - Jurisdiction and Powers of Municipality|Subchapter C. Appeal of Municipal Order|Section 103.051. Appeal by Party

Sec. 103.051.  APPEAL BY PARTY.  A party to a rate proceeding before a municipality's governing body may appeal the governing body's decision to the railroad commission.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 103.052 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 103 - Jurisdiction and Powers of Municipality|Subchapter C. Appeal of Municipal Order|Section 103.052. Appeal by Residents

Sec. 103.052.  APPEAL BY RESIDENTS.  The residents of a municipality may appeal to the railroad commission the decision of the municipality's governing body in a rate proceeding by filing with the railroad commission a petition for review signed by a number of qualified voters of the municipality equal to at least the lesser of 20,000 or 10 percent of the qualified voters of the municipality.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 103.053 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 103 - Jurisdiction and Powers of Municipality|Subchapter C. Appeal of Municipal Order|Section 103.053. Appeal by Ratepayers Outside Municipality

Sec. 103.053.  APPEAL BY RATEPAYERS OUTSIDE MUNICIPALITY.  (a)  The ratepayers of a municipally owned utility who are outside the municipality may appeal to the railroad commission an action of the municipality's governing body affecting the municipally owned utility's rates by filing with the railroad commission a petition for review signed by a number of ratepayers served by the utility outside the municipality equal to at least the lesser of 10,000 or five percent of those ratepayers.(b)  A petition for review is properly signed if signed by a person or the spouse of a person in whose name residential utility service is carried.(c)  For purposes of this section, each person who receives a separate bill is a ratepayer.  A person who receives more than one bill may not be counted as more than one ratepayer.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 103.054 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 103 - Jurisdiction and Powers of Municipality|Subchapter C. Appeal of Municipal Order|Section 103.054. Filing of Appeal

Sec. 103.054.  FILING OF APPEAL.  (a)  An appeal under this subchapter is initiated by filing a petition for review with the railroad commission and serving a copy of the petition on each party to the original rate proceeding.(b)  The appeal must be initiated not later than the 30th day after the date of the final decision by the governing body of the municipality.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 103.055 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 103 - Jurisdiction and Powers of Municipality|Subchapter C. Appeal of Municipal Order|Section 103.055. Hearing and Order

Sec. 103.055.  HEARING AND ORDER.  (a)  An appeal under this subchapter is de novo and based on the test year presented to the municipality adjusted for known changes and conditions that are measurable with reasonable accuracy.(b)  The railroad commission shall enter a final order establishing the rates the railroad commission determines the municipality should have set in the ordinance to which the appeal applies.(c)  If the railroad commission fails to enter a final order within 185 days after the date the appeal is perfected, the rates proposed by the gas utility are considered to be approved by the railroad commission and take effect on the expiration of the 185-day period.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 103.056 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 103 - Jurisdiction and Powers of Municipality|Subchapter C. Appeal of Municipal Order|Section 103.056. Applicability of Rates

Sec. 103.056.  APPLICABILITY OF RATES.  Temporary or permanent rates set by the railroad commission are prospective and observed from the date of the applicable railroad commission order, except an interim rate order necessary to provide a gas utility the opportunity to avoid confiscation during the period beginning on the date a petition for review is filed with the railroad commission and ending on the date of a final order establishing rates.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 104.001 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter A. General Provisions|Section 104.001. Authorization to Establish and Regulate Rates

Sec. 104.001.  AUTHORIZATION TO ESTABLISH AND REGULATE RATES.  (a)  The railroad commission is vested with all the authority and power of this state to ensure compliance with the obligations of gas utilities in this subtitle.(b)  The regulatory authority may establish and regulate rates of a gas utility and may adopt rules for determining:(1)  the classification of customers and services;  and(2)  the applicability of rates.(c)  A rule or order of the regulatory authority may not conflict with a ruling of a federal regulatory body.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 104.002 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter A. General Provisions|Section 104.002. Compliance With Subtitle

Sec. 104.002.  COMPLIANCE WITH SUBTITLE.  A gas utility may not:(1)  charge, collect, or receive a rate for utility service except as provided by this subtitle;  or(2)  impose a rule or regulation except as provided by this subtitle.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 104.003 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter A. General Provisions|Section 104.003. Just and Reasonable Rates

Sec. 104.003.  JUST AND REASONABLE RATES.  (a)  The regulatory authority shall ensure that each rate a gas utility or two or more gas utilities jointly make, demand, or receive is just and reasonable.  A rate may not be unreasonably preferential, prejudicial, or discriminatory but must be sufficient, equitable, and consistent in application to each class of consumer.  In establishing a gas utility's rates, the railroad commission may treat as a single class two or more municipalities that a gas utility serves if the commission considers that treatment to be appropriate.(b)  A rate for a pipeline-to-pipeline transaction or to a transportation, industrial, or similar large volume contract customer is considered to be just and reasonable and otherwise to comply with this section and shall be approved by the regulatory authority if:(1)  neither the gas utility nor the customer had an unfair advantage during the negotiations;(2)  the rate is substantially the same as the rate between the gas utility and at least two of those customers under the same or similar conditions of service;  or(3)  competition does or did exist with another gas utility, another supplier of natural gas, or a supplier of an alternative form of energy.(c)  Subsection (b) does not apply:(1)  if a complaint is filed with the railroad commission by a transmission pipeline purchaser of gas sold or transported under the pipeline-to-pipeline or transportation rate;  or(2)  to a direct sale for resale to a gas distribution utility at a city gate.(d)  The reasonableness of gas purchase costs included in a city gate rate proposed to be charged for a sale for resale to a gas distribution utility at a city gate may be reviewed at a city gate rate proceeding even though the costs have been previously approved as a rate for other parties under Subsection (b).(e)  Subsection (b)(1) does not apply to a rate charged or offered to be charged to an affiliated pipeline utility.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 104.004 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter A. General Provisions|Section 104.004. Unreasonable Preference or Prejudice Prohibited

