reglab/housing_qa huggingface dataset:
TX Util § 11.002 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle A - Provisions Applicable to All Utilities|Chapter 11 - General Provisions|Section 11.002. Purpose and Findings

Sec. 11.002.  PURPOSE AND FINDINGS.  (a)  This title is enacted to protect the public interest inherent in the rates and services of public utilities.  The purpose of this title is to establish a comprehensive and adequate regulatory system for public utilities to assure rates, operations, and services that are just and reasonable to the consumers and to the utilities.(b)  Public utilities traditionally are by definition monopolies in the areas they serve.  As a result, the normal forces of competition that regulate prices in a free enterprise society do not operate.  Public agencies regulate utility rates, operations, and services as a substitute for competition.(c)  Significant changes have occurred in the telecommunications and electric power industries since the Public Utility Regulatory Act was originally adopted.  Changes in technology and market structure have increased the need for minimum standards of service quality, customer service, and fair business practices to ensure high-quality service to customers and a healthy marketplace where competition is permitted by law.  It is the purpose of this title to grant the Public Utility Commission of Texas authority to make and enforce rules necessary to protect customers of telecommunications and electric services consistent with the public interest.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1579, Sec. 1, eff. Aug. 30, 1999.|
TX Util § 11.004 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle A - Provisions Applicable to All Utilities|Chapter 11 - General Provisions|Section 11.004. Definition of Utility

Sec. 11.004.  DEFINITION OF UTILITY.  In Subtitle A, "public utility" or "utility" means:(1)  an electric utility, as that term is defined by Section 31.002;  or(2)  a public utility or utility, as those terms are defined by Section 51.002.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 11.0042 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle A - Provisions Applicable to All Utilities|Chapter 11 - General Provisions|Section 11.0042. Definition of Affiliate

Sec. 11.0042.  DEFINITION OF AFFILIATE.  (a)  The term "person" or "corporation" as used in the definition of "affiliate" provided by Section 11.003(2) does not include:(1)  a broker or dealer registered under the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.), as amended;(2)  a bank or insurance company as defined under the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.), as amended;(3)  an investment adviser registered under state law or the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.); or(4)  an investment company registered under the Investment Company Act of 1940 (15 U.S.C. Section 80a-1 et seq.); or(5)  an employee benefit plan, pension fund, endowment fund, or other similar entity that may, directly or indirectly, own, hold, or control five percent or more of the voting securities of a public utility or the parent corporation of a public utility if the entity did not acquire the voting securities:(A)  for the purpose of or with the effect of changing or influencing the control of the issuer of the securities; or(B)  in connection with or as a participant in any transaction that changes or influences the control of the issuer of the securities.(b)  For the purpose of determining whether a person is an affiliate under Section 11.006(a)(3), the term "person" does not include an entity that may, directly or indirectly, own, hold, or control the voting securities of a public utility or the parent corporation of a public utility if the entity did not acquire the voting securities:(1)  for the purpose of or with the effect of changing or influencing the control of the issuer of the securities; or(2)  in connection with or as a participant in any transaction that changes or influences the control of the issuer of the securities.(c)  A report filed by an entity described by Subsection (a)(5) or (b) with the Securities and Exchange Commission is conclusive evidence of the entity's intent if the report confirms that the voting securities were not acquired:(1)  for the purpose of or with the effect of changing or influencing the control of the issuer of the securities; or(2)  in connection with or as a participant in any transaction that changes or influences the control of the issuer of the securities.|Added by Acts 2005, 79th Leg., Ch. 413 (S.B. 1668), Sec. 2, eff. June 17, 2005.|
TX Util § 11.005 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle A - Provisions Applicable to All Utilities|Chapter 11 - General Provisions|Section 11.005. Entity, Competitor, or Supplier Affected in Manner Other Than by Setting of Rates

