reglab/housing_qa huggingface dataset:
TX Util § 41.056 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 41 - Electric Cooperatives and Competition|Subchapter B. Electric Cooperative Utility Choice|Section 41.056. Anticompetitive Actions

Sec. 41.056.  ANTICOMPETITIVE ACTIONS.  (a)  If, after notice and hearing, the commission finds that an electric cooperative providing customer choice has engaged in anticompetitive behavior by not providing other retail electric providers with nondiscriminatory terms and conditions of access to distribution facilities or customers within the electric cooperative's certificated service area that are comparable to the electric cooperative's and its subsidiaries' terms and conditions of access to distribution facilities or customers, the commission shall notify the electric cooperative.(b)  The electric cooperative shall have three months to cure the anticompetitive or noncompliant behavior described in Subsection (a).  If the behavior is not fully remedied within that time, the commission may prohibit the electric cooperative or its subsidiary from providing retail service outside its certificated retail service area until the behavior is remedied.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.|
TX Util § 41.057 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 41 - Electric Cooperatives and Competition|Subchapter B. Electric Cooperative Utility Choice|Section 41.057. Billing

Sec. 41.057.  BILLING.  (a)  An electric cooperative that opts for customer choice may continue to bill directly electric customers located in its certificated service area for all transmission and distribution services.  The electric cooperative may also bill directly for generation and customer services provided by the electric cooperative or its subsidiaries to those customers.(b)  A customer served by an electric cooperative for transmission and distribution services and by a retail electric provider for retail service has the option of being billed directly by each service provider or receiving a single bill for distribution, transmission, and generation services from the electric cooperative.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.|
TX Util § 41.058 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 41 - Electric Cooperatives and Competition|Subchapter B. Electric Cooperative Utility Choice|Section 41.058. Tariffs for Open Access

Sec. 41.058.  TARIFFS FOR OPEN ACCESS.  An electric cooperative that owns or operates transmission and distribution facilities shall file tariffs implementing the open access rules established by the commission under Section 39.203 with the appropriate regulatory authorities having jurisdiction over the transmission and distribution service of the electric cooperative before the 90th day preceding the date the electric cooperative offers customer choice.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.|
TX Util § 41.059 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 41 - Electric Cooperatives and Competition|Subchapter B. Electric Cooperative Utility Choice|Section 41.059. No Power to Amend Certificates

Sec. 41.059.  NO POWER TO AMEND CERTIFICATES.  Nothing in this chapter empowers a board of directors to issue, amend, or rescind a certificate of public convenience and necessity granted by the commission.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.|
TX Util § 41.060 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 41 - Electric Cooperatives and Competition|Subchapter B. Electric Cooperative Utility Choice|Section 41.060. Customer Service Information

Sec. 41.060.  CUSTOMER SERVICE INFORMATION.  (a)  The commission shall keep information submitted by customers and retail electric providers pertaining to the provision of electric service by electric cooperatives.(b)  The commission shall notify the appropriate electric cooperative of information submitted by a customer or retail electric provider, and the electric cooperative shall respond to the customer or retail electric provider.  The electric cooperative shall notify the commission of its response.(c)  The commission shall prepare a report for the Sunset Advisory Commission that includes information submitted and responses by electric cooperatives in accordance with the Sunset Advisory Commission's schedule for reviewing the commission.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.|
TX Util § 41.062 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 41 - Electric Cooperatives and Competition|Subchapter B. Electric Cooperative Utility Choice|Section 41.062. Allocation of Stranded Investment

Sec. 41.062.  ALLOCATION OF STRANDED INVESTMENT.  Any competition transition charge shall be allocated among retail customer classes based on the relevant customer class characteristics as of the end of the electric cooperative's most recent fiscal year before implementation of customer choice, in accordance with the methodology used to allocate the costs of the underlying assets or expenses in the electric cooperative's most recent cost of service study certified by a professional engineer or certified public accountant or approved by the commission.  In multiply certificated areas, a retail customer may not avoid stranded cost recovery charges by switching to another electric cooperative, an electric utility, or a municipally owned utility.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.|
TX Util § 41.101 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 41 - Electric Cooperatives and Competition|Subchapter C. Rights Not Affected|Section 41.101. Interference With Contract

