reglab/statecodes huggingface dataset:
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 16 - Commission Financing › Subchapter C. Money Disposition, Accounting, and Budget › Section 16.043. Audit

Sec. 16.043.  AUDIT.  The financial transactions of the commission are subject to audit by the state auditor under Chapter 321, Government Code.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 16 - Commission Financing › Subchapter C. Money Disposition, Accounting, and Budget › Section 16.044. Approval of Budget

Sec. 16.044.  APPROVAL OF BUDGET.  The commission budget is subject to legislative approval as part of the General Appropriations Act.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 17 - Customer Protection › Subchapter A. General Provisions › Section 17.001. Customer Protection Policy

Sec. 17.001.  CUSTOMER PROTECTION POLICY.  (a)  The legislature finds that new developments in telecommunications services and the production and delivery of electricity, as well as changes in market structure, marketing techniques, and technology, make it essential that customers have safeguards against fraudulent, unfair, misleading, deceptive, or anticompetitive business practices and against businesses that do not have the technical and financial resources to provide adequate service.
(b)  The purpose of this chapter is to establish retail customer protection standards and confer on the commission authority to adopt and enforce rules to protect retail customers from fraudulent, unfair, misleading, deceptive, or anticompetitive practices.
(c)  Nothing in this section shall be construed to abridge customer rights set forth in commission rules in effect at the time of the enactment of this chapter.
(d)  This chapter does not limit the constitutional, statutory, and common law authority of the office of the attorney general.
(e)  Nothing in this chapter authorizes a customer to receive retail electric service from a person other than a certificated retail electric utility.
Added by Acts 1999, 76th Leg., ch. 1579, Sec. 3, eff. Aug. 30, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 17 - Customer Protection › Subchapter A. General Provisions › Section 17.002. Definitions

Sec. 17.002.  DEFINITIONS.  In this chapter:
(1)  "Billing agent" means any entity that submits charges to the billing utility on behalf of itself or any provider of a product or service.
(2)  "Billing utility" means any telecommunications provider, as defined by Section 51.002, retail electric provider, or electric utility that issues a bill directly to a customer for any telecommunications or electric product or service.
(3)  "Certificated telecommunications utility" means a telecommunications utility that has been granted either a certificate of convenience and necessity, a certificate of operating authority, or a service provider certificate of operating authority.
(3-a)  "Critical care residential customer" means a residential customer who has a person permanently residing in the customer's home who has been diagnosed by a physician as being dependent upon an electric-powered medical device to sustain life.
(3-b)  "Critical load industrial customer" means an industrial customer for whom an interruption or suspension of electric service will create a dangerous or life-threatening condition on the customer's premises.
(4)  "Customer" means any person in whose name telephone or retail electric service is billed, including individuals, governmental units at all levels of government, corporate entities, and any other entity with legal capacity to be billed for telephone or retail electric service.
(5)  "Electric utility" has the meaning assigned by Section 31.002.
(6)  "Retail electric provider" means a person that sells electric energy to retail customers in this state after the legislature authorizes a customer to receive retail electric service from a person other than a certificated retail electric utility.
(7)  "Service provider" means any entity that offers a product or service to a customer and that directly or indirectly charges to or collects from a customer's bill an amount for the product or service on a customer's bill received from a billing utility.
(8)  "Telecommunications utility" has the meaning assigned by Section 51.002.
Added by Acts 1999, 76th Leg., ch. 1579, Sec. 3, eff. Aug. 30, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 8, eff. June 8, 2021.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 17 - Customer Protection › Subchapter A. General Provisions › Section 17.003. Customer Awareness

