reglab/housing_qa huggingface dataset:
TX Util § 104.370 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter I. Customer Rate Relief Bonds|Section 104.370. True-Up Mechanism

Sec. 104.370.  TRUE-UP MECHANISM.  (a)  A financing order must include a formulaic true-up charge adjustment mechanism that requires that the customer rate relief charges be reviewed and adjusted at least annually by the servicer or replacement servicer, including a subservicer or replacement subservicer, at time periods and frequencies provided in the financing order, to:(1)  correct any overcollections or undercollections of the preceding 12 months; and(2)  ensure the expected recovery of amounts sufficient to provide for the timely payment of customer rate relief bond principal and interest payments and other financing costs.(b)  True-up charge adjustments must become effective not later than the 30th day after the date the railroad commission receives a true-up charge adjustment letter from the servicer or replacement servicer notifying the railroad commission of the pending adjustment.(c)  Any administrative review of true-up charge adjustments must be limited to notifying the servicer of mathematical or clerical errors in the calculation.  The servicer may correct the error and refile a true-up charge adjustment letter, with the adjustment becoming effective as soon as practicable but not later than the 30th day after the date the railroad commission receives the refiled letter.|Added by Acts 2021, 87th Leg., R.S., Ch. 805 (H.B. 1520), Sec. 5, eff. June 16, 2021.|
TX Util § 104.371 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter I. Customer Rate Relief Bonds|Section 104.371. Security Interests; Assignment; Commingling; Default

Sec. 104.371.  SECURITY INTERESTS; ASSIGNMENT; COMMINGLING; DEFAULT.  (a)  Customer rate relief property does not constitute an account or general intangible under Section 9.106, Business & Commerce Code.  The creation, granting, perfection, and enforcement of liens and security interests in customer rate relief property that secures customer rate relief bonds are governed by Chapter 1208, Government Code.(b)  The priority of a lien and security interest perfected under this section is not impaired by any later adjustment of customer rate relief charges under a mechanism adopted under Section 104.370 or by the commingling of funds arising from customer rate relief charges with other funds.  Any other security interest that may apply to those funds is terminated when the funds are transferred to a segregated account for the issuing financing entity or a financing party.  If customer rate relief property has been transferred to a trustee or another pledgee of the issuing financing entity, any proceeds of that property must be held in trust for the financing party.(c)  If a default or termination occurs under the customer rate relief bonds, a district court of Travis County, on application by or on behalf of the financing parties, shall order the sequestration and payment to the financing parties of revenue arising from the customer rate relief charges.|Added by Acts 2021, 87th Leg., R.S., Ch. 805 (H.B. 1520), Sec. 5, eff. June 16, 2021.|
TX Util § 104.372 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter I. Customer Rate Relief Bonds|Section 104.372. Bond Proceeds in Trust

Sec. 104.372.  BOND PROCEEDS IN TRUST.  (a)  The issuing financing entity may deposit proceeds of customer rate relief bonds issued by the issuing financing entity under this subchapter with a trustee selected by the issuing financing entity or the proceeds may be held by the comptroller in a dedicated trust fund outside the state treasury in the custody of the comptroller.(b)  Bond proceeds, net of the financing costs and reserves described by Subdivisions (2) and (3), including investment income, must be held in trust for the exclusive benefit of the railroad commission's policy of reimbursing gas utility costs and applied in accordance with the financing order.  The issuing financing entity shall deliver the net proceeds, as provided in the applicable financing order, to:(1)  reimburse each gas utility the regulatory asset amount determined to be reasonable for that gas utility in the financing order;(2)  pay the financing costs of issuing the bonds; and(3)  provide bond reserves or fund any capitalized interest, as applicable.(c)  On full payment of the customer rate relief bonds and any related financing costs, any customer rate relief charges or other amounts held as security for the bonds shall be used to provide credits to gas utility customers as provided in the financing order.|Added by Acts 2021, 87th Leg., R.S., Ch. 805 (H.B. 1520), Sec. 5, eff. June 16, 2021.|
TX Util § 104.373 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter I. Customer Rate Relief Bonds|Section 104.373. Repayment of Customer Rate Relief Bonds