Sec. 41.101.  INTERFERENCE WITH CONTRACT.  (a)  This subtitle may not interfere with or abrogate the rights or obligations of parties, including a retail or wholesale customer, to a contract with an electric cooperative or its subsidiary.(b)  No provision of this subtitle may interfere with or be deemed to abrogate the rights or obligations of a party under a contract or an agreement concerning certificated service areas.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.|
TX Util § 41.102 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 41 - Electric Cooperatives and Competition|Subchapter C. Rights Not Affected|Section 41.102. Access to Wholesale Market

Sec. 41.102.  ACCESS TO WHOLESALE MARKET.  Nothing in this subtitle shall limit the access of an electric cooperative or its subsidiary, either on its own behalf or on behalf of its customers, to the wholesale electric market.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.|
TX Util § 41.103 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 41 - Electric Cooperatives and Competition|Subchapter C. Rights Not Affected|Section 41.103. Protection of Bondholders

Sec. 41.103.  PROTECTION OF BONDHOLDERS.  Nothing in this subtitle or any rule adopted under this subtitle shall impair contracts, covenants, or obligations between an electric cooperative and its lenders and holders of bonds issued on behalf of or by the electric cooperative.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.|
TX Util § 41.104 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 41 - Electric Cooperatives and Competition|Subchapter C. Rights Not Affected|Section 41.104. Tax-Exempt Status

Sec. 41.104.  TAX-EXEMPT STATUS.  Nothing in this subtitle may impair the tax-exempt status of electric cooperatives, nor shall anything in this subtitle compel any electric cooperative to use its facilities in a manner that violates any contractual provisions, bond covenants, or other restrictions applicable to facilities financed by tax-exempt or federally insured or guaranteed debt.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.|
TX Util § 41.151 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 41 - Electric Cooperatives and Competition|Subchapter D. Market Participation and Securitization|Section 41.151. Purpose

Sec. 41.151.  PURPOSE.  (a)  The purpose of this subchapter is to enable electric cooperatives to use securitization financing to recover extraordinary costs and expenses incurred due to the abnormal weather events that occurred in this state in the period beginning 12:00 a.m., February 12, 2021, and ending at 11:59 p.m., February 20, 2021.  This type of debt will reduce the cost of financing the extraordinary costs and expenses relative to the costs that would be incurred using conventional electric cooperative financing methods.  The proceeds of the securitized bonds shall be used solely for the purposes of financing or refinancing the extraordinary costs and expenses, including costs relating to consummation and administration of the securitized financing.  The board of each electric cooperative involved in the financing shall ensure that securitization provides tangible and quantifiable benefits to its members, greater than would have been achieved absent the issuance of securitized bonds.  Each board that chooses to securitize under this subchapter shall ensure that the structuring and pricing of the securitized bonds are consistent with market conditions and the terms of the financing order.  This subchapter may be used by a group of electric cooperatives to issue securitized bonds in a combined securitization transaction.(b)  A cooperative that owes the independent organization certified under Section 39.151, Utilities Code, for the ERCOT power region amounts incurred as a result of operations during the period beginning 12:01 a.m., February 12, 2021, and ending at 11:59 p.m., February 20, 2021, shall:(1)  use all means necessary to securitize the amount owed the independent organization, calculated solely according to the protocols of the independent organization in effect during the period of emergency promulgated subject to the approval of the commission; and (2)  fully repay the amount described by Subdivision (1) immediately upon receipt of the securitized amount along with any additional amounts necessary to fully satisfy the amount owed.|Added by Acts 2021, 87th Leg., R.S., Ch. 950 (S.B. 1580), Sec. 1, eff. June 18, 2021.|
TX Util § 41.153 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 41 - Electric Cooperatives and Competition|Subchapter D. Market Participation and Securitization|Section 41.153. Financing Orders; Terms

