reglab/housing_qa huggingface dataset:
TX Util § 39.302 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter G. Securitization|Section 39.302. Definitions

Sec. 39.302.  DEFINITIONS.  In this subchapter:(1)  "Assignee" means any individual, corporation, or other legally recognized entity to which an interest in transition property is transferred, other than as security, including any assignee of that party.(2)  "Financing order" means an order of the commission adopted under Section 39.201 or 39.262 approving the issuance of transition bonds and the creation of transition charges for the recovery of qualified costs.(3)  "Financing party" means a holder of transition bonds, including trustees, collateral agents, and other persons acting for the benefit of the holder.(4)  "Qualified costs" means 100 percent of an electric utility's regulatory assets and 75 percent of its recoverable costs determined by the commission under Section 39.201 and any remaining amounts determined under Section 39.262 together with the costs of issuing, supporting, and servicing transition bonds and any costs of retiring and refunding the electric utility's existing debt and equity securities in connection with the issuance of transition bonds.  The term includes the costs to the commission of acquiring professional services for the purpose of evaluating proposed transactions under Section 39.201 and this subchapter.(5)  "Regulatory assets" means the generation-related portion of the Texas jurisdictional portion of the amount reported by the electric utility in its 1998 annual report on Securities and Exchange Commission Form 10-K as regulatory assets and liabilities, offset by the applicable portion of generation-related investment tax credits permitted under the Internal Revenue Code of 1986.(6)  "Transition bonds" means bonds, debentures, notes, certificates of participation or of beneficial interest, or other evidences of indebtedness or ownership that are issued by an electric utility, its successors, or an assignee under a financing order, that have a term not longer than 15 years, and that are secured by or payable from transition property.  If certificates of participation, beneficial interest, or ownership are issued, references in this subchapter to principal, interest, or premium shall refer to comparable amounts under those certificates.(7)  "Transition charges" means nonbypassable amounts to be charged for the use or availability of electric services, approved by the commission under a financing order to recover qualified costs, that shall be collected by an electric utility, its successors, an assignee, or other collection agents as provided for in the financing order.(8)  "Transition property" means the property described in Section 39.304.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.Amended by: Acts 2007, 80th Leg., R.S., Ch. 1186 (H.B. 624), Sec. 3, eff. June 15, 2007.|
TX Util § 39.304 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter G. Securitization|Section 39.304. Property Rights

Sec. 39.304.  PROPERTY RIGHTS.  (a)  The rights and interests of an electric utility or successor under a financing order, including the right to impose, collect, and receive transition charges authorized in the order, shall be only contract rights until they are first transferred to an assignee or pledged in connection with the issuance of transition bonds, at which time they will become "transition property."(b)  Transition property shall constitute a present property right for purposes of contracts concerning the sale or pledge of property, even though the imposition and collection of transition charges depends on further acts of the utility or others that have not yet occurred.  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 39.310.(c)  All revenues and collections resulting from transition charges shall constitute proceeds only of the transition property arising from the financing order.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.|
TX Util § 39.305 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter G. Securitization|Section 39.305. No Setoff

Sec. 39.305.  NO SETOFF.  The interest of an assignee or pledgee in transition property and in the revenues and collections arising from that property are not subject to setoff, counterclaim, surcharge, or defense by the electric utility or any other person or in connection with the bankruptcy of the electric utility or any other entity.  A financing order shall remain in effect and unabated notwithstanding the bankruptcy of the electric utility, its successors, or assignees.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.|
TX Util § 39.306 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter G. Securitization|Section 39.306. No Bypass

Sec. 39.306.  NO BYPASS.  A financing order shall include terms ensuring that the imposition and collection of transition charges authorized in the order shall be nonbypassable.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.|
TX Util § 39.307 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter G. Securitization|Section 39.307. True-Up

Sec. 39.307.  TRUE-UP.  A financing order shall include a mechanism requiring that transition charges be reviewed and adjusted at least annually, within 45 days of the anniversary date of the issuance of the transition bonds, to correct any overcollections or undercollections of the preceding 12 months and to 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 transition bonds.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.|
TX Util § 39.308 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter G. Securitization|Section 39.308. True Sale

Sec. 39.308.  TRUE SALE.  An agreement by an electric utility or assignee to transfer transition 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 transition property is transferred.  This true sale shall apply 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 transition property, the fact that the electric utility acts as the collector of transition charges relating to the transition property, or the treatment of the transfer as a financing for tax, financial reporting, or other purposes.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.|
TX Util § 39.310 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter G. Securitization|Section 39.310. Pledge of State