Sec. 104.373.  REPAYMENT OF CUSTOMER RATE RELIEF BONDS.  (a)  As long as any customer rate relief bonds or related financing costs remain outstanding, uniform monthly volumetric customer rate relief charges must be paid by all current and future customers that receive service from a gas utility for which a regulatory asset determination has been made under Section 104.365.  A gas utility and its successors, assignees, or replacements shall continue to bill and collect customer rate relief charges from the gas utility's current and future customers until all customer rate relief bonds and financing costs are paid in full.(b)  The authority shall report to the railroad commission the amount of the outstanding customer rate relief bonds issued by the issuing financing entity under this subchapter and the estimated amount of annual bond administrative expenses.(c)  All revenue collected from the customer rate relief charges shall be remitted promptly by the applicable servicers to the issuing financing entity or the bond trustee for the customer rate relief bonds to pay bond obligations and ongoing financing costs, including bond administrative expenses, to ensure timely payment of bond obligations and financing costs.(d)  Customer rate relief property, including customer rate relief charges, may be applied only as provided by this subchapter.(e)  Bond obligations are payable only from sources provided for payment by this subchapter.|Added by Acts 2021, 87th Leg., R.S., Ch. 805 (H.B. 1520), Sec. 5, eff. June 16, 2021.|
TX Util § 104.374 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter I. Customer Rate Relief Bonds|Section 104.374. Pledge of State

Sec. 104.374.  PLEDGE OF STATE.  (a)  Customer rate relief bonds issued under this subchapter and any related ancillary agreements or credit agreements are not a debt or pledge of the faith and credit of this state or a state agency or political subdivision of this state.  A customer rate relief bond, ancillary agreement, or credit agreement is payable solely from customer rate relief charges as provided by this subchapter.(b)  Notwithstanding Subsection (a), this state, including the railroad commission and the authority, pledges for the benefit and protection of the financing parties and the gas utility that this state will not take or permit any action that would impair the value of customer rate relief property, or, except as permitted by Section 104.370, reduce, alter, or impair the customer rate relief charges to be imposed, collected, and remitted to financing parties until the principal, interest and premium, and contracts to be performed in connection with the related customer rate relief bonds and financing costs have been paid and performed in full.  Each issuing financing entity shall include this pledge in any documentation relating to customer rate relief bonds.(c)  Before the date that is two years and one day after the date that an issuing financing entity no longer has any payment obligation with respect to customer rate relief bonds, the issuing financing entity may not wind up or dissolve the financing entity's operations, may not file a voluntary petition under federal bankruptcy law, and neither the board of the issuing financing entity nor any public official nor any organization, entity, or other person may authorize the issuing financing entity to be or to become a debtor under federal bankruptcy law during that period.  The state covenants that it will not limit or alter the denial of authority under this subsection, and the provisions of this subsection are hereby made a part of the contractual obligation that is subject to the state pledge made in this section.|Added by Acts 2021, 87th Leg., R.S., Ch. 805 (H.B. 1520), Sec. 5, eff. June 16, 2021.|
TX Util § 104.375 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter I. Customer Rate Relief Bonds|Section 104.375. Tax Exemption

Sec. 104.375.  TAX EXEMPTION.  (a)  The sale or purchase of or revenue derived from services performed in the issuance or transfer of customer rate relief bonds issued under this subchapter is exempt from taxation by this state or a political subdivision of this state.(b)  A gas utility's receipt of customer rate relief charges is exempt from state and local sales and use taxes and utility gross receipts taxes and assessments, and is excluded from revenue for purposes of franchise tax under Section 171.1011, Tax Code.|Added by Acts 2021, 87th Leg., R.S., Ch. 805 (H.B. 1520), Sec. 5, eff. June 16, 2021.|
TX Util § 104.376 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter I. Customer Rate Relief Bonds|Section 104.376. Recoverable Tax Expense

Sec. 104.376.  RECOVERABLE TAX EXPENSE.  A tax obligation of the gas utility arising from receipt of customer rate relief bond proceeds or from the collection or remittance of customer rate relief charges is an allowable expense under Section 104.055.|Added by Acts 2021, 87th Leg., R.S., Ch. 805 (H.B. 1520), Sec. 5, eff. June 16, 2021.|
TX Util § 104.377 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter I. Customer Rate Relief Bonds|Section 104.377. Issuing Financing Entity or Financing Party Not Public Utility

Sec. 104.377.  ISSUING FINANCING ENTITY OR FINANCING PARTY NOT PUBLIC UTILITY.  An issuing financing entity or financing party may not be considered to be a public utility or person providing natural gas service solely by virtue of the transactions described by this subchapter.|Added by Acts 2021, 87th Leg., R.S., Ch. 805 (H.B. 1520), Sec. 5, eff. June 16, 2021.|
TX Util § 104.378 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter I. Customer Rate Relief Bonds|Section 104.378. No Personal Liability

