reglab/housing_qa huggingface dataset:
TX Util § 36.352 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter H. Rates for Governmental Entities|Section 36.352. Special Rate Class

Sec. 36.352.  SPECIAL RATE CLASS.  Notwithstanding any other provision of this title, if the commission, on or before September 1, 1995, approved the establishment of a separate rate class for electric service for a university and grouped public schools in a separate rate class, the commission shall include community colleges in the rate class with public school customers.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 36.353 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter H. Rates for Governmental Entities|Section 36.353. Payment in Lieu of Tax

Sec. 36.353.  PAYMENT IN LIEU OF TAX.  (a)  A payment made in lieu of a tax by a municipally owned utility to the municipality by which the utility is owned may not be considered an expense of operation in establishing the utility's rate for providing utility service to a school district or hospital district.(b)  A rate a municipally owned utility receives from a school district or hospital district may not be used to make or to cover the cost of making payments in lieu of taxes to the municipality that owns the utility.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.|
TX Util § 36.401 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter I. Securitization for Recovery of System|Section 36.401. Securitization for Recovery of System Restoration Costs; Purpose

Sec. 36.401.  SECURITIZATION FOR RECOVERY OF SYSTEM RESTORATION COSTS; PURPOSE.  (a)  The purpose of this subchapter is to enable an electric utility to obtain timely recovery of system restoration 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 these 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 system restoration costs, as determined by the commission in accordance with this subchapter, including the refinancing or retirement of utility debt or equity.(b)  It is the intent of the legislature that:(1)  securitization of system restoration costs will be accomplished using the same procedures, standards, and protections for securitization authorized under Subchapter G, Chapter 39, as in effect on the effective date of this section, except as provided by this subchapter; and(2)  the commission will ensure that securitization of system restoration costs provides greater tangible and quantifiable benefits to ratepayers than would have been achieved without the issuance of transition bonds.|Added by Acts 2009, 81st Leg., R.S., Ch. 1 (S.B. 769), Sec. 1, eff. April 16, 2009.|
TX Util § 36.404 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter I. Securitization for Recovery of System|Section 36.404. Nonbypassable Charges

Sec. 36.404.  NONBYPASSABLE CHARGES.  The commission shall include terms in the financing order to ensure that the imposition and collection of transition charges associated with the recovery of system restoration costs are nonbypassable by imposing restrictions on bypassability of the type provided for in Chapter 39 or by alternative means of ensuring nonbypassability, as the commission considers appropriate, consistent with the purposes of securitization.|Added by Acts 2009, 81st Leg., R.S., Ch. 1 (S.B. 769), Sec. 1, eff. April 16, 2009.|
TX Util § 36.406 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter I. Securitization for Recovery of System|Section 36.406. Severability

Sec. 36.406.  SEVERABILITY.  Effective on the date the first utility transition bonds associated with system restoration costs 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, Subchapter G, Chapter 39, as it applies to this subchapter, 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, and those provisions shall remain in full force and effect.|Added by Acts 2009, 81st Leg., R.S., Ch. 1 (S.B. 769), Sec. 1, eff. April 16, 2009.|
TX Util § 36.452 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter J. Lower-Cost Financing Mechanism for Securitization for Recovery of System Restoration Costs|Section 36.452. Definitions

Sec. 36.452.  DEFINITIONS.  (a) In this subchapter:(1)  "Corporation" means the Texas Electric Utility System Restoration Corporation.(2)  "Issuer" means the corporation or any other corporation, public trust, public instrumentality, or entity that issues system restoration bonds approved by a financing order.(b)  For the purposes of this subchapter, "qualified costs," as defined by Section 39.302 and as used in Subchapter G, Chapter 39, also includes all costs of establishing, maintaining, and operating the corporation and all costs of the corporation and an issuer in connection with the issuance and servicing of the system restoration bonds, all as approved in the financing order.(c)  Except as otherwise specifically provided by this subchapter, any defined terms provided by Subchapter I of this chapter and, if made applicable by Subchapter I of this chapter, Subchapter G, Chapter 39, have the same meaning in this subchapter.|Added by Acts 2021, 87th Leg., R.S., Ch. 198 (H.B. 1510), Sec. 2, eff. June 1, 2021.|
TX Util § 36.453 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter J. Lower-Cost Financing Mechanism for Securitization for Recovery of System Restoration Costs|Section 36.453. Creation of Corporation

Sec. 36.453.  CREATION OF CORPORATION.  (a) The corporation is a nonprofit corporation and instrumentality of the state, and shall perform the essential governmental function of financing system restoration costs in accordance with this subchapter. The corporation:(1)  shall perform only functions consistent with this subchapter;(2)  shall exercise its powers through a governing board; (3)  is subject to the regulation of the commission; and(4)  has a legal existence as a public corporate body and instrumentality of the state separate and distinct from the state.(b)  Assets of the corporation may not be considered part of any state fund. The state may not budget for or provide any state money to the corporation. The debts, claims, obligations, and liabilities of the corporation may not be considered to be a debt of the state or a pledge of its credit. (c)  The corporation must be self-funded. Before the imposition of transition charges or system restoration charges, the corporation may accept and expend for its operating expenses money that may be received from any source, including financing agreements with the state, a commercial bank, or another entity to:(1)  finance the corporation's obligations until the corporation receives sufficient transition property to cover its operating expenses as financing costs; and (2)  repay any short-term borrowing under any such financing agreements.(d)  The corporation has the powers, rights, and privileges provided for a corporation organized under Chapter 22, Business Organizations Code, subject to the express exceptions and limitations provided by this subchapter.(e)  An organizer selected by the executive director of the commission shall prepare the certificate of formation of the corporation under Chapters 3 and 22, Business Organizations Code. The certificate of formation must be consistent with the provisions of this subchapter.(f)  State officers and agencies are authorized to render services to the corporation, within their respective functions, as may be requested by the commission or the corporation.(g)  The corporation or an issuer may:(1)  retain professionals, financial advisors, and accountants the corporation or issuer considers necessary to fulfill the corporation's or issuer's duties under this subchapter; and (2)  determine the duties and compensation of a person retained under Subdivision (1), subject to the approval of the commission.(h)  The corporation is governed by a board of five directors appointed by the commission for two-year terms. (i)  An official action of the board requires the favorable vote of a majority of the directors present and voting at a meeting of the board.|Added by Acts 2021, 87th Leg., R.S., Ch. 198 (H.B. 1510), Sec. 2, eff. June 1, 2021.|
TX Util § 36.455 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter J. Lower-Cost Financing Mechanism for Securitization for Recovery of System Restoration Costs|Section 36.455. Commission Regulation of Corporation

Sec. 36.455.  COMMISSION REGULATION OF CORPORATION.  The commission shall regulate the corporation as provided by this subchapter and consistent with the manner in which it regulates public utilities. Notwithstanding the regulation authorized by this section, the corporation is not a public utility.|Added by Acts 2021, 87th Leg., R.S., Ch. 198 (H.B. 1510), Sec. 2, eff. June 1, 2021.|
TX Util § 36.457 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 36 - Rates|Subchapter J. Lower-Cost Financing Mechanism for Securitization for Recovery of System Restoration Costs|Section 36.457. Severability

Sec. 36.457.  SEVERABILITY.  Effective on the date the first system restoration bonds associated with system restoration costs 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, Subchapter I of this chapter, as that subchapter applies to this subchapter, Subchapter G, Chapter 39, as that subchapter applies to this subchapter, 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 system restoration bonds or to any actions of the electric utility, its successors, an assignee, a collection agent, the corporation, an issuer, or a financing party, and those provisions shall remain in full force and effect.|Added by Acts 2021, 87th Leg., R.S., Ch. 198 (H.B. 1510), Sec. 2, eff. June 1, 2021.|
TX Util § 37.001 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 37 - Certificates of Convenience and Necessity|Subchapter A. Definitions|Section 37.001. Definitions

Sec. 37.001.  DEFINITIONS.  In this chapter:(1)  "Certificate" means a certificate of convenience and necessity.(2)  "Electric utility" includes an electric cooperative.(3)  "Retail electric utility" means a person, political subdivision, electric cooperative, or agency that operates, maintains, or controls in this state a facility to provide retail electric utility service.  The term does not include a corporation described by Section 32.053 to the extent that the corporation sells electricity exclusively at wholesale and not to the ultimate consumer.  A qualifying cogenerator that sells electric energy at retail to the sole purchaser of the cogenerator's thermal output under Sections 35.061 and 36.007 is not for that reason considered to be a retail electric utility.  The owner or operator of a qualifying cogeneration facility who was issued the necessary environmental permits from the Texas Natural Resource Conservation Commission after January 1, 1998, and who commenced construction of such qualifying facility before July 1, 1998, may provide electricity to the purchasers of the thermal output of that qualifying facility and shall not for that reason be considered an electric utility or a retail electric utility, provided that the purchasers of the thermal output are owners of manufacturing or process operation facilities that are located on a site entirely owned before September, 1987, by one owner who retained ownership after September, 1987, of some portion of the facilities and that those facilities now share some integrated operations, such as the provision of services and raw materials.  A person who is an electric generation equipment lessor or operator is not for that reason considered to be a retail electric utility. A person who owns or operates equipment used solely to provide electricity charging service for consumption by an alternatively fueled vehicle, as defined by Section 502.004, Transportation Code, is not for that reason considered to be a retail electric utility.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 405, Sec. 29, eff. Sept. 1, 1999.Amended by: Acts 2021, 87th Leg., R.S., Ch. 255 (H.B. 1572), Sec. 2, eff. September 1, 2021.Acts 2021, 87th Leg., R.S., Ch. 389 (S.B. 1202), Sec. 3, eff. September 1, 2021.|
TX Util § 37.002 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 37 - Certificates of Convenience and Necessity|Subchapter A. Definitions|Section 37.002. Charging Service

Sec. 37.002.  CHARGING SERVICE.  The commission may by rule exempt from the definition of "retail electric utility" under Section 37.001 a provider who owns or operates equipment used solely to provide electricity charging service for a mode of transportation.|Added by Acts 2021, 87th Leg., R.S., Ch. 389 (S.B. 1202), Sec. 4, eff. September 1, 2021.|
TX Util § 37.052 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 37 - Certificates of Convenience and Necessity|Subchapter B. Certificate of Convenience and Necessity|Section 37.052. Exceptions to Certificate Requirement for Service Extension

Sec. 37.052.  EXCEPTIONS TO CERTIFICATE REQUIREMENT FOR SERVICE EXTENSION.  (a)  An electric utility is not required to obtain a certificate for an:(1)  extension into territory that is:(A)  contiguous to the territory the electric utility serves;(B)  not receiving similar service from another electric utility;  and(C)  not in another electric utility's certificated area;(2)  extension in or to territory the utility serves or is authorized to serve under a certificate;  or(3)  operation, extension, or service in progress on September 1, 1975.(b)  An extension allowed under Subsection (a) is limited to a device used:(1)  to interconnect existing facilities;  or(2)  solely to transmit electric utility services from an existing facility to a customer of retail electric utility service.(c)  An electric utility is not required to amend the utility's certificate of public convenience and necessity to construct a transmission line that connects the utility's existing transmission facilities to a substation or metering point if:(1)  the transmission line does not exceed:(A)  three miles in length, if the line connects to a load-serving substation or metering point; or(B)  two miles in length, if the line connects to a generation substation or metering point;(2)  each landowner whose property would be directly affected by the transmission line, as provided by commission rules, provides written consent for the transmission line; and(3)  all rights-of-way necessary for construction of the transmission line have been purchased.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2021, 87th Leg., R.S., Ch. 876 (S.B. 1281), Sec. 1, eff. September 1, 2021.|
TX Util § 37.0521 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 37 - Certificates of Convenience and Necessity|Subchapter B. Certificate of Convenience and Necessity|Section 37.0521. Exception for Retail Sales by Certain Qualifying Cogenerators

Sec. 37.0521.  EXCEPTION FOR RETAIL SALES BY CERTAIN QUALIFYING COGENERATORS.  (a)  Notwithstanding Section 37.001(3), a qualifying cogenerator may sell electric energy at retail to more than one purchaser of the cogenerator's thermal output.(b)  Selling electric energy at retail to more than one purchaser does not, as a result of that sale, subject a qualifying cogenerator to regulation as:(1)  a retail electric provider or power generation company; or(2)  a retail electric utility under Chapter 37.(c)  This section does not apply to sales in an area:(1)  in which customer choice has not been adopted and where a municipally owned utility or an electric cooperative is certificated to provide retail electric utility service; or(2)  that is served by an electric utility that operates solely outside of ERCOT.|Added by Acts 2013, 83rd Leg., R.S., Ch. 979 (H.B. 2049), Sec. 2, eff. September 1, 2013.|
TX Util § 37.053 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 37 - Certificates of Convenience and Necessity|Subchapter B. Certificate of Convenience and Necessity|Section 37.053. Application for Certificate

Sec. 37.053.  APPLICATION FOR CERTIFICATE.  (a)  An electric utility that wants to obtain or amend a certificate must submit an application to the commission.(b)  The applicant shall file with the commission evidence the commission requires to show the applicant has received the consent, franchise, or permit required by the proper municipal or other public authority.(c)  The commission may not require the applicant to designate a preferred route for a proposed transmission line facility.(d)  For transmission facilities ordered or approved by the commission under Chapter 37 or 39, the rights extended to an electric corporation under Section 181.004 include all public land, except land owned by the state, on which the commission has approved the construction of the line.  This subsection does not limit a municipality's rights or an electric utility's obligations under Chapter 33.  Nothing in this subsection shall be interpreted to prevent a public entity from expressing a route preference in a proceeding under this chapter.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1170 (H.B. 3309), Sec. 3, eff. June 19, 2009.Acts 2011, 82nd Leg., R.S., Ch. 949 (H.B. 971), Sec. 1, eff. June 17, 2011.Acts 2019, 86th Leg., R.S., Ch. 44 (S.B. 1938), Sec. 2, eff. May 16, 2019.|
TX Util § 37.054 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 37 - Certificates of Convenience and Necessity|Subchapter B. Certificate of Convenience and Necessity|Section 37.054. Notice and Hearing on Application

Sec. 37.054.  NOTICE AND HEARING ON APPLICATION.  (a)  When an application for a certificate is filed, the commission shall:(1)  give notice of the application to interested parties and to the office; and(2)  if requested:(A)  set a time and place for a hearing; and(B)  give notice of the hearing.(b)  A person or electric cooperative interested in the application may intervene at the hearing.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 405, Sec. 31, eff. Sept. 1, 1999.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 416 (S.B. 855), Sec. 2, eff. June 17, 2011.|
TX Util § 37.0541 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 37 - Certificates of Convenience and Necessity|Subchapter B. Certificate of Convenience and Necessity|Section 37.0541. Consolidation of Certain Proceedings

Sec. 37.0541.  CONSOLIDATION OF CERTAIN PROCEEDINGS.  The commission shall consolidate the proceeding on an application to obtain or amend a certificate of convenience and necessity for the construction of a transmission line with the proceeding on another application to obtain or amend a certificate of convenience and necessity for the construction of a transmission line if it is apparent from the applications or a motion to intervene in either proceeding that the transmission lines that are the subject of the separate proceedings share a common point of interconnection.  This section does not apply to a proceeding on an application for a certificate of convenience and necessity for a transmission line to serve a competitive renewable energy zone as part of a plan developed by the commission under Section 39.904(g)(2).|Added by Acts 2009, 81st Leg., R.S., Ch. 1170 (H.B. 3309), Sec. 1, eff. June 19, 2009.|
TX Util § 37.055 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 37 - Certificates of Convenience and Necessity|Subchapter B. Certificate of Convenience and Necessity|Section 37.055. Request for Preliminary Order

Sec. 37.055.  REQUEST FOR PRELIMINARY ORDER.  (a)  An electric utility that wants to exercise a right or privilege under a franchise or permit that the utility anticipates obtaining but has not been granted may apply to the commission for a preliminary order under this section.(b)  The commission may issue a preliminary order declaring that the commission, on application and under commission rules, will grant the requested certificate on terms the commission designates, after the electric utility obtains the franchise or permit.(c)  The commission shall grant the certificate on presentation of evidence satisfactory to the commission that the electric utility has obtained the franchise or permit.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1170 (H.B. 3309), Sec. 4, eff. June 19, 2009.Acts 2019, 86th Leg., R.S., Ch. 44 (S.B. 1938), Sec. 3, eff. May 16, 2019.|
TX Util § 37.057 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 37 - Certificates of Convenience and Necessity|Subchapter B. Certificate of Convenience and Necessity|Section 37.057. Deadline for Application for New Transmission Facility

Sec. 37.057.  DEADLINE FOR APPLICATION FOR NEW TRANSMISSION FACILITY.  The commission must approve or deny an application for a certificate for a new transmission facility not later than the first anniversary of the date the application is filed.  If the commission does not approve or deny the application on or before that date, a party may seek a writ of mandamus in a district court of Travis County to compel the commission to decide on the application.|Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2009, 81st Leg., R.S., Ch. 1170 (H.B. 3309), Sec. 4, eff. June 19, 2009.Acts 2019, 86th Leg., R.S., Ch. 44 (S.B. 1938), Sec. 5, eff. May 16, 2019.|