reglab/housing_qa huggingface dataset:
TX Util § 39.359 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter H. Certification and Registration; Penalties|Section 39.359. Bill Payment Assistance for Burned Veterans

Sec. 39.359.  BILL PAYMENT ASSISTANCE FOR BURNED VETERANS.  (a)  A retail electric provider may establish a bill payment assistance program for a customer who is a military veteran who a medical doctor certifies has a significantly decreased ability to regulate the individual's body temperature because of severe burns received in combat.(b)  The commission shall compile a list of programs described by Subsection (a) that are available from retail electric providers.  The commission shall publish the list on the commission's Internet website and the office shall provide on the office's Internet website a link to the list.(c)  A retail electric provider shall provide to the commission information necessary to compile the list in the form, manner, and frequency the commission by rule requires.|Added by Acts 2013, 83rd Leg., R.S., Ch. 597 (S.B. 981), Sec. 2, eff. June 14, 2013.|
TX Util § 39.401 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter I. Provisions for Certain Non-Ercot Utilities|Section 39.401. Applicability

Sec. 39.401.  APPLICABILITY.  This subchapter shall apply to investor-owned electric utilities operating solely outside of ERCOT having fewer than six synchronous interconnections with voltage levels above 69 kilovolts systemwide on the effective date of this subchapter.  The legislature finds that circumstances exist that require that areas served by such utilities be treated as competitive development areas in which it is not in the public interest to transition to full retail customer choice at this time.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1041, Sec. 1, eff. June 15, 2001.|
TX Util § 39.408 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter I. Provisions for Certain Non-Ercot Utilities|Section 39.408. Hiring Assistance for Federal Proceedings

Sec. 39.408.  HIRING ASSISTANCE FOR FEDERAL PROCEEDINGS.  (a)  The commission may retain any consultant, accountant, auditor, engineer, or attorney the commission considers necessary to represent the commission in a proceeding before the Federal Energy Regulatory Commission, or before a court reviewing proceedings of that federal commission, related to:(1)  the relationship of an electric utility subject to this subchapter to a power region, regional transmission organization, or independent system operator;(2)  the approval of an agreement among the electric utility and the electric utility's affiliates concerning the coordination of the operations of the electric utility and the electric utility's affiliates; or(3)  other matters related to the electric utility subject to this subchapter that may affect the ultimate rates paid by retail customers in this state.(b)  Assistance for which a consultant, accountant, auditor, engineer, or attorney may be retained under Subsection (a) may include:(1)  conducting a study;(2)  conducting an investigation;(3)  presenting evidence;(4)  advising the commission; or(5)  representing the commission.(c)  The electric utility shall pay timely the reasonable costs of the services of a person retained under Subsection (a), as determined by the commission.  The total costs an electric utility is required to pay under this subsection may not exceed $1.5 million in a 12-month period.(d)  The commission shall allow the electric utility to recover both the total costs the electric utility paid under Subsection (c) and the carrying charges for those costs through a rider established annually to recover the costs paid and carrying charges incurred during the preceding calendar year.  The rider may not be implemented before the rider is reviewed and approved by the commission.(e)  The commission shall consult the attorney general before the commission retains a consultant, accountant, auditor, or engineer under Subsection (a).  The retention of an attorney under Subsection (a) is subject to the approval of the attorney general under Section 402.0212, Government Code.(f)  The commission shall be precluded from engaging any individual who is required to register under Section 305.003, Government Code.(g)  This section expires September 1, 2023.|Added by Acts 2015, 84th Leg., R.S., Ch. 849 (S.B. 932), Sec. 1, eff. September 1, 2015.|
TX Util § 39.409 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter I. Provisions for Certain Non-Ercot Utilities|Section 39.409. Recoupment of Transition to Competition Costs

Sec. 39.409.  RECOUPMENT OF TRANSITION TO COMPETITION COSTS.  An electric utility subject to this subchapter is entitled to recover, as provided by this section, all reasonable and necessary expenditures made or incurred before September 1, 2001, to comply with the provisions of this chapter.  Not later than December 1, 2001, each electric utility subject to this subchapter may file with the commission an application for recovery detailing the amounts spent or incurred.  After notice and hearing, the commission shall review the amounts and, if found to be reasonable and necessary, approve a transition to competition retail rate rider mechanism for the recovery of the approved transition to competition costs.  A rate rider implemented to recover approved transition to competition costs shall expire not later than December 31, 2006.|Added by Acts 2001, 77th Leg., ch. 1041, Sec. 2, eff. June 15, 2001.|
TX Util § 39.410 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter I. Provisions for Certain Non-Ercot Utilities|Section 39.410. Contractual Obligations