Sec. 39.310.  PLEDGE OF STATE.  Transition 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 financing parties and the electric utility, that it will not take or permit any action that would impair the value of transition property, or, except as permitted by Section 39.307, reduce, alter, or impair the transition 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 transition bonds have been paid and performed in full.  Any party issuing transition bonds is authorized to include this pledge in any documentation relating to those bonds.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.|
TX Util § 39.311 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter G. Securitization|Section 39.311. Tax Exemption

Sec. 39.311.  TAX EXEMPTION.  Transactions involving the transfer and ownership of transition property and the receipt of transition charges are exempt from state and local income, sales, franchise, gross receipts, and other taxes or similar charges.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.|
TX Util § 39.312 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter G. Securitization|Section 39.312. Not Public Utility

Sec. 39.312.  NOT PUBLIC UTILITY.  An assignee or financing party may not be considered to be a public utility or person providing electric service solely by virtue of the transactions described in this subchapter.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.|
TX Util § 39.313 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter G. Securitization|Section 39.313. Severability

Sec. 39.313.  SEVERABILITY.  Effective on the date the first utility transition bonds are issued under this subchapter, if any provision in this title or portion of this title is held to be invalid or is invalidated, superseded, replaced, repealed, or expires for any reason, that occurrence does not affect the validity or continuation of this subchapter, Section 39.201, 39.251, 39.252, or 39.262, or any part of those provisions, or any other provision of this title that is relevant to the issuance, administration, payment, retirement, or refunding of transition bonds or to any actions of the electric utility, its successors, an assignee, a collection agent, or a financing party, which shall remain in full force and effect.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.|
TX Util § 39.351 (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 39.351. Registration of Power Generation Companies

Sec. 39.351.  REGISTRATION OF POWER GENERATION COMPANIES.  (a)  A person may not generate electricity unless the person is registered with the commission as a power generation company in accordance with this section.  A person may register as a power generation company by filing the following information with the commission:(1)  a description of the location of any facility used to generate electricity;(2)  a description of the type of services provided;(3)  a copy of any information filed with the Federal Energy Regulatory Commission in connection with registration with that commission;  and(4)  any other information required by commission rule, provided that in requiring that information the commission shall protect the competitive process in a manner that ensures the confidentiality of competitively sensitive information.(b)  A power generation company shall comply with the reliability standards adopted by an independent organization certified by the commission to ensure the reliability of the regional electrical network for a power region in which the power generation company is generating or selling electricity.(c)  The commission may establish simplified filing requirements for distributed natural gas generation facilities.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 890 (S.B. 365), Sec. 4, eff. September 1, 2011.|
TX Util § 39.353 (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 39.353. Registration of Aggregators

Sec. 39.353.  REGISTRATION OF AGGREGATORS.  (a)  A person may not provide aggregation services in the state unless the person is registered with the commission as an aggregator.(b)  In this subchapter, "aggregator" means a person joining two or more customers, other than municipalities and political subdivision corporations, into a single purchasing unit to negotiate the purchase of electricity from retail electric providers.  Aggregators may not sell or take title to electricity.  Retail electric providers are not aggregators.(c)  A person registering under this section shall comply with all customer protection provisions, all disclosure requirements, and all marketing guidelines established by the commission and by this title.(d)  The commission shall establish terms and conditions it determines necessary to regulate the reliability and integrity of aggregators in the state by June 1, 2000.(e)  An aggregator may register any time after September 1, 2000.(f)  The commission shall have up to 60 days to process applications for registration filed by aggregators.(g)  Registration is not required of a customer that is aggregating loads from its own location or facilities.(h)  The commission shall work with the Texas Department of Economic Development to communicate information about opportunities for operation as aggregators to potential new aggregators, including small and historically underutilized businesses.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.|
TX Util § 39.3535 (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 39.3535. Military Bases Aggregators

Sec. 39.3535.  MILITARY BASES AGGREGATORS.  (a)  In this section, "military bases aggregator" means a person joining two or more military bases that are located in areas of the state offering customer choice under this chapter into a single purchasing unit to negotiate electricity purchases from retail electric providers.(b)  It is the policy of this state to encourage military bases located in areas of the state offering customer choice under this chapter to aggregate their facilities into a single purchasing unit as a method to reduce costs of electricity consumed by those bases.  The commission shall provide assistance to a military bases aggregator regarding the evaluation of offers from retail electric providers on the request of the military bases aggregator.(c)  An aggregator registered under another section of this subchapter may provide aggregation services to military bases.(d)  A person, including a state agency, may register as a military bases aggregator to provide aggregation services exclusively to military bases located in areas of the state offering customer choice under this chapter.(e)  A person registered as a military bases aggregator under Subsection (d) is not required to comply with customer protection provisions, disclosure requirements, or marketing guidelines prescribed by this title or established by the commission while providing aggregation services exclusively to military bases.(f)  The commission shall expedite consideration of an application submitted by an applicant for registration under Subsection (d).|Added by Acts 2003, 78th Leg., ch. 149, Sec. 22, eff. May 27, 2003.|
TX Util § 39.354 (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 39.354. Registration of Municipal Aggregators