Sec. 104.378.  NO PERSONAL LIABILITY.  A commissioner of the railroad commission, a railroad commission employee, a member of the board of directors of the authority, an employee of the authority, or a director, officer, or employee of any issuing financing entity is not personally liable for a result of an exercise of a duty or responsibility established under this subchapter.|Added by Acts 2021, 87th Leg., R.S., Ch. 805 (H.B. 1520), Sec. 5, eff. June 16, 2021.|For expiration of this section, see Subsection (c).
TX Util § 104.379 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter I. Customer Rate Relief Bonds|Section 104.379. Catastrophic Weather Event Study

Sec. 104.379.  CATASTROPHIC WEATHER EVENT STUDY.  (a)  The railroad commission shall conduct a study on measures to mitigate catastrophic weather events, including measures to:(1)  establish natural gas storage capacity to ensure a reliable gas supply, including location, ownership, and other pertinent factors regarding gas storage capacity;(2)  assess the advantages and disadvantages of requiring local distribution companies to use hedging tactics to avoid volatile customer rates; and(3)  assess the advantages and disadvantages of prohibiting spot market purchases during a catastrophic weather event that contribute to volatile customer rates.(b)  Not later than December 1, 2022, the railroad commission shall report the railroad commission's findings to the governor, the lieutenant governor, and the speaker of the house of representatives.(c)  This section expires August 31, 2023.|Added by Acts 2021, 87th Leg., R.S., Ch. 805 (H.B. 1520), Sec. 5, eff. June 16, 2021.|
TX Util § 104.380 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 104 - Rates and Services|Subchapter I. Customer Rate Relief Bonds|Section 104.380. Severability

Sec. 104.380.  SEVERABILITY.  After the date customer rate relief bonds are issued under this subchapter, if any provision in this title or portion of this title or related provisions in Title 9, Government Code, are held to be invalid or are invalidated, superseded, replaced, repealed, or expire for any reason, that occurrence does not affect the validity or continuation of this subchapter or any other provision of this title or related provisions in Title 9, Government Code, that are relevant to the issuance, administration, payment, retirement, or refunding of customer rate relief bonds or to any actions of a gas utility, its successors, an assignee, a collection agent, or a financing party, which shall remain in full force and effect.|Added by Acts 2021, 87th Leg., R.S., Ch. 805 (H.B. 1520), Sec. 5, eff. June 16, 2021.|
TX Util § 105.001 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 105 - Judicial Review; Enforcement and Penalties|Subchapter A. Judicial Review|Section 105.001. Right to Judicial Review

Sec. 105.001.  RIGHT TO JUDICIAL REVIEW.  (a)  Any party to a proceeding before the railroad commission is entitled to judicial review under the substantial evidence rule.(b)  The issue of confiscation is determined by a preponderance of the evidence.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 105.002 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 105 - Judicial Review; Enforcement and Penalties|Subchapter A. Judicial Review|Section 105.002. Judicial Stay or Suspension

Sec. 105.002.  JUDICIAL STAY OR SUSPENSION.  While an appeal of an order, ruling, or decision of a regulatory authority is pending, the district court, court of appeals, or supreme court, as appropriate, may stay or suspend all or part of the operation of the order, ruling, or decision.  In granting or refusing a stay or suspension, the court shall act in accordance with the practice of a court exercising equity jurisdiction.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 105.021 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 105 - Judicial Review; Enforcement and Penalties|Subchapter B. Enforcement and Penalties|Section 105.021. Action to Enjoin or Require Compliance

Sec. 105.021.  ACTION TO ENJOIN OR REQUIRE COMPLIANCE.  (a)  The attorney general, on the request of the railroad commission, shall apply in the name of the commission for an order under Subsection (b) if the commission determines that a gas utility or other person is:(1)  engaging in or about to engage in an act that violates this subtitle or an order or rule of the commission entered or adopted under this subtitle;  or(2)  failing to comply with the requirements of this subtitle or a rule or order of the commission.(b)  A court, in an action under this section, may:(1)  prohibit the commencement or continuation of an act that violates this subtitle or an order or rule of the commission entered or adopted under this subtitle;  or(2)  require compliance with a provision of this subtitle or an order or rule of the commission.(c)  The remedy under this section is in addition to any other remedy provided under this subtitle.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 105.022 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 105 - Judicial Review; Enforcement and Penalties|Subchapter B. Enforcement and Penalties|Section 105.022. Contempt