Sec. 41.153.  FINANCING ORDERS; TERMS.  (a)  The board shall adopt a financing order to recover the electric cooperative's qualified costs consistent with the standards in Section 41.151.(b)  The financing order shall detail the amount of qualified costs to be recovered and the period over which the nonbypassable securitized charges shall be recovered, which period may not exceed 30 years.(c)  Securitized charges shall be collected and allocated among customers in the manner provided by the financing order.(d)  A financing order becomes effective in accordance with its terms, and the financing order, together with the securitized charges authorized in the order, after it takes effect, is irrevocable and not subject to denial, recission, reduction, impairment, adjustment, or other alteration by further action of the board or by action of any regulatory or other governmental body of this state, except as permitted by Section 41.157.  A financing order issued under this subchapter has the same force and effect of a financing order issued under Chapter 39.(e)  A financing order may be reviewed by appeal by a member of the electric cooperative to a district court in the county where the electric cooperative is domiciled, filed not later than the 15th day after the date the financing order is adopted by the board.  The judgment of the district court may be reviewed only by direct appeal to the Supreme Court of Texas filed not later than the 15th day after the date of the entry of judgment.  All appeals shall be heard and determined by the district court and the Supreme Court of Texas as expeditiously as possible with lawful precedence over other matters.  Review on appeal shall be based solely on the financing order adopted by the board, other information considered by the board in adopting the resolutions, and briefs to the court and shall be limited to whether the financing order conforms to the constitution and laws of this state and the United States and is within the authority of the board under this subchapter.(f)  The board or, in a combined securitization transaction, the boards of all participating electric cooperatives, may adopt a financing order or financing orders providing for retiring and refunding securitized bonds on making a finding that the future securitized charges required to service the new securitized bonds, including transaction costs, will be less than the future securitized charges required to service the securitized bonds being refunded.  After the indefeasible repayment in full of all outstanding securitized bonds and associated financing costs, the board shall adjust the related securitized charges accordingly.|Added by Acts 2021, 87th Leg., R.S., Ch. 950 (S.B. 1580), Sec. 1, eff. June 18, 2021.|
TX Util § 41.154 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 41 - Electric Cooperatives and Competition|Subchapter D. Market Participation and Securitization|Section 41.154. Property Rights

Sec. 41.154.  PROPERTY RIGHTS.  (a)  The rights and interests of an electric cooperative or its subsidiary, affiliate, successor, financing party, or assignee under a financing order, including the right to impose, collect, receive, and enforce the payment of securitized charges authorized in the financing order, shall be only contract rights until the property is first transferred or pledged to an assignee or financing party, as applicable, in connection with the issuance of securitized bonds, at which time the property becomes securitized property.(b)  Securitized property that is specified in the financing order constitutes a present vested property right for all purposes, including for purposes of Sections 16 and 17, Article I, Texas Constitution, Section 10, Article I, United States Constitution, and the Fifth Amendment to the United States Constitution, and the laws of this state and the United States, even if the imposition and collection of securitized charges depend on further acts of the electric cooperative or others that may not have yet occurred.(c)  Securitized property shall exist regardless of whether securitized charges have been billed, have accrued, or have been collected and notwithstanding the fact that the value or amount of the property is dependent on the future provision of service to customers by the electric cooperative or its successors or assigns.(d)  On the issuance of the securitized bonds and the financing order, and when the requirements of Section 41.159 are met, the securitized charges, including their nonbypassability, are irrevocable, final, nondiscretionary, and effective without further action by the electric cooperative or any other person or governmental authority.  The financing order shall remain in effect and the property shall continue to exist for the same period as the pledge of the state described in Section 41.160.(e)  All revenue, collections, claims, payments, money, or proceeds of or arising from or relating to securitized charges shall constitute proceeds of the securitized property arising from the financing order.|Added by Acts 2021, 87th Leg., R.S., Ch. 950 (S.B. 1580), Sec. 1, eff. June 18, 2021.|
TX Util § 41.155 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 41 - Electric Cooperatives and Competition|Subchapter D. Market Participation and Securitization|Section 41.155. No Setoff

Sec. 41.155.  NO SETOFF.  The interest of an assignee or pledgee in securitized property and in the revenues and collections arising from that property are not subject to setoff, counterclaim, surcharge, recoupment, or defense by the electric cooperative or any other person or in connection with the bankruptcy of the electric cooperative or any other entity.  A financing order shall remain in effect and unabated notwithstanding the bankruptcy of the electric cooperative, its successors, or assignees.|Added by Acts 2021, 87th Leg., R.S., Ch. 950 (S.B. 1580), Sec. 1, eff. June 18, 2021.|
TX Util § 41.156 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 41 - Electric Cooperatives and Competition|Subchapter D. Market Participation and Securitization|Section 41.156. No Bypass

Sec. 41.156.  NO BYPASS.  (a)  A financing order shall include terms ensuring that the imposition and collection of securitized charges authorized in the order shall be nonbypassable and apply to all customers connected to the electric cooperative's system assets and taking service, regardless of whether the system assets continue to be owned by the electric cooperative.(b)  The electric cooperative, its servicer, any entity providing electric transmission or distribution services, and any retail electric provider providing services to a retail customer in the electric cooperative's certificated service area as it existed on the date of enactment of this subchapter are entitled to collect and must remit, consistent with this subchapter and any financing order adopted under this subchapter, the securitized charges from the retail customers and from retail customers that switch to new on-site generation.  Such retail customers are required to pay the securitized charges.|Added by Acts 2021, 87th Leg., R.S., Ch. 950 (S.B. 1580), Sec. 1, eff. June 18, 2021.|
TX Util § 41.157 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 41 - Electric Cooperatives and Competition|Subchapter D. Market Participation and Securitization|Section 41.157. True-Up