Sec. 39.410.  CONTRACTUAL OBLIGATIONS.  This subchapter may not:(1)  interfere with or abrogate the rights or obligations of any party, including a retail or wholesale customer, to a contract with an investor-owned electric utility, river authority, municipally owned utility, or electric cooperative;(2)  interfere with or abrogate the rights or obligations of a party under a contract or agreement concerning certificated utility service areas;  or(3)  result in a change in wholesale power costs to wholesale customers in Texas purchasing electricity under wholesale power contracts the pricing provisions of which are based on formulary rates, fuel adjustments, or average system costs.|Added by Acts 2001, 77th Leg., ch. 1041, Sec. 2, eff. June 15, 2001.|
TX Util § 39.451 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter J. Transition to Competition in Certain|Section 39.451. Applicability

Sec. 39.451.  APPLICABILITY.  This subchapter applies only to an investor-owned electric utility  that is operating solely outside of ERCOT in areas of this state that were included in the Southeastern Electric Reliability Council on January 1, 2005.|Added by Acts 2005, 79th Leg., Ch. 1072 (H.B. 1567), Sec. 1, eff. June 18, 2005.|
TX Util § 39.4525 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter J. Transition to Competition in Certain|Section 39.4525. Hiring Assistance for Federal Proceedings

Sec. 39.4525.  HIRING ASSISTANCE FOR FEDERAL PROCEEDINGS.  (a)  The commission may retain any consultant, accountant, auditor, engineer, or attorney the commission considers necessary to represent the commission in a proceeding before the Federal Energy Regulatory Commission, or before a court reviewing proceedings of that federal commission, related to:(1)  the relationship of an electric utility subject to this subchapter to a power region, regional transmission organization, or independent system operator;(2)  the approval of an agreement among the electric utility and the electric utility's affiliates concerning the coordination of the operations of the electric utility and the electric utility's affiliates; or(3)  other matters related to the electric utility subject to this subchapter that may affect the ultimate rates paid by retail customers in this state.(b)  Assistance for which a consultant, accountant, auditor, engineer, or attorney may be retained under Subsection (a) may include:(1)  conducting a study;(2)  conducting an investigation;(3)  presenting evidence;(4)  advising the commission; or(5)  representing the commission.(c)  The electric utility shall pay timely the reasonable costs of the services of a person retained under Subsection (a), as determined by the commission.  The total costs an electric utility is required to pay under this subsection may not exceed $1.5 million in a 12-month period.(d)  The commission shall allow the electric utility to recover both the total costs the electric utility paid under Subsection (c) and the carrying charges for those costs through a rider established annually to recover the costs paid and carrying charges incurred during the preceding calendar year.  The rider may not be implemented before the rider is reviewed and approved by the commission.(e)  The commission shall consult the attorney general before the commission retains a consultant, accountant, auditor, or engineer under Subsection (a).  The retention of an attorney under Subsection (a) is subject to the approval of the attorney general under Section 402.0212, Government Code.(f)  The commission shall be precluded from engaging any individual who is required to register under Section 305.003, Government Code.(g)  This section expires September 1, 2023.|Added by Acts 2011, 82nd Leg., R.S., Ch. 100 (S.B. 1153), Sec. 1, eff. May 20, 2011.Amended by: Acts 2015, 84th Leg., R.S., Ch. 849 (S.B. 932), Sec. 2, eff. September 1, 2015.|
TX Util § 39.453 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter J. Transition to Competition in Certain|Section 39.453. Customer Choice and Relevant Market and Related Matters

Sec. 39.453.  CUSTOMER CHOICE AND RELEVANT MARKET AND RELATED MATTERS.  (a)  The commission may not authorize customer choice until the commission certifies the applicable power region as a qualifying power region under Section 39.152(a).  Sections 39.152(b)-(d) also apply to the electric utility and commission in determining whether to certify the applicable power region.(b)  The commission shall certify that the requirement of Section 39.152(a)(3) is met for an electric utility subject to this subchapter only if the commission finds that the total capacity owned and controlled by the electric utility and the utility's affiliates does not exceed 20 percent of the total installed generation capacity within the power region of that utility.|Added by Acts 2005, 79th Leg., Ch. 1072 (H.B. 1567), Sec. 1, eff. June 18, 2005.|
TX Util § 39.454 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter J. Transition to Competition in Certain|Section 39.454. Recoupment of Transition to Competition Costs

Sec. 39.454.  RECOUPMENT OF TRANSITION TO COMPETITION COSTS.  An electric utility subject to this subchapter is entitled to recover, as provided by this section, all reasonable and necessary expenditures made or incurred before the effective date of this section to comply with this chapter, to the extent the costs have not otherwise been recovered.  The electric utility may file with the commission an application for recovery that gives details of the amounts spent or incurred.  After notice and hearing, the commission shall review the amounts and, if the amounts are found to be reasonable and necessary and not otherwise previously recovered, approve a transition to competition retail rate rider mechanism for the recovery of the approved transition to competition costs. A rate proceeding under Chapter 36 is not required to implement the rider.  A rate rider implemented to recover approved transition to competition costs shall provide for recovery of those costs over a period not to exceed 15 years, with appropriate carrying costs.|Added by Acts 2005, 79th Leg., Ch. 1072 (H.B. 1567), Sec. 1, eff. June 18, 2005.|
TX Util § 39.455 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter J. Transition to Competition in Certain|Section 39.455. Recovery of Incremental Capacity Costs

Sec. 39.455.  RECOVERY OF INCREMENTAL CAPACITY COSTS.  An electric utility subject to this subchapter is entitled to recover, through a rate rider mechanism, reasonable and necessary costs of incremental resources required to meet load requirements to the extent those costs result in the utility expending more for capacity costs under purchase power agreements than were included in the utility's last base rate case, adjusted for load growth.  Any rider under this section shall be implemented after review and approval by the commission, after notice and opportunity for hearing.  Following the initial implementation of the rider, an electric utility subject to this subchapter may request revisions semiannually, after notice and opportunity for hearing, on the dates provided in the commission's rules for filing petitions to revise the utility's fuel factor.  In conjunction with the utility's fuel reconciliation proceedings, the commission shall reconcile the costs recovered under the rider and the actual incremental capacity costs eligible for recovery under this section.  The rider shall expire on the introduction of customer choice or on the implementation of rates resulting from the filing of a Subchapter C, Chapter 36, rate proceeding.  In no event may the amount recovered annually under the rider exceed five percent of the utility's annual base rate revenues.|Added by Acts 2005, 79th Leg., Ch. 1072 (H.B. 1567), Sec. 1, eff. June 18, 2005.|
TX Util § 39.456 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter J. Transition to Competition in Certain|Section 39.456. Franchise Agreements

Sec. 39.456.  FRANCHISE AGREEMENTS.  A municipality, with the agreement of an electric utility, may accelerate the expiration date of a franchise agreement that was in existence on September 1, 1999.  Any new franchise agreement must be approved by the governing body of the municipality.  To the extent that a new franchise agreement would result in an increase in the payment of franchise fees to the municipality, and subject to the terms of the franchise agreement, either the electric utility or the municipality, without the need for a rate proceeding under Chapter 36, may file with the commission for approval of a rider for the electric utility's recovery of franchise payments resulting from the agreement, so long as such rider is collected only from customers of the electric utility that are located within the boundaries of the municipality.|Added by Acts 2005, 79th Leg., Ch. 1072 (H.B. 1567), Sec. 1, eff. June 18, 2005.|
TX Util § 39.457 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter J. Transition to Competition in Certain|Section 39.457. Contractual Rights

Sec. 39.457.  CONTRACTUAL RIGHTS.  In the event that the electric utility subject to this subchapter either merges, consolidates, or otherwise becomes affiliated with another owner of electric generation, or completes the jurisdictional separation authorized by Section 39.452(e) and the resulting vertically integrated utility proposes to join a regional transmission organization, and either action adversely affects the rights or obligations of an electric cooperative under a wholesale generation or transmission agreement entered into before the effective date of this subchapter or otherwise adversely affects the electric cooperative's access to its existing generation resources under said agreements, then the utility shall submit a proposal agreeable to the cooperative and the utility for addressing such rights and obligations in the appropriate regulatory proceeding.  Such proposal shall be consistent with applicable law regarding the rights and obligations of the electric cooperative and the utility under such existing generation or transmission agreements.|Added by Acts 2005, 79th Leg., Ch. 1072 (H.B. 1567), Sec. 1, eff. June 18, 2005.|
TX Util § 39.458 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter J. Transition to Competition in Certain|Section 39.458. Recovery and Securitization of Hurricane Reconstruction Costs; Purpose

Sec. 39.458.  RECOVERY AND SECURITIZATION OF HURRICANE RECONSTRUCTION COSTS; PURPOSE.  (a)  The purpose of this section and of Sections 39.459-39.463 is to enable an electric utility subject to this subchapter to obtain timely recovery of hurricane reconstruction costs and to use securitization financing to recover these costs, because that type of debt will lower the carrying costs associated with the recovery of hurricane reconstruction costs relative to the costs that would be incurred using conventional financing methods.  The proceeds of the transition bonds may be used only for the purposes of reducing the amount of recoverable hurricane reconstruction costs, as determined by the commission in accordance with this subchapter, through the refinancing or retirement of utility debt or equity.(b)  It is the intent of the legislature that:(1)  securitization of hurricane reconstruction costs will be subject to the same procedures, standards, and protections for the securitization of stranded costs and regulatory assets under Subchapter G in effect on the effective date of this section, except as provided by this subchapter; and(2)  the commission will ensure that securitization of hurricane reconstruction costs provides greater tangible and quantifiable benefits to ratepayers than would have been achieved without the issuance of transition bonds.|Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 11 (H.B. 163), Sec. 2, eff. May 31, 2006.|
TX Util § 39.459 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter J. Transition to Competition in Certain|Section 39.459. Hurricane Reconstruction Costs

Sec. 39.459.  HURRICANE RECONSTRUCTION COSTS.  (a)  In this subchapter:(1)  "Hurricane reconstruction costs" means reasonable and necessary costs, including costs expensed, charged to the storm reserve, or capitalized, that are incurred by an electric utility subject to this subchapter due to any activity or activities conducted by or on behalf of the electric utility in connection with the restoration of service associated with electric power outages affecting customers of the electric utility as the result of Hurricane Rita, including mobilization, staging, and construction, reconstruction, replacement, or repair of electric generation, transmission, distribution, or general plant facilities.(2)  "Hurricane Rita" means the hurricane of that name that struck the coastal region of this state in September 2005.(b)  If the commission determines it to be appropriate, hurricane reconstruction costs may include carrying costs from the date on which the hurricane reconstruction costs were incurred until the date that transition bonds are issued.(c)  To the extent a utility subject to this subchapter receives insurance proceeds, governmental grants, or any other source of funding that compensates it for hurricane reconstruction costs, those amounts shall be used to reduce the utility's hurricane reconstruction costs recoverable from customers.  If the timing of a utility's receipt of those amounts prevents their inclusion as a reduction to the hurricane reconstruction costs that are securitized, the commission shall take those amounts into account in:(1)  the utility's next base rate proceeding; or(2)  any proceeding in which the commission considers hurricane reconstruction costs.|Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 11 (H.B. 163), Sec. 2, eff. May 31, 2006.|
TX Util § 39.461 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter J. Transition to Competition in Certain|Section 39.461. Nonbypassable Charges

Sec. 39.461.  NONBYPASSABLE CHARGES.  The commission may include terms in the financing order to ensure that the imposition and collection of transition charges associated with the recovery of hurricane reconstruction costs are nonbypassable by imposing restrictions on bypassability of the type provided for in this chapter or by alternative means of ensuring nonbypassability, as the commission considers appropriate, consistent with the purposes of securitization.|Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 11 (H.B. 163), Sec. 2, eff. May 31, 2006.|
TX Util § 39.462 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter J. Transition to Competition in Certain|Section 39.462. Determination of Hurricane Reconstruction Costs

Sec. 39.462.  DETERMINATION OF HURRICANE RECONSTRUCTION COSTS.  (a)  An electric utility subject to this subchapter is entitled to recover hurricane reconstruction costs consistent with the provisions of this subchapter and is entitled to seek recovery of amounts not recovered under this subchapter, including hurricane reconstruction costs not yet incurred at the time an application is filed under Subsection (b), in its next base rate proceeding or through any other proceeding authorized by Subchapter C, Chapter 36.(b)  The commission shall issue an order determining the amount of hurricane reconstruction costs eligible for recovery and securitization not later than the 150th day after the date an electric utility subject to this subchapter files an application seeking that determination.  The 150-day period begins on the date the electric utility files the application, even if the filing occurs before the effective date of this section.(c)  On issuance by the commission of an order determining the amount of eligible hurricane reconstruction costs, an electric utility subject to this subchapter may file an application for a financing order, which shall be governed by the procedures in Subchapter G.(d)  To the extent the commission has made a determination of the eligible hurricane reconstruction costs of an electric utility subject to this subchapter before the effective date of this section, that determination may provide the basis for the utility's application for a financing order pursuant to this subchapter and Subchapter G.  A previous commission determination does not preclude the utility from requesting recovery of additional hurricane reconstruction costs eligible for recovery under this subchapter, but not previously authorized by the commission.(e)  A rate proceeding under Chapter 36 is not required to determine the amount of recoverable hurricane reconstruction costs as provided by this section.|Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 11 (H.B. 163), Sec. 2, eff. May 31, 2006.|