Sec. 11.005.  ENTITY, COMPETITOR, OR SUPPLIER AFFECTED IN MANNER OTHER THAN BY SETTING OF RATES.  In this title, an entity, including a utility competitor or utility supplier, is considered to be affected in a manner other than by the setting of rates for that class of customer if during a relevant calendar year the entity provides fuel, utility-related goods, utility-related products, or utility-related services to a regulated or unregulated provider of telecommunications or electric services or to an affiliate in an amount equal to the greater of $10,000 or 10 percent of the person's business.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 11.006 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle A - Provisions Applicable to All Utilities|Chapter 11 - General Provisions|Section 11.006. Person Determined to Be Affiliate

Sec. 11.006.  PERSON DETERMINED TO BE AFFILIATE.  (a)  The commission may determine that a person is an affiliate for purposes of this title if the commission after notice and hearing finds that the person:(1)  actually exercises substantial influence or control over the policies and actions of a public utility;(2)  is a person over which a public utility exercises the control described by Subdivision (1);(3)  is under common control with a public utility;  or(4)  together with one or more persons with whom the person is related by ownership or blood relationship, or by action in concert, actually exercises substantial influence over the policies and actions of a public utility even though neither person may qualify as an affiliate individually.(b)  For purposes of Subsection (a)(3), "common control with a public utility" means the direct or indirect possession of the power to direct or cause the direction of the management and policies of another, without regard to whether that power is established through ownership or voting of securities or by any other direct or indirect means.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 11.007 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle A - Provisions Applicable to All Utilities|Chapter 11 - General Provisions|Section 11.007. Administrative Procedure

Sec. 11.007.  ADMINISTRATIVE PROCEDURE.  (a)  Chapter 2001, Government Code, applies to a proceeding under this title except to the extent inconsistent with this title.(b)  A communication of a member or employee of the commission with any person, including a party or a party's representative, is governed by Section 2001.061, Government Code.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 11.008 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle A - Provisions Applicable to All Utilities|Chapter 11 - General Provisions|Section 11.008. Liberal Construction

Sec. 11.008.  LIBERAL CONSTRUCTION.  This title shall be construed liberally to promote the effectiveness and efficiency of regulation of public utilities to the extent that this construction preserves the validity of this title and its provisions.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 11.009 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle A - Provisions Applicable to All Utilities|Chapter 11 - General Provisions|Section 11.009. Construction With Federal Authority

Sec. 11.009.  CONSTRUCTION WITH FEDERAL AUTHORITY.  This title shall be construed to apply so as not to conflict with any authority of the United States.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 51.003 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 51 - General Provisions|Section 51.003. Applicability

Sec. 51.003.  APPLICABILITY.  Except as otherwise expressly provided by this title, this title does not apply to:(1)  a company that as its only form of business:(A)  is a telecommunications manager;  or(B)  administers central office based or customer based PBX-type sharing/resale arrangements;(2)  telegraph services;(3)  television or radio stations;(4)  community antenna television services;  or(5)  a provider of commercial mobile service as defined by Section 332(d), Communications Act of 1934 (47 U.S.C. Section 151 et seq.), Federal Communications Commission rules, and the Omnibus Budget Reconciliation Act of 1993 (Public Law 103-66), other than conventional rural radio-telephone services provided by a wire-line telephone company under the Public Mobile Service rules of the Federal Communications Commission (47 C.F.R. Part 22).|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 51.004 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 51 - General Provisions|Section 51.004. Pricing Flexibility

Sec. 51.004.  PRICING FLEXIBILITY.  (a)  A discount or other form of pricing flexibility may not be:(1)  unreasonably preferential, prejudicial, or discriminatory;  or(2)  predatory or anticompetitive.(b)  This title does not prohibit a volume discount or other discount based on a reasonable business purpose.  A price that is set at or above the long run incremental cost of a service is presumed not to be a predatory price.(c)  This title allows an offer based on a reasonable business purpose, including an offer made at any time to a selected customer or a group of customers in response to a competitor's offer or a former customer's acceptance of a competitor's offer if the price of the offer meets the requirements of Section 52.0584, 58.063, or 59.031.(d)  An offer made under Subsection (c) must be made in compliance with Chapter 304, Business & Commerce Code.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1212, Sec. 6, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 32, Sec. 1, eff. Sept. 1, 2003.Amended by: Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.39, eff. April 1, 2009.|
TX Util § 51.005 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 51 - General Provisions|Section 51.005. Assistance to Municipality