Sec. 105.022.  CONTEMPT.  The railroad commission may file an action for contempt against a person who:(1)  fails to comply with a lawful order of the commission;(2)  fails to comply with a subpoena or subpoena duces tecum;  or(3)  refuses to testify about a matter on which the person may be lawfully interrogated.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 105.023 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 105 - Judicial Review; Enforcement and Penalties|Subchapter B. Enforcement and Penalties|Section 105.023. Civil Penalty Against Gas Utility or Affiliate

Sec. 105.023.  CIVIL PENALTY AGAINST GAS UTILITY OR AFFILIATE.  (a)  A gas utility or affiliate is subject to a civil penalty if the gas utility or affiliate knowingly violates this subtitle, fails to perform a duty imposed on it, or fails, neglects, or refuses to obey an order, rule, direction, or requirement of the railroad commission or a decree or judgment of a court.(b)  A civil penalty under this section shall be in an amount of not less than $1,000 and not more than $5,000 for each violation.(b-1)  Notwithstanding Subsection (b), a civil penalty under this section shall be in an amount of not less than $1,000 and not more than $1,000,000 for each violation of Section 104.258(c).(c)  A gas utility or affiliate commits a separate violation each day it continues to violate Subsection (a).(d)  The attorney general shall file in the name of the railroad commission a suit on the attorney general's own initiative or at the request of the commission to recover the civil penalty under this section.(e)  The railroad commission by rule shall establish a classification system to be used by a court under this subchapter for violations of Section 104.258(c) that includes a range of penalties that may be recovered for each class of violation based on:(1)  the seriousness of the violation, including:(A)  the nature, circumstances, extent, and gravity of a prohibited act; and(B)  the hazard or potential hazard created to the health, safety, or economic welfare of the public;(2)  the history of previous violations;(3)  the amount necessary to deter future violations;(4)  efforts to correct the violation; and(5)  any other matter that justice may require.(f)  The classification system established under Subsection (e) shall provide that a penalty in an amount that exceeds $5,000 may be recovered only if the violation is included in the highest class of violations in the classification system.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 20, eff. June 8, 2021.|
TX Util § 105.024 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 105 - Judicial Review; Enforcement and Penalties|Subchapter B. Enforcement and Penalties|Section 105.024. Offense

Sec. 105.024.  OFFENSE.  (a)  A person commits an offense if the person knowingly violates this subtitle.(b)  An offense under this section is a felony of the third degree.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 105.025 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 105 - Judicial Review; Enforcement and Penalties|Subchapter B. Enforcement and Penalties|Section 105.025. Place for Suit

Sec. 105.025.  PLACE FOR SUIT.  A suit for an injunction or a penalty under this subtitle may be brought in:(1)  Travis County;(2)  a county in which the violation is alleged to have occurred;  or(3)  a county in which a defendant resides.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 105.026 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 105 - Judicial Review; Enforcement and Penalties|Subchapter B. Enforcement and Penalties|Section 105.026. Penalties Cumulative

Sec. 105.026.  PENALTIES CUMULATIVE.  (a)  A penalty that accrues under this subtitle is cumulative of any other penalty.(b)  A suit for the recovery of a penalty does not bar or affect the recovery of any other penalty or bar a criminal prosecution against any person, including a gas utility or officer, director, agent, or employee of a gas utility.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 105.027 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 105 - Judicial Review; Enforcement and Penalties|Subchapter B. Enforcement and Penalties|Section 105.027. Disposition of Fines and Penalties

Sec. 105.027.  DISPOSITION OF FINES AND PENALTIES.  A fine or penalty collected under this subtitle, other than a fine or penalty collected in a criminal proceeding, shall be paid to the railroad commission.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 105.051 (2021)
2021 Texas Statutes|Utilities Code|Title 3 - Gas Regulation|Subtitle A - Gas Utility Regulatory Act|Chapter 105 - Judicial Review; Enforcement and Penalties|Subchapter C. Complaints|Section 105.051. Complaint by Affected Person

Sec. 105.051.  COMPLAINT BY AFFECTED PERSON.  An affected person may complain to the regulatory authority in writing setting forth an act or omission by a gas utility in violation or claimed violation of a law that the regulatory authority has jurisdiction to administer or of an order, ordinance, or rule of the regulatory authority.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|