reglab/housing_qa huggingface dataset:
TX Util § 39.463 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter J. Transition to Competition in Certain|Section 39.463. Severability

Sec. 39.463.  SEVERABILITY.  Effective on the date the first utility transition bonds associated with hurricane reconstruction 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under this subchapter, if any provision in this title or portion of this title is held to be invalid or is invalidated, superseded, replaced, repealed, or expires for any reason, that occurrence does not affect the validity or continuation of this subchapter, Subchapter G as it applies to an electric utility subject 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 2006, 79th Leg., 3rd C.S., Ch. 11 (H.B. 163), Sec. 2, eff. May 31, 2006.|
TX Util § 39.501 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter K. Transition to Competition for Certain|Section 39.501. Applicability

Sec. 39.501.  APPLICABILITY.  (a)  This subchapter applies to an investor-owned electric utility:(1)  that is operating solely outside of ERCOT in areas of this state that were included in the Southwest Power Pool on January 1, 2008;(2)  that was not affiliated with the Southeastern Electric Reliability Council on January 1, 2008; and(3)  to which Subchapter I does not apply.(b)  The legislature finds that an electric utility subject to this subchapter is unable at this time to offer fair competition and reliable service to all retail customer classes in the area served by the utility.  As a result, the introduction of retail competition for such an electric utility is delayed until fair competition and reliable service are available to all retail customer classes as determined under this subchapter.|Added by Acts 2009, 81st Leg., R.S., Ch. 128 (S.B. 547), Sec. 1, eff. September 1, 2009.|
TX Util § 39.502 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter K. Transition to Competition for Certain|Section 39.502. Cost-of-Service Regulation

Sec. 39.502.  COST-OF-SERVICE REGULATION.  (a)  Until the date on which an electric utility subject to this subchapter is authorized by the commission under Section 39.503(f) to implement retail customer choice, the rates of the utility are subject to regulation under Chapter 36.(b)  Until the date on which an electric utility subject to this subchapter implements customer choice, the provisions of this chapter, other than this subchapter and Sections 39.1516, 39.904, and 39.905, do not apply to that utility.|Added by Acts 2009, 81st Leg., R.S., Ch. 128 (S.B. 547), Sec. 1, eff. September 1, 2009.Amended by: Acts 2019, 86th Leg., R.S., Ch. 610 (S.B. 936), Sec. 6, eff. September 1, 2019.|
TX Util § 39.5021 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter K. Transition to Competition for Certain|Section 39.5021. Metering

Sec. 39.5021. METERING.  (a)  Notwithstanding Section 39.502, an electric utility subject to this subchapter that elects to deploy advanced metering and meter information networks may recover reasonable and necessary costs incurred in deploying advanced metering and meter information networks.  An electric utility that elects to deploy advanced metering or meter information networks is subject to commission rules adopted under Sections 39.107(h) and (k).  The commission shall ensure that any deployment plan approved under this section and any related customer surcharge:(1)  are not applicable to customer accounts that receive service at transmission voltage; and(2)  are consistent with commission rules related to advanced metering systems regarding:(A)  customer protections;(B)  data security, privacy, and  ownership; and (C)  options given consumers to continue to receive service through a non-advanced meter.(b)  An electric utility subject to this subchapter that elects to deploy an advanced meter information network shall deploy the network as rapidly as practicable to allow customers to better manage energy use and control costs.|Added by Acts 2019, 86th Leg., R.S., Ch. 33 (H.B. 1595), Sec. 1, eff. May 14, 2019.|
TX Util § 39.504 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter K. Transition to Competition for Certain|Section 39.504. Hiring Assistance for Federal Proceedings