Sec. 51.005.  ASSISTANCE TO MUNICIPALITY.  On request of a municipality, the commission may advise and assist the municipality with respect to a question or proceeding arising under this title.  Assistance provided by the commission may include aid to a municipality on a matter pending before the commission or a court, such as making a staff member available as a witness or otherwise providing evidence to the municipality.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 51.006 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 51 - General Provisions|Section 51.006. Municipal Participation in Ratemaking Proceedings

Sec. 51.006.  MUNICIPAL PARTICIPATION IN RATEMAKING PROCEEDINGS.  (a)  The governing body of a municipality participating in a ratemaking proceeding may engage rate consultants, accountants, auditors, attorneys, and engineers to:(1)  conduct investigations, present evidence, and advise and represent the governing body;  and(2)  assist the governing body with litigation before the commission or a court.(b)  The public utility in the ratemaking proceeding shall reimburse the governing body of the municipality for the reasonable cost of the services of a person engaged under Subsection (a) to the extent the commission determines is reasonable.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 51.007 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 51 - General Provisions|Section 51.007. Municipal Standing in Certain Cases

Sec. 51.007.  MUNICIPAL STANDING IN CERTAIN CASES.  (a)  A municipality has standing in each case before the commission that relates to a utility providing service in the municipality.(b)  A municipality's standing is subject to the right of the commission to:(1)  determine standing in a case involving a retail service area dispute that involves two or more utilities;  and(2)  consolidate municipalities on an issue of common interest.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 51.008 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 51 - General Provisions|Section 51.008. Judicial Review

Sec. 51.008.  JUDICIAL REVIEW.  A municipality is entitled to judicial review of a commission order relating to a utility providing services in the municipality as provided by Section 15.001.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 51.009 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 51 - General Provisions|Section 51.009. Municipal Fees

Sec. 51.009.  MUNICIPAL FEES.  (a)  Nothing in this title, including Section 53.201, may be construed as in any way limiting the right of a public utility to pass through a municipal fee, including an increase in a municipal fee.(b)  A public utility that traditionally passes through municipal fees shall promptly pass through any municipal fee reduction.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 51.010 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 51 - General Provisions|Section 51.010. Commission Investigation of Sale, Merger, or Certain Other Actions

Sec. 51.010.  COMMISSION INVESTIGATION OF SALE, MERGER, OR CERTAIN OTHER ACTIONS.  (a)  The commission, not later than the 180th day after the date a public utility reports to the commission under Section 14.101, shall complete an investigation under that section and enter a final order.(b)  If a final order is not entered as required by Subsection (a), the commission is considered to have determined that the action taken by the public utility is consistent with the public interest.(c)  Section 14.101 does not apply to:(1)  a company that receives a certificate of operating authority or a service provider certificate of operating authority under Chapter 54;  or(2)  a company electing under Chapter 58.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 66.001 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 66 - State-Issued Cable and Video Franchise|Section 66.001. Franchising Authority

Sec. 66.001.  FRANCHISING AUTHORITY.  The commission shall be designated as the franchising authority for a state-issued franchise for the provision of cable service or video service.|Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 27, eff. September 7, 2005.|
TX Util § 66.007 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 66 - State-Issued Cable and Video Franchise|Section 66.007. Build-Out

Sec. 66.007.  BUILD-OUT.  The holder of a state-issued certificate of franchise authority shall not be required to comply with mandatory build-out provisions.|Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 27, eff. September 7, 2005.|
TX Util § 66.008 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 66 - State-Issued Cable and Video Franchise|Section 66.008. Customer Service Standards

Sec. 66.008.  CUSTOMER SERVICE STANDARDS.  The holder of a state-issued certificate of franchise authority shall comply with customer service requirements consistent with 47 C.F.R. Section 76.309(c) until there are two or more providers offering service, excluding direct-to-home satellite service, in the relevant municipality.|Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 27, eff. September 7, 2005.|
TX Util § 66.010 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 66 - State-Issued Cable and Video Franchise|Section 66.010. Nondiscrimination by Municipality

Sec. 66.010.  NONDISCRIMINATION BY MUNICIPALITY.  (a)  A municipality shall allow the holder of a state-issued certificate of franchise authority to install, construct, and maintain a communications network within a public right-of-way and shall provide the holder of a state-issued certificate of franchise authority with open, comparable, nondiscriminatory, and competitively neutral access to the public right-of-way.  All use of a public right-of-way by the holder of a state-issued certificate of franchise authority is nonexclusive and subject to Section 66.011.(b)  A municipality may not discriminate against the holder of a state-issued certificate of franchise authority regarding:(1)  the authorization or placement of a communications network in a public right-of-way;(2)  access to a building; or(3)  a municipal utility pole attachment term.|Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 27, eff. September 7, 2005.|
TX Util § 66.012 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 66 - State-Issued Cable and Video Franchise|Section 66.012. Indemnity in Connection With Right-of-Way; Notice of Liability

Sec. 66.012.  INDEMNITY IN CONNECTION WITH RIGHT-OF-WAY; NOTICE OF LIABILITY.  (a)  The holder of a state-issued certificate of franchise authority shall indemnify and hold a municipality and its officers and employees harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees (including reasonable attorney's fees and costs of defense), proceedings, actions, demands, causes of action, liability, and suits of any kind and nature, including personal or bodily injury (including death), property damage, or other harm for which recovery of damages is sought, that is found by a court of competent jurisdiction to be caused solely by the negligent act, error, or omission of the holder of a state-issued certificate of franchise authority or any agent, officer, director, representative, employee, affiliate, or subcontractor of the holder of a state-issued certificate of franchise authority or their respective officers, agents, employees, directors, or representatives, while installing, repairing, or maintaining facilities in a public right-of-way.  The indemnity provided by this subsection does not apply to any liability resulting from the negligence of the municipality or its officers, employees, contractors, or subcontractors.  If the holder of a state-issued certificate of franchise authority and the municipality are found jointly liable by a court of competent jurisdiction, liability shall be apportioned comparatively in accordance with the laws of this state without, however, waiving any governmental immunity available to the municipality under state law and without waiving any defenses of the parties under state law.  This subsection is solely for the benefit of the municipality and the holder of a state-issued certificate of franchise authority and does not create or grant any rights, contractual or otherwise, for or to any other person or entity.(b)  The holder of a state-issued certificate of franchise authority and a municipality shall promptly advise the other in writing of any known claim or demand against the holder of a state-issued certificate of franchise authority or the municipality related to or arising out of the holder of a state-issued certificate of franchise authority's activities in a public right-of-way.(c)  The commission shall have no jurisdiction to review such police power-based regulations and ordinances adopted by a municipality to manage the public rights-of-way.|Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 27, eff. September 7, 2005.|
TX Util § 66.013 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle C - Telecommunications Utilities|Chapter 66 - State-Issued Cable and Video Franchise|Section 66.013. Municipal Authority

Sec. 66.013.  MUNICIPAL AUTHORITY.  In addition to a municipality's authority to exercise its nondiscriminatory police power with respect to public rights-of-way under current law, a municipality's authority to regulate the holder of state-issued certificate of franchise authority is limited to:(1)  a requirement that the holder of a state-issued certificate of franchise authority who is providing cable service or video service within the municipality register with the municipality and maintain a point of contact;(2)  the establishment of reasonable guidelines regarding the use of public, educational, and governmental access channels; and(3)  submitting reports within 30 days on the customer service standards referenced in Section 66.008 if the provider is subject to those standards and has continued and unresolved customer service complaints indicating a clear failure on the part of the holder of a state-issued certificate of franchise authority to comply with the standards.|Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 27, eff. September 7, 2005.|