Sec. 104.004.  UNREASONABLE PREFERENCE OR PREJUDICE PROHIBITED.  A gas utility may not:(1)  grant an unreasonable preference or advantage concerning rates or services to a person in a classification;(2)  subject a person in a classification to an unreasonable prejudice or disadvantage concerning rates or services;  or(3)  establish or maintain an unreasonable difference concerning rates of services between localities or between classes of service.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 104.005 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter A. General Provisions|Section 104.005. Equality of Rates and Services

Sec. 104.005.  EQUALITY OF RATES AND SERVICES.  (a)  A gas utility may not directly or indirectly charge, demand, collect, or receive from a person a greater or lesser compensation for a service provided or to be provided by the utility than the compensation prescribed by the applicable schedule of rates filed under Section 102.151.(b)  A person may not knowingly receive or accept a service from a gas utility for a compensation greater or less than the compensation prescribed by the schedules.  A rate charged and collected by a gas utility on September 1, 1983, may be continued until schedules are filed.(c)  After notice and hearing, the railroad commission may, in the public interest, order a gas utility to refund with interest compensation received in violation of this section.(d)  This subtitle does not prevent a cooperative corporation from returning to its members net earnings resulting from its operations in proportion to the members' purchases from or through the corporation.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 104.006 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter A. General Provisions|Section 104.006. Rates for Area Not in Municipality

Sec. 104.006.  RATES FOR AREA NOT IN MUNICIPALITY.  Without the approval of the railroad commission, a gas utility's rates for an area not in a municipality may not exceed 115 percent of the average of all rates for similar services for all municipalities served by the same utility in the same county as that area.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 104.007 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter A. General Provisions|Section 104.007. Discrimination and Restriction on Competition

Sec. 104.007.  DISCRIMINATION AND RESTRICTION ON COMPETITION.  A gas utility may not:(1)  discriminate against a person who sells or leases equipment or performs services in competition with the gas utility;  or(2)  engage in a practice that tends to restrict or impair that competition.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 104.008 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter A. General Provisions|Section 104.008. Burden of Proof

Sec. 104.008.  BURDEN OF PROOF.  In a proceeding involving a proposed rate change, the gas utility has the burden of proving that:(1)  the rate change is just and reasonable, if the utility proposes the change;  or(2)  an existing rate is just and reasonable, if the proposal is to reduce the rate.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 104.051 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter B. Computation of Rates|Section 104.051. Establishing Overall Revenues

Sec. 104.051.  ESTABLISHING OVERALL REVENUES.  In establishing a gas utility's rates, the regulatory authority shall establish the utility's overall revenues at an amount that will permit the utility a reasonable opportunity to earn a reasonable return on the utility's invested capital used and useful in providing service to the public in excess of its reasonable and necessary operating expenses.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 104.052 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter B. Computation of Rates|Section 104.052. Establishing Fair Rate of Return

Sec. 104.052.  ESTABLISHING FAIR RATE OF RETURN.  The regulatory authority may not establish a rate that yields more than a fair return on the adjusted value of the invested capital used and useful in providing service to the public.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 104.053 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter B. Computation of Rates|Section 104.053. Components of Adjusted Value of Invested Capital

Sec. 104.053.  COMPONENTS OF ADJUSTED VALUE OF INVESTED CAPITAL.  (a)  Gas utility rates shall be based on the adjusted value of invested capital used and useful to the utility in providing service and that adjusted value shall be computed on the basis of a reasonable balance between:(1)  original cost, less depreciation;  and(2)  current cost, less an adjustment for present age and condition.(b)  The regulatory authority may determine a reasonable balance that reflects:(1)  not less than 60 percent nor more than 75 percent of the original cost of the property at the time the property was dedicated to public use, whether by the gas utility that is the present owner or by a predecessor, less depreciation;  and(2)  not less than 25 percent nor more than 40 percent of the current cost less an adjustment for present age and condition.(c)  In determining a reasonable balance, the regulatory authority may consider inflation, deflation, quality of service being provided, growth rate of the service area, and need for the gas utility to attract new capital.(d)  Construction work in progress, at cost as recorded on the gas utility's books, may be included as part of the adjusted value of invested capital used by and useful to the utility in providing service, as necessary to the financial integrity of the utility.(e)  Costs of facilities, revenues, expenses, taxes, and reserves shall be separated or allocated as prescribed by the regulatory authority.(f)  In this section, "original cost" means the actual money cost or the actual money value of consideration paid other than money.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 104.054 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter B. Computation of Rates|Section 104.054. Depreciation, Amortization, and Depletion

Sec. 104.054.  DEPRECIATION, AMORTIZATION, AND DEPLETION.  (a)  The railroad commission shall establish proper and adequate rates and methods of depreciation, amortization, or depletion for each class of property of a gas utility or municipally owned utility.(b)  The rates and methods established under this section and the depreciation account required under Section 102.152 shall be used uniformly and consistently throughout rate-setting and appeal proceedings.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|