Sec. 17.003.  CUSTOMER AWARENESS.  (a)  The commission shall promote public awareness of changes in the electric and telecommunications markets, provide customers with information necessary to make informed choices about available options, and ensure that customers have an adequate understanding of their rights.
(b)  The commission shall compile a report on customer service at least once each year showing the comparative customer information from reports given to the commission it deems necessary.
(c)  The commission shall adopt and enforce rules to require a certificated telecommunications utility, a retail electric provider, or an electric utility to give clear, uniform, and understandable information to customers about rates, terms, services, customer rights, and other necessary information as determined by the commission.  The rules must include a list of defined terms common to the telecommunications and electricity industries and require that applicable terms be labeled uniformly on each retail bill sent to a customer by a certificated telecommunications utility, retail electric provider, or electric utility to facilitate consumer understanding of relevant billing elements.
(d)  Customer awareness efforts by the commission shall be conducted in English and Spanish and any other language as necessary.
(d-1)  An electric utility providing electric delivery service for a retail electric provider, as defined by Section 31.002, shall provide to the retail electric provider, and the retail electric provider shall periodically provide to the retail electric provider's retail customers together with bills sent to the customers, information about:
(1)  the electric utility's procedures for implementing involuntary load shedding initiated by the independent organization certified under Section 39.151 for the ERCOT power region;
(2)  the types of customers who may be considered critical care residential customers, critical load industrial customers, or critical load according to commission rules adopted under Section 38.076;
(3)  the procedure for a customer to apply to be considered a critical care residential customer, a critical load industrial customer, or critical load according to commission rules adopted under Section 38.076; and
(4)  reducing electricity use at times when involuntary load shedding events may be implemented.
Added by Acts 1999, 76th Leg., ch. 1579, Sec. 3, eff. Aug. 30, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 648 (H.B. 1822), Sec. 1, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 9, eff. June 8, 2021.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 17 - Customer Protection › Subchapter A. General Provisions › Section 17.005. Protections for Customers of Municipally Owned Utilities

Sec. 17.005.  PROTECTIONS FOR CUSTOMERS OF MUNICIPALLY OWNED UTILITIES.  (a)  A municipally owned utility may not be deemed to be a "service provider" or "billing agent" for purposes of Sections 17.156(b) and (e).
(b)  The governing body of a municipally owned utility shall adopt, implement, and enforce rules that shall have the effect of accomplishing the objectives set out in Sections 17.004(a) and (b) and 17.102, as to the municipally owned utility within its certificated service area.
(c)  The governing body of a municipally owned utility or its designee shall perform the dispute resolution function provided for by Section 17.157 for disputes arising from services provided by the municipally owned utility to electric customers served within the municipally owned utility's certificated service area.
(d)  With respect to electric customers served by a municipally owned utility outside its certificated service area or otherwise served through others' distribution facilities, after retail competition begins as authorized by the legislature, the provisions of this chapter as administered by the commission apply.
(e)  Nothing in this chapter shall be deemed to apply to a wholesale customer of a municipally owned utility.
(f)  A municipally owned utility shall periodically provide with bills sent to retail customers of the utility information about:
(1)  the utility's procedure for implementing involuntary load shedding;
(2)  the types of customers who may be considered critical care residential customers, critical load industrial customers, or critical load according to commission rules adopted under Section 38.076;
(3)  the procedure for a customer to apply to be considered a critical care residential customer, a critical load industrial customer, or critical load according to commission rules adopted under Section 38.076; and
(4)  reducing electricity use at times when involuntary load shedding events may be implemented.
Added by Acts 1999, 76th Leg., ch. 1579, Sec. 3, eff. Aug. 30, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 10, eff. June 8, 2021.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 17 - Customer Protection › Subchapter A. General Provisions › Section 17.006. Protections for Customers of Electric Cooperatives

Sec. 17.006.  PROTECTIONS FOR CUSTOMERS OF ELECTRIC COOPERATIVES.  (a)  An electric cooperative shall not be deemed to be a "service provider" or "billing agent" for purposes of Sections 17.156(b) and (e).
(b)  The electric cooperative shall adopt, implement, and enforce rules that shall have the effect of accomplishing the objectives set out in Sections 17.004(a) and (b) and 17.102.
(c)  The board of directors of the electric cooperative or its designee shall perform the dispute resolution function provided for by Section 17.157 for electric customers served by the electric cooperative within its certificated service area.
(d)  With respect to electric customers served by an electric cooperative outside its certificated service area or otherwise served through others' distribution facilities, after the legislature authorizes retail competition, the provisions of this chapter as administered by the commission shall apply.
(e)  Nothing in this chapter shall be deemed to apply to a wholesale customer of an electric cooperative.
(f)  An electric cooperative shall periodically provide with bills sent to retail customers of the cooperative information about:
(1)  the cooperative's procedure for implementing involuntary load shedding;
(2)  the types of customers who may be considered critical care residential customers, critical load industrial customers, or critical load according to commission rules adopted under Section 38.076;
(3)  the procedure for a customer to apply to be considered a critical care residential customer, a critical load industrial customer, or critical load according to commission rules adopted under Section 38.076; and
(4)  reducing electricity use at times when involuntary load shedding events may be implemented.
Added by Acts 1999, 76th Leg., ch. 1579, Sec. 3, eff. Aug. 30, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 11, eff. June 8, 2021.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 17 - Customer Protection › Subchapter A. General Provisions › Section 17.007. Identification Process for Customer Service Benefits