Sec. 41.157.  TRUE-UP.  (a)  A financing order shall be reviewed and adjusted promptly if after its adoption there are additional charges, reductions, or refunds of extraordinary costs and expenses, to:(1)  ensure that there is not an over-collection or an under-collection of extraordinary costs and expenses; and(2)  ensure that collections on the securitized property will be sufficient to timely make all periodic and final payments of principal, interest, fees, and other amounts and to timely fund all reserve accounts, if any, related to the securitized bonds.(b)  A financing order shall also include a mechanism requiring that securitized charges be reviewed by the board and adjusted at least annually, not later than the 45th day after the anniversary date of the issuance of the securitized bonds, to:(1)  correct over-collections or under-collections of the preceding 12 months; and(2)  ensure the expected recovery of amounts sufficient to timely provide all payments of debt service and other required amounts and charges in connection with the securitized bonds. (c)  The electric cooperatives that are members of a generation and transmission cooperative may include in their financing orders the ability to allocate any true-up amounts over the retail customers of all electric cooperatives that are members of the same generation and transmission cooperative. (d)  In a combined securitization transaction, each generation and transmission cooperative may calculate all adjustments and determinations relevant to each true-up by each electric cooperative member of the generation and transmission cooperative participating in the securitization transaction, with the adjustments being allocated across the electric cooperatives in the manner agreed to by all of the participating electric cooperatives under their financing orders.(e)  A governmental authority may not disapprove of or alter any adjustments made or proposed to be made under this subchapter other than to correct computation or other manifest errors.|Added by Acts 2021, 87th Leg., R.S., Ch. 950 (S.B. 1580), Sec. 1, eff. June 18, 2021.|
TX Util § 41.158 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 41 - Electric Cooperatives and Competition|Subchapter D. Market Participation and Securitization|Section 41.158. True Sale

Sec. 41.158.  TRUE SALE.  An agreement by an electric cooperative or assignee to transfer securitized property that expressly states that the transfer is a sale or other absolute transfer signifies that the transaction is a true sale and is not a secured transaction and that title, legal and equitable, has passed to the entity to which the securitized property is transferred.  The transaction shall be treated as an absolute sale regardless of whether the purchaser has any recourse against the seller, or any other term of the parties' agreement, including the seller's retention of an equity interest in the securitized property, the fact that the electric cooperative acts as the collector of securitized charges relating to the securitized property, or the treatment of the transfer as a financing for tax, financial reporting, or other purposes.|Added by Acts 2021, 87th Leg., R.S., Ch. 950 (S.B. 1580), Sec. 1, eff. June 18, 2021.|
TX Util § 41.160 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 41 - Electric Cooperatives and Competition|Subchapter D. Market Participation and Securitization|Section 41.160. Pledge of State

Sec. 41.160.  PLEDGE OF STATE.  Securitized bonds are not a debt or obligation of the state and are not a charge on its full faith and credit or taxing power.  The state pledges, however, for the benefit and protection of assignees, financing parties, and the electric cooperative, that it will not take or permit, or permit any agency or other governmental authority or political subdivision of the state to take or permit, any action that would impair the value of securitized property, or, except as permitted by Section 41.157, reduce, alter, or impair the securitized charges to be imposed, collected, and remitted to financing parties, until the principal, interest and premium, and any other charges incurred and contracts to be performed in connection with the related securitized bonds have been paid and performed in full.  Any party issuing securitized bonds is authorized to include this pledge in any documentation relating to those bonds.|Added by Acts 2021, 87th Leg., R.S., Ch. 950 (S.B. 1580), Sec. 1, eff. June 18, 2021.|
TX Util § 41.161 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 41 - Electric Cooperatives and Competition|Subchapter D. Market Participation and Securitization|Section 41.161. Tax Exemption

Sec. 41.161.  TAX EXEMPTION.  Transactions involving the transfer and ownership of securitized property and the receipt of securitized charges are exempt from state and local income, sales, franchise, gross receipts, and other taxes or similar charges.|Added by Acts 2021, 87th Leg., R.S., Ch. 950 (S.B. 1580), Sec. 1, eff. June 18, 2021.|