Sec. 39.504.  HIRING ASSISTANCE FOR FEDERAL PROCEEDINGS.  (a)  The commission may retain any consultant, accountant, auditor, engineer, or attorney the commission considers necessary to represent the commission in a proceeding before the Federal Energy Regulatory Commission, or before a court reviewing proceedings of that federal commission, related to:(1)  the relationship of an electric utility subject to this subchapter to a power region, regional transmission organization, or independent system operator;(2)  the approval of an agreement among the electric utility and the electric utility's affiliates concerning the coordination of the operations of the electric utility and the electric utility's affiliates; or(3)  other matters related to the electric utility subject to this subchapter that may affect the ultimate rates paid by retail customers in this state.(b)  Assistance for which a consultant, accountant, auditor, engineer, or attorney may be retained under Subsection (a) may include:(1)  conducting a study;(2)  conducting an investigation;(3)  presenting evidence;(4)  advising the commission; or(5)  representing the commission.(c)  The electric utility shall pay timely the reasonable costs of the services of a person retained under Subsection (a), as determined by the commission.  The total costs an electric utility is required to pay under this subsection may not exceed $1.5 million in a 12-month period.(d)  The commission shall allow the electric utility to recover both the total costs the electric utility paid under Subsection (c) and the carrying charges for those costs through a rider established annually to recover the costs paid and carrying charges incurred during the preceding calendar year.  The rider may not be implemented before the rider is reviewed and approved by the commission.(e)  The commission shall consult the attorney general before the commission retains a consultant, accountant, auditor, or engineer under Subsection (a).  The retention of an attorney under Subsection (a) is subject to the approval of the attorney general under Section 402.0212, Government Code.(f)  The commission shall be precluded from engaging any individual who is required to register under Section 305.003, Government Code.(g)  This section expires September 1, 2023.|Added by Acts 2015, 84th Leg., R.S., Ch. 849 (S.B. 932), Sec. 3, eff. September 1, 2015.|
TX Util § 39.551 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter L. Transition to Competition and Other Provisions for Certain Areas Outside of Ercot|Section 39.551. Applicability

Sec. 39.551.  APPLICABILITY.  (a)  This subchapter applies only to an investor-owned electric utility:(1)  that is operating solely outside of ERCOT in areas of this state that were included in the Western Electricity Coordinating Council on January 1, 2011;(2)  that was not affiliated with ERCOT on January 1, 2011; and(3)  to which Subchapters I, J, and K do not apply.(b)  The legislature finds that an electric utility subject to this subchapter is unable at this time to offer fair competition and reliable service to all retail customer classes in the area served by the utility.  As a result, the introduction of retail competition for such an electric utility is delayed until fair competition and reliable service are available to all retail customer classes as determined under this subchapter.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1113 (S.B. 1910), Sec. 1, eff. June 17, 2011.|
TX Util § 39.552 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter L. Transition to Competition and Other Provisions for Certain Areas Outside of Ercot|Section 39.552. Cost-of-Service Regulation

Sec. 39.552.  COST-OF-SERVICE REGULATION.  (a)  Until the date on which an electric utility subject to this subchapter is authorized by the commission under Section 39.553(f) to implement retail customer choice, the rates of the utility are subject to regulation under Chapter 36.(b)  Until the date on which an electric utility subject to this subchapter implements customer choice, the provisions of this chapter, other than this subchapter and Sections 39.1516, 39.904, and 39.905, do not apply to that utility.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1113 (S.B. 1910), Sec. 1, eff. June 17, 2011.Amended by: Acts 2019, 86th Leg., R.S., Ch. 610 (S.B. 936), Sec. 7, eff. September 1, 2019.|
TX Util § 39.5521 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter L. Transition to Competition and Other Provisions for Certain Areas Outside of Ercot|Section 39.5521. Metering

Sec. 39.5521. METERING.  (a)  Notwithstanding Section 39.552, an electric utility subject to this subchapter that elects to deploy advanced metering and meter information networks may recover reasonable and necessary costs incurred in deploying advanced metering and meter information networks. An electric utility that elects to deploy advanced metering or meter information networks is subject to commission rules adopted under Sections 39.107(h) and (k).  The commission shall ensure that any deployment plan approved under this section and any related customer surcharge:(1)  are not applicable to customer accounts that receive service at transmission voltage; and(2)  are consistent with commission rules related to advanced metering systems regarding:(A)  customer protections;(B)  data security, privacy, and  ownership; and (C)  options given consumers to continue to receive service through a non-advanced meter.(b)  An electric utility subject to this subchapter that elects to deploy an advanced meter information network shall deploy the network as rapidly as practicable to allow customers to better manage energy use and control costs.|Added by Acts 2019, 86th Leg., R.S., Ch. 168 (H.B. 853), Sec. 1, eff. May 24, 2019.|
TX Util § 39.555 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter L. Transition to Competition and Other Provisions for Certain Areas Outside of Ercot|Section 39.555. Marketing of Energy Efficiency and Renewable Energy Programs