Sec. 17.007.  IDENTIFICATION PROCESS FOR CUSTOMER SERVICE BENEFITS.  (a)  The Health and Human Services Commission, on request of the commission, shall assist in developing an automatic process for identifying low-income customers to retail electric providers and certificated telecommunications utilities to enable those providers and utilities to offer customer service, discounts, bill payment assistance, or other methods of assistance.
(b)  The commission and the Health and Human Services Commission shall continue the memorandum of understanding entered into by those agencies in effect on January 1, 2017, that establishes the respective duties of those agencies in relation to the automatic process, and may amend the memorandum of understanding as necessary to achieve the goals of this section.
(c)  The commission may not require a retail electric provider or a certificated telecommunications utility to offer customer service, discounts, bill payment assistance, targeted bill messaging, or other benefits for which the provider or utility is not reimbursed.
(d)  The commission may not submit a request to the Health and Human Services Commission to provide for a process to identify low-income electric customers for a fiscal year unless:
(1)  the commission receives a request from one or more retail electric providers not later than July 31 of the previous fiscal year for a list of low-income electric customers to be developed; and
(2)  each retail electric provider that submits a request to the commission under Subdivision (1) agrees to reimburse the commission for the cost of development of the list on terms agreed to by the commission and the provider.
Added by Acts 2001, 77th Leg., ch. 1451, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 48 (S.B. 1976), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 17 - Customer Protection › Subchapter A. General Provisions › Section 17.009. Protection of Residential Telephone Service Applicants and Customers

Sec. 17.009.  PROTECTION OF RESIDENTIAL TELEPHONE SERVICE APPLICANTS AND CUSTOMERS.  (a)  A provider of basic local telecommunications services and nonbasic network services may not deny an applicant's request to become a residential customer on the basis of the applicant's credit history or credit score.
(b)  A provider of basic local telecommunications services and nonbasic network services may not use a credit score or credit history as the basis for determining price for service:
(1)  for an existing residential customer; or
(2)  in response to an applicant's request to become a residential customer.
(c)  This section does not limit the authority of a provider of basic local telecommunications services and nonbasic network services to require a deposit, advance payment, or credit limit as a condition of service.
Added by Acts 2005, 79th Leg., Ch. 926 (H.B. 412), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 17 - Customer Protection › Subchapter A. General Provisions › Section 17.010. Disaster Billing Awareness

Sec. 17.010.  DISASTER BILLING AWARENESS.  The commission in cooperation with the Texas Division of Emergency Management shall:
(1)  promote public awareness of bill payment assistance available during a disaster for electric, water, and wastewater services, including assistance for consumers on level billing plans; and
(2)  provide the public with information about billing practices during a disaster to ensure that consumers of electric, water, and wastewater services have an adequate understanding of their rights.
Added by Acts 2019, 86th Leg., R.S., Ch. 285 (H.B. 2320), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 17 - Customer Protection › Subchapter B. Certification, Registration, and Reporting Requirements › Section 17.051. Adoption of Rules

Sec. 17.051.  ADOPTION OF RULES.  (a)  The commission shall adopt rules relating to certification, registration, and reporting requirements for a certificated telecommunications utility, a retail electric provider, or an electric utility, as well as all telecommunications utilities that are not dominant carriers, pay telephone providers, qualifying facilities that are selling capacity into the wholesale or retail market, exempt wholesale generators, and power marketers.
(b)  The rules adopted under Subsections (a) and (c) shall be consistent with and no less effective than federal law and may not require the disclosure of highly sensitive competitive or trade secret information.
(c)  The commission shall adopt rules governing the local registration of retail electric providers under Section 39.358.
Added by Acts 1999, 76th Leg., ch. 1579, Sec. 3, eff. Aug. 30, 1999.  Amended by Acts 2003, 78th Leg., ch. 48, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 17 - Customer Protection › Subchapter B. Certification, Registration, and Reporting Requirements › Section 17.052. Scope of Rules

Sec. 17.052.  SCOPE OF RULES.  The commission may adopt and enforce rules to:
(1)  require certification or registration with the commission as a condition of doing business in this state, except that this requirement does not apply to municipally owned utilities;
(2)  amend certificates or registrations to reflect changed ownership and control;
(3)  establish rules for customer service and protection;
(4)  suspend or revoke certificates or registrations for repeated violations of this chapter or commission rules, except that the commission may not revoke a certificate of convenience and necessity of an electric utility except as provided by Section 37.059 or a certificate of convenience and necessity of a telecommunications utility except as provided by Section 54.008;  and
(5)  order disconnection of a pay telephone service provider's pay telephones or revocation of certification or registration for repeated violations of this chapter or commission rules.
Added by Acts 1999, 76th Leg., ch. 1579, Sec. 3, eff. Aug. 30, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 17 - Customer Protection › Subchapter B. Certification, Registration, and Reporting Requirements › Section 17.053. Reports

Sec. 17.053.  REPORTS.  The commission may require a telecommunications service provider, a retail electric provider, or an electric utility to submit reports to the commission concerning any matter over which it has authority under this chapter.
Added by Acts 1999, 76th Leg., ch. 1579, Sec. 3, eff. Aug. 30, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 17 - Customer Protection › Subchapter C. Customer's Right to Choice › Section 17.101. Policy

Sec. 17.101.  POLICY.  It is the policy of this state that all customers be protected from the unauthorized switching of a telecommunications service provider, a retail electric provider, or an electric utility selected by the customer to provide service, where choice is permitted by law.
Added by Acts 1999, 76th Leg., ch. 1579, Sec. 3, eff. Aug. 30, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 17 - Customer Protection › Subchapter C. Customer's Right to Choice › Section 17.102. Rules Relating to Choice

Sec. 17.102.  RULES RELATING TO CHOICE.  The commission shall adopt and enforce rules that:
(1)  ensure that customers are protected from deceptive practices employed in obtaining authorizations of service and in the verification of change orders, including negative option marketing, sweepstakes, and contests that cause customers to unknowingly change their telecommunications service provider, retail electric provider, or electric utility, where choice is permitted by law;
(2)  provide for clear, easily understandable identification, in each bill sent to a customer, of all telecommunications service providers, retail electric providers, or electric utilities submitting charges on the bill;
(3)  ensure that every service provider submitting charges on the bill is clearly and easily identified on the bill along with its services, products, and charges, using defined terms as required by commission rules adopted under Section 17.003;
(4)  provide that unauthorized changes in service be remedied at no cost to the customer within a period established by the commission;
(5)  require refunds or credits to the customer in the event of an unauthorized change; and
(6)  provide for penalties for violations of commission rules adopted under this section, including fines and revocation of certificates or registrations, by this action denying the certificated telecommunications utility, the retail electric provider, or the electric utility the right to provide service in this state, except that the commission may not revoke a certificate of convenience and necessity of an electric utility except as provided by Section 37.059 or a certificate of convenience and necessity of a telecommunications utility except as provided by Section 54.008.
Added by Acts 1999, 76th Leg., ch. 1579, Sec. 3, eff. Aug. 30, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 648 (H.B. 1822), Sec. 3, eff. September 1, 2009.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 17 - Customer Protection › Subchapter D. Protection Against Unauthorized Charges › Section 17.152. Responsibilities of Billing Utility

Sec. 17.152.  RESPONSIBILITIES OF BILLING UTILITY.  (a)  If a customer's telephone or retail electric bill is charged for any product or service without proper customer consent or verification, the billing utility, on its knowledge or notification of any unauthorized charge, shall promptly, not later than 45 days after the date of knowledge or notification of the charge:
(1)  notify the service provider to cease charging the customer for the unauthorized product or service;
(2)  remove any unauthorized charge from the customer's bill;
(3)  refund or credit to the customer all money that has been paid by the customer for any unauthorized charge, and if the unauthorized charge is not adjusted within three billing cycles, shall pay interest on the amount of the unauthorized charge;
(4)  on the customer's request, provide the customer with all billing records under its control related to any unauthorized charge within 15 business days after the date of the removal of the unauthorized charge from the customer's bill;  and
(5)  maintain for at least 24 months a record of every customer who has experienced any unauthorized charge for a product or service on the customer's telephone or electric bill and who has notified the billing utility of the unauthorized charge.
(b)  A record required by Subsection (a)(5) shall contain for each unauthorized charge:
(1)  the name of the service provider that offered the product or service;
(2)  any affected telephone numbers or addresses;
(3)  the date the customer requested that the billing utility remove the unauthorized charge;
(4)  the date the unauthorized charge was removed from the customer's telephone or electric bill;  and
(5)  the date any money that the customer paid for the unauthