reglab/housing_qa huggingface dataset:
TX Util § 33.001 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 33 - Jurisdiction and Powers of Municipality|Subchapter A. General Provisions|Section 33.001. Municipal Jurisdiction

Sec. 33.001.  MUNICIPAL JURISDICTION.  (a)  To provide fair, just, and reasonable rates and adequate and efficient services, the governing body of a municipality has exclusive original jurisdiction over the rates, operations, and services of an electric utility in areas in the municipality, subject to the limitations imposed by this title.(b)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 727 (H.B. 3853), Sec. 2, eff. June 15, 2021.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 1, eff. September 7, 2005.Acts 2021, 87th Leg., R.S., Ch. 727 (H.B. 3853), Sec. 2, eff. June 15, 2021.|
TX Util § 33.002 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 33 - Jurisdiction and Powers of Municipality|Subchapter A. General Provisions|Section 33.002. Surrender of Municipal Jurisdiction to Commission

Sec. 33.002.  SURRENDER OF MUNICIPAL JURISDICTION TO COMMISSION.  (a)  A municipality shall regulate all local utility service in the municipality until the commission assumes jurisdiction over a local utility under this subtitle.(b)  A municipality may elect to have the commission exercise exclusive original jurisdiction over electric utility rates, operations, and services in the municipality by ordinance or by submitting the question of the surrender of its jurisdiction to the voters at a municipal election.(c)  The governing body of a municipality shall submit at a municipal election the question of surrendering its jurisdiction to the commission if the governing body receives a petition signed by a number of qualified voters of the municipality equal to at least the lesser of 20,000 or 10 percent of the number of voters voting in the last preceding general election in the municipality.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 33.003 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 33 - Jurisdiction and Powers of Municipality|Subchapter A. General Provisions|Section 33.003. Reinstatement of Municipal Jurisdiction

Sec. 33.003.  REINSTATEMENT OF MUNICIPAL JURISDICTION.  (a)  A municipality that surrenders its jurisdiction to the commission may at any time reinstate its jurisdiction by a vote of the electorate.(b)  A municipality that reinstates its jurisdiction under Subsection (a) may not surrender that jurisdiction before the fifth anniversary of the date of the election in which the municipality elected to reinstate its jurisdiction.(c)  A municipality may not, by a vote of the electorate, reinstate the jurisdiction of the governing body during the time a case involving the municipality is pending before the commission.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 33.004 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 33 - Jurisdiction and Powers of Municipality|Subchapter A. General Provisions|Section 33.004. Area Exempt From Commission Regulation

Sec. 33.004.  AREA EXEMPT FROM COMMISSION REGULATION.  (a)  If a municipality does not surrender its jurisdiction, local utility service in the municipality is exempt from regulation by the commission under this subtitle to the extent that this subtitle applies to local service.(b)  The municipality may exercise in the exempt area the same regulatory powers under the same standards and rules as the commission or under other consistent standards and rules.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 33.005 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 33 - Jurisdiction and Powers of Municipality|Subchapter A. General Provisions|Section 33.005. Exempt Area Reporting

Sec. 33.005.  EXEMPT AREA REPORTING.  (a)  An electric utility serving an area exempt from commission regulation is subject to the reporting requirements of this title.(b)  A report must be filed with:(1)  the governing body of the municipality;  and(2)  the commission.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 33.006 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 33 - Jurisdiction and Powers of Municipality|Subchapter A. General Provisions|Section 33.006. Commission Powers in Nonexempt Areas

Sec. 33.006.  COMMISSION POWERS IN NONEXEMPT AREAS.  This subchapter does not limit the duty and power of the commission to regulate the service and rates of a municipally regulated electric utility for service provided to another area in this state.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 33.007 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 33 - Jurisdiction and Powers of Municipality|Subchapter A. General Provisions|Section 33.007. Allowable Charges

Sec. 33.007.  ALLOWABLE CHARGES.  A municipality that performs a regulatory function under this title may make each charge that is authorized by:(1)  this title;  or(2)  the applicable franchise agreement.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 33.021 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 33 - Jurisdiction and Powers of Municipality|Subchapter B. Rate Determination|Section 33.021. Rate Determination

Sec. 33.021.  RATE DETERMINATION.  (a)  A municipality regulating an electric utility under this subtitle shall require the utility to submit information as necessary to make a reasonable determination of rate base, expenses, investment, and rate of return in the municipality.(b)  A municipality shall make a determination under Subsection (a) using the procedures and requirements prescribed by this title.(c)  A municipality shall retain personnel necessary to make the determination of reasonable rates.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 33.0211 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 33 - Jurisdiction and Powers of Municipality|Subchapter B. Rate Determination|Section 33.0211. Rates and Fees Charged by Certain Municipally Owned Utilities

Sec. 33.0211.  RATES AND FEES CHARGED BY CERTAIN MUNICIPALLY OWNED UTILITIES.  (a)  This section applies only to a municipally owned utility that is located in a municipality that is considered to be a defunding municipality under Chapter 109, Local Government Code.(b)  The governing body of a municipally owned utility may not charge a customer:(1)  at a rate higher than the rate the customer was charged or would have been charged on January 1 of the year that the municipality was determined to be a defunding municipality;(2)  any customer fees in amounts higher than the customer fees the customer was charged or would have been charged on January 1 of the year that the municipality was determined to be a defunding municipality; or(3)  any types of customer fees that the customer was not charged or would not have been charged on January 1 of the year that the municipality was determined to be a defunding municipality.(c)  If a municipally owned utility has not transferred funds to the defunding municipality described by Subsection (a) in the immediately preceding 12 months, the municipally owned utility may increase its rates to account for:(1)  pass-through charges imposed by a state regulatory body or the independent organization certified under Section 39.151;(2)  fuel, hedging, or wholesale power cost increases; or(3)  to fulfill debt obligations or comply with Chapter 1502, Government Code.(d)  A municipally owned utility that increases rates under this Subsection (c) may not transfer funds to the defunding municipality described by Subsection (a) until the date the criminal justice division of the governor's office issues a written determination in accordance with Section 109.005, Local Government Code, finding that the municipality described by Subsection (a) has reversed the reduction described by Section 109.003(1), Local Government Code.|Added by Acts 2021, 87th Leg., R.S., Ch. 199 (H.B. 1900), Sec. 5.01, eff. September 1, 2021.|
TX Util § 33.022 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 33 - Jurisdiction and Powers of Municipality|Subchapter B. Rate Determination|Section 33.022. Consideration of Revenues and Return From Nonexempt Area

Sec. 33.022.  CONSIDERATION OF REVENUES AND RETURN FROM NONEXEMPT AREA.  In establishing rates and charges in an area exempt from commission regulation, the governing body may consider an electric utility's revenues and return on investment in an area that is not exempt from commission regulation.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 33.023 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 33 - Jurisdiction and Powers of Municipality|Subchapter B. Rate Determination|Section 33.023. Ratemaking Proceedings

Sec. 33.023.  RATEMAKING PROCEEDINGS.  (a)  The governing body of a municipality participating in or conducting 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 in an electric utility ratemaking proceeding before the governing body, a regulatory authority, or a court.(b)  The electric 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 applicable regulatory authority determines is reasonable.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 33.024 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 33 - Jurisdiction and Powers of Municipality|Subchapter B. Rate Determination|Section 33.024. Statement of Intent

Sec. 33.024.  STATEMENT OF INTENT.  (a)  Not later than the 31st day before the date an electric utility files a statement of intent under Section 36.102, the electric utility shall provide notice of intent to file the statement to each municipality having original jurisdiction.(b)  Not later than the 30th day after the date a municipality receives notice under Subsection (a), the municipality may request that the electric utility file with the municipality a statement of intent in accordance with Section 36.102.(c)  If requested by a municipality under Subsection (b), the electric utility shall file the statement of intent with the municipality at the same time the statement is filed with the commission.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 33.025 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 33 - Jurisdiction and Powers of Municipality|Subchapter B. Rate Determination|Section 33.025. Municipal Standing

Sec. 33.025.  MUNICIPAL STANDING.  (a)  A municipality has standing in each case before the commission that relates to an electric 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 electric 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 § 33.026 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 33 - Jurisdiction and Powers of Municipality|Subchapter B. Rate Determination|Section 33.026. Judicial Review

Sec. 33.026.  JUDICIAL REVIEW.  A municipality is entitled to judicial review of a commission order relating to an electric 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 § 33.051 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 33 - Jurisdiction and Powers of Municipality|Subchapter C. Appeal of Municipal Order|Section 33.051. Appeal by Party

Sec. 33.051.  APPEAL BY PARTY.  A party to a rate proceeding before a municipality's governing body may appeal the governing body's decision to the commission.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 33.052 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 33 - Jurisdiction and Powers of Municipality|Subchapter C. Appeal of Municipal Order|Section 33.052. Appeal by Residents

Sec. 33.052.  APPEAL BY RESIDENTS.  The residents of a municipality may appeal to the commission the decision of the municipality's governing body in a rate proceeding by filing with the commission a petition for review signed by a number of qualified voters of the municipality equal to at least the lesser of 20,000 or 10 percent of the qualified voters of the municipality.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 33.053 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 33 - Jurisdiction and Powers of Municipality|Subchapter C. Appeal of Municipal Order|Section 33.053. Filing of Appeal

Sec. 33.053.  FILING OF APPEAL.  (a)  An appeal under this subchapter is initiated by filing a petition for review with the commission and serving a copy of the petition on each party to the original rate proceeding.(b)  The appeal must be initiated not later than the 30th day after the date of the final decision by the governing body of the municipality.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 33.054 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 33 - Jurisdiction and Powers of Municipality|Subchapter C. Appeal of Municipal Order|Section 33.054. Hearing and Order

Sec. 33.054.  HEARING AND ORDER.  (a)  An appeal under this subchapter, Subchapter D, or Subchapter E  is de novo and based on the test year presented to the municipality.(b)  The commission shall enter a final order establishing the rates the commission determines the municipality should have set in the ordinance to which the appeal applies.(c)  In a proceeding involving the rates of a municipally owned utility, the commission must enter a final order on or before the 185th day after the date the appeal is perfected or the utility files a rate application as prescribed by Section 33.104.(d)  In a proceeding in which a rate change is concurrently sought from the commission under the commission's original jurisdiction, the commission must enter a final order on or before the later of the 120th day after the date the appeal is perfected or the date final action must be taken in the proceeding filed with the commission.(e)  In a proceeding not governed by Subsection (c) or (d), the commission must enter a final order on or before the 185th day after the date the appeal is perfected.(f)  If the commission fails to enter a final order before the expiration of the applicable period prescribed by Subsections (c)-(e), the rates proposed by the utility are considered to be approved by the commission and take effect on the expiration of that period.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 33.055 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 33 - Jurisdiction and Powers of Municipality|Subchapter C. Appeal of Municipal Order|Section 33.055. Applicability of Rates

Sec. 33.055.  APPLICABILITY OF RATES.  (a)  Temporary or permanent rates set by the commission are prospective and observed from the date of the applicable commission order, except an interim rate order necessary to effect uniform system-wide rates or to provide an electric utility the opportunity to avoid confiscation during the period beginning on the date a petition for review is filed with the commission and ending on the date of a final order establishing rates.(b)  The commission shall order interim rates on a prima facie showing by the electric utility that it has experienced confiscation during that period.  The electric utility shall refund or credit against future bills:(1)  money collected under the interim rates in excess of the rate finally ordered;  and(2)  interest on that money, at the current rate as determined by the commission.(c)  In this section, "confiscation" includes negative cash flow experienced by an electric utility at any time a rate case proceeding is pending.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 33.101 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 33 - Jurisdiction and Powers of Municipality|Subchapter D. Provisions Applicable to Appeal by Ratepayers Outside Municipality|Section 33.101. Appeal by Ratepayers Outside Municipality

Sec. 33.101.  APPEAL BY RATEPAYERS OUTSIDE MUNICIPALITY.  (a)  The ratepayers of a municipally owned utility who are outside the municipality may appeal to the commission an action of the governing body of the municipality affecting the municipally owned utility's rates by filing with the commission a petition for review signed by a number of ratepayers served by the utility outside the municipality equal to at least the lesser of 10,000 or five percent of those ratepayers.(b)  A petition for review is properly signed if signed by a person or the spouse of a person in whose name residential utility service is carried.(c)  For purposes of this section, each person who receives a separate bill is a ratepayer.  A person who receives more than one bill may not be counted as more than one ratepayer.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 33.102 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 33 - Jurisdiction and Powers of Municipality|Subchapter D. Provisions Applicable to Appeal by Ratepayers Outside Municipality|Section 33.102. Identification of Ratepayers Outside Municipality

Sec. 33.102.  IDENTIFICATION OF RATEPAYERS OUTSIDE MUNICIPALITY.  (a)  A municipality that owns a utility shall:(1)  disclose to any person, on request, the number of ratepayers who reside outside the municipality;  and(2)  provide to any person, on request, a list of the names and addresses of the ratepayers who reside outside the municipality.(b)  The municipality may not charge a fee for disclosing the information under Subsection (a)(1).  The municipality may charge a reasonable fee for providing information under Subsection (a)(2).(c)  The municipality shall provide information requested under Subsection (a)(1) by telephone or in writing, as preferred by the person making the request.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 33.103 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 33 - Jurisdiction and Powers of Municipality|Subchapter D. Provisions Applicable to Appeal by Ratepayers Outside Municipality|Section 33.103. Filing of Appeal

Sec. 33.103.  FILING OF APPEAL.  (a)  Not later than the 14th day after the date a governing body of a municipality makes a final decision, the municipality shall issue a written report stating the effect of the decision on each class of ratepayer.(b)  An appeal under this subchapter is initiated by filing a petition for review with the commission and serving a copy of the petition on each party to the original rate proceeding.(c)  The appeal must be initiated not later than the 45th day after the date the municipality issues the written report required by Subsection (a).|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 33.104 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 33 - Jurisdiction and Powers of Municipality|Subchapter D. Provisions Applicable to Appeal by Ratepayers Outside Municipality|Section 33.104. Rate Application

Sec. 33.104.  RATE APPLICATION.  Not later than the 90th day after the date a petition for review is filed that complies with Section 33.103, the municipality shall file with the commission a rate application that complies in all material respects with the rules and forms prescribed by the commission.  The commission may, for good cause shown, extend the period for filing a rate application.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 33.121 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 33 - Jurisdiction and Powers of Municipality|Subchapter E. Rate Determination and Appeal of Orders of Certain Municipal Utilities|Section 33.121. Application of Commission Review

Sec. 33.121.  APPLICATION OF COMMISSION REVIEW.  A municipally owned utility is subject to this subchapter if the utility is a utility:(1)  whose rates are appealed under Subchapter D; (2)  for which the commission orders a decrease in annual nonfuel base revenues that exceeds the greater of $25,000,000 or 10 percent of the utility's nonfuel base revenues, as computed on a total system basis without regard to the utility's municipal boundaries and established in the appealed rate ordinance;  and(3)  for which the commission finds that the rates paid by the combined residential or other major customer class, other than a class in which the municipality is the customer of the municipally owned utility, are removed from cost-of-service levels to the extent that, under the nonfuel base revenue requirement adopted by the commission as computed on a total system basis without regard to the municipality's boundaries, a change in nonfuel base rate revenues in excess of 50 percent from adjusted test year levels would be required to move that class to a relative rate of return of unity (1.00 or 100 percent) under the cost-of-service methodology adopted by the commission in an appeal under Subchapter D.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 35.001 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 35 - Energy Providers|Subchapter A. Competition and Transmission Access in the Wholesale Market|Section 35.001. Definition

Sec. 35.001.  DEFINITION.  In this subchapter, "electric utility" includes a municipally owned utility and an electric cooperative.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 405, Sec. 16, eff. Sept. 1, 1999.|
TX Util § 35.002 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 35 - Energy Providers|Subchapter A. Competition and Transmission Access in the Wholesale Market|Section 35.002. Right to Compete at Wholesale

Sec. 35.002.  RIGHT TO COMPETE AT WHOLESALE.  A provider of generation, including an electric utility affiliate, exempt wholesale generator, and qualifying facility, may compete for the business of selling power.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|