Sec. 39.354.  REGISTRATION OF MUNICIPAL AGGREGATORS.  (a)  A municipal aggregator may not provide aggregation services in the state unless the municipal aggregator registers with the commission.(b)  In this section, "municipal aggregator" means a person authorized by two or more municipal governing bodies to join the bodies into a single purchasing unit to negotiate the purchase of electricity from retail electric providers or aggregation by a municipality under Chapter 304, Local Government Code.(c)  A municipal aggregator may register any time after September 1, 2000.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1420, Sec. 21.002(22), eff. Sept. 1, 2001.|
TX Util § 39.3545 (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 39.3545. Registration of Political Subdivision Aggregators

Sec. 39.3545.  REGISTRATION OF POLITICAL SUBDIVISION AGGREGATORS.  (a)  A political subdivision aggregator may not provide aggregation services in the state unless the political subdivision aggregator registers with the commission.(b)  In this section, "political subdivision aggregator" means a person or political subdivision corporation authorized by two or more political subdivision governing bodies to join the bodies into a single purchasing unit or multiple purchasing units to negotiate the purchase of electricity from retail electric providers for the facilities of the aggregated political subdivisions or aggregation by a person or political subdivision under Chapter 304, Local Government Code.(c)  A political subdivision aggregator may register any time after September 1, 2000.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1420, Sec. 21.002(23), eff. Sept. 1, 2001.|
TX Util § 39.355 (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 39.355. Registration of Power Marketers

Sec. 39.355.  REGISTRATION OF POWER MARKETERS.  A person may not sell electric energy at wholesale as a power marketer unless the person registers with the commission pursuant to Section 35.032.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.|
TX Util § 39.3555 (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 39.3555. Registration of Brokers

Sec. 39.3555.  REGISTRATION OF BROKERS.  (a)  In this section, "brokerage services" means providing advice or procurement services to, or acting on behalf of, a retail electric customer regarding the selection of a retail electric provider, or a product or service offered by a retail electric provider.(b)  A person may not provide brokerage services, including brokerage services offered online, in this state for compensation or other consideration unless the person is registered with the commission as a broker.(c)  A retail electric provider may not register as a broker. A broker may not sell or take title to electric energy.(d)  A retail electric provider may not knowingly provide bids or offers to a person who:(1)  provides brokerage services in this state for compensation or other consideration; and(2)  has not registered as a broker with the commission.(e)  A person who registers under this section shall comply with customer protection provisions, disclosure requirements, and marketing guidelines established by the commission and by this chapter and Chapter 17.(f)  The commission shall adopt rules as necessary to implement this section.(g)  The commission shall process a person's application for registration as a broker not later than the 60th day after the date the person files the application.|Added by Acts 2019, 86th Leg., R.S., Ch. 1373 (S.B. 1497), Sec. 1, eff. September 1, 2019.|
TX Util § 39.356 (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 39.356. Revocation of Certification

Sec. 39.356.  REVOCATION OF CERTIFICATION.  (a)  The commission may suspend, revoke, or amend a retail electric provider's certificate for significant violations of this title or the rules adopted under this title or of any reliability standard adopted by an independent organization certified by the commission to ensure the reliability of a power region's electrical network, including the failure to observe any scheduling, operating, planning, reliability, or settlement protocols established by the independent organization.  The commission may also suspend or revoke a retail electric provider's certificate if the provider no longer has the financial or technical capability to provide continuous and reliable electric service.(b)  The commission may suspend or revoke a power generation company's registration for significant violations of this title or the rules adopted under this title or of the reliability standards adopted by an independent organization certified by the commission to ensure the reliability of a power region's electrical network, including the failure to observe any scheduling, operating, planning, reliability, or settlement protocols established by the independent organization.(c)  The commission may suspend or revoke an aggregator's registration for significant violations of this title or of the rules adopted under this title.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.|
TX Util § 39.357 (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 39.357. Administrative Penalty

Sec. 39.357.  ADMINISTRATIVE PENALTY.  In addition to the suspension, revocation, or amendment of a certification, the commission may impose an administrative penalty, as provided by Section 15.023, for violations described by Section 39.356.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.|
TX Util § 39.358 (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 39.358. Local Registration of Retail Electric Provider

Sec. 39.358.  LOCAL REGISTRATION OF RETAIL ELECTRIC PROVIDER.  (a)  A municipality may require a retail electric provider to register with the municipality as a condition of serving residents of the municipality.  The municipality may assess a reasonable administrative fee for this purpose.(b)  The municipality may suspend or revoke a retail electric provider's registration and operation in that municipality for significant violations of this chapter or the rules adopted under this chapter.|Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.|