Sec. 39.555.  MARKETING OF ENERGY EFFICIENCY AND RENEWABLE ENERGY PROGRAMS.  An electric utility subject to this subchapter may market an energy efficiency or renewable energy program directly to a retail electric customer in its service territory and provide rebate or incentive funds directly to a customer to promote or facilitate the success of programs implemented under Section 39.905.|Added by Acts 2011, 82nd Leg., R.S., Ch. 1113 (S.B. 1910), Sec. 1, eff. June 17, 2011.|
TX Util § 39.601 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter M. Winter Storm Uri Default Balance Financing|Section 39.601. Purpose

Sec. 39.601.  PURPOSE.  (a) The purpose of this subchapter is to address the Winter Storm Uri default balance, as defined by Section 39.602, in a manner that benefits the public interest by:(1)  enabling the independent organization to finance the payment of the default balance with debt obligations; and(2)  authorizing the commission to contract with the comptroller under Section 404.0241, Government Code, to finance the payment of the default balance with debt obligations.(b)  Financing the default balance in the manner provided by this subchapter will:(1)  allow wholesale market participants that are owed money to be paid in a more timely manner;(2)  replenish financial revenue auction receipts temporarily used by the independent organization to reduce the Winter Storm Uri-related amounts short-paid to the wholesale market participants; and(3)  allow the wholesale market to repay the default balance over time.(c)  The legislature finds that the financing authorized by this subchapter serves the public purpose of preserving the integrity of the electricity market in the ERCOT power region.(d)  The proceeds of debt obligations issued under this subchapter must be used solely for the purpose of financing default balances that otherwise would be or have been uplifted to the wholesale market.(e)  The commission shall ensure that the structuring and pricing of debt obligations issued under this subchapter result in the lowest financing costs consistent with market conditions and the terms of the commission's order.  The present value calculation must use a discount rate equal to the proposed interest rate on the debt obligations.|Added by Acts 2021, 87th Leg., R.S., Ch. 908 (H.B. 4492), Sec. 5, eff. June 16, 2021.|
TX Util § 39.602 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter M. Winter Storm Uri Default Balance Financing|Section 39.602. Definitions

Sec. 39.602.  DEFINITIONS.  In this subchapter:(1)  "Default balance" means an amount of money of not more than $800 million that includes only:(A)  amounts owed to the independent organization by competitive wholesale market participants from the period of emergency that otherwise would be or have been uplifted to other wholesale market participants;(B)  financial revenue auction receipts used by the independent organization to temporarily reduce amounts short-paid to wholesale market participants related to the period of emergency; and(C)  reasonable costs incurred by a state agency or the independent organization to implement a debt obligation order under Sections 39.603 and 39.604, including the cost of retiring or refunding existing debt.(2)  "Default charges" means charges assessed to wholesale market participants to repay amounts financed under this subchapter to pay the default balance.(3)  "Independent organization" means the independent organization certified under Section 39.151 for the ERCOT power region.(4)  "Period of emergency" means the period beginning 12:01 a.m., February 12, 2021, and ending 11:59 p.m., February 20, 2021.|Added by Acts 2021, 87th Leg., R.S., Ch. 908 (H.B. 4492), Sec. 5, eff. June 16, 2021.|
TX Util § 39.605 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter M. Winter Storm Uri Default Balance Financing|Section 39.605. Default Charges Nonbypassable

Sec. 39.605.  DEFAULT CHARGES NONBYPASSABLE.  An order issued under Section 39.603 or 39.604 must:(1)  include terms ensuring that the imposition and collection of default charges authorized in the order shall be nonbypassable by wholesale market participants; and(2)  authorize the independent organization to establish appropriate fees and other methods for pursuing amounts owed from entities exiting the wholesale market.|Added by Acts 2021, 87th Leg., R.S., Ch. 908 (H.B. 4492), Sec. 5, eff. June 16, 2021.|
TX Util § 39.606 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter M. Winter Storm Uri Default Balance Financing|Section 39.606. True-Up Mechanism

Sec. 39.606.  TRUE-UP MECHANISM.  An order issued under Section 39.603 or 39.604 must include a mechanism requiring that default charges be reviewed and adjusted at least annually, not later than the 45th day after the anniversary date of the issuance of the order, to:(1)  correct over-collections or under-collections over the preceding 12 months; and(2)  ensure the expected recovery of amounts sufficient to timely provide all payments of debt service.|Added by Acts 2021, 87th Leg., R.S., Ch. 908 (H.B. 4492), Sec. 5, eff. June 16, 2021.|
TX Util § 39.607 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter M. Winter Storm Uri Default Balance Financing|Section 39.607. Tax Exemption

Sec. 39.607.  TAX EXEMPTION.  The transfer and receipt of default charges are exempt from state and local sales and use, franchise, and gross receipts taxes.|Added by Acts 2021, 87th Leg., R.S., Ch. 908 (H.B. 4492), Sec. 5, eff. June 16, 2021.|
TX Util § 39.608 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter M. Winter Storm Uri Default Balance Financing|Section 39.608. Property Rights

Sec. 39.608.  PROPERTY RIGHTS.  (a)  The rights and interests of the independent organization or its successor under a debt obligation order issued under this subchapter, including the right to impose, collect, and receive default charges, shall be only contract rights until they are first transferred to an assignee or pledged in connection with an investment agreement entered into under Section 404.0241, Government Code, or the issuance of debt obligations, at which time they will become default property, as described by Subsection (b).(b)  Default 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 default charges depends on further acts of the independent organization or others that have not yet occurred.  A debt obligation order issued under this subchapter shall remain in effect and the property shall continue to exist for the same period as the pledge of the state described by Section 39.609.(c)  All revenues and collections resulting from default charges shall constitute proceeds only of the default property arising from the debt obligation order.|Added by Acts 2021, 87th Leg., R.S., Ch. 908 (H.B. 4492), Sec. 5, eff. June 16, 2021.|
TX Util § 39.609 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter M. Winter Storm Uri Default Balance Financing|Section 39.609. Pledge of State

Sec. 39.609.  PLEDGE OF STATE.  Debt obligations issued pursuant to this subchapter, including any 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 independent organization that it will not take or permit any action that would impair the value of default property, or reduce, alter, or impair the default 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 debt obligations have been paid and performed in full.  Any party issuing a debt obligation under this subchapter is authorized to include this pledge in any documentation relating to the obligation.|Added by Acts 2021, 87th Leg., R.S., Ch. 908 (H.B. 4492), Sec. 5, eff. June 16, 2021.|
TX Util § 39.651 (2021)
2021 Texas Statutes|Utilities Code|Title 2 - Public Utility Regulatory Act|Subtitle B - Electric Utilities|Chapter 39 - Restructuring of Electric Utility Industry|Subchapter N. Winter Storm Uri Uplift Financing|Section 39.651. Purpose; Use of Proceeds

Sec. 39.651.  PURPOSE; USE OF PROCEEDS.  (a) The purpose of this subchapter is to address the Winter Storm Uri uplift balance by:(1)  enabling the independent organization certified under Section 39.151 for the ERCOT power region to finance the uplift balance on behalf of wholesale market participants through debt obligations; and(2)  authorizing the commission to contract with another state agency to finance the payment of the uplift balance with debt obligations or use any another financial mechanism consistent with this subchapter for that purpose.(b)  Financing the uplift balance in the manner provided by this subchapter will allow wholesale market participants who were assessed extraordinary uplift charges due to consumption during the period of emergency to pay those charges over a longer period of time, alleviating liquidity issues and reducing the risk of additional defaults in the wholesale market.(c)  The legislature finds that authorizing financing under this subchapter serves the public purpose of allowing the commission to stabilize the wholesale electricity market in the ERCOT power region.(d)  The proceeds of debt obligations issued under this subchapter must be used solely for the purpose of financing reliability deployment price adder charges and ancillary service costs that exceeded the commission's system-wide offer cap and were uplifted to load-serving entities based on consumption during the period of emergency.  A load-serving entity that receives proceeds from the debt obligations may use the proceeds solely for the purposes of fulfilling payment obligations directly related to such costs and refunding such costs to retail customers who have paid or otherwise would be obligated to pay such costs.(e)  The commission shall ensure that the structuring and pricing of the debt obligations results in the lowest uplift charges consistent with market conditions and the terms of the order issued under this subchapter.  The present value calculation must use a discount rate equal to the proposed interest rate on the debt obligations.|Added by Acts 2021, 87th Leg., R.S., Ch. 908 (H.B. 4492), Sec. 5, eff. June 16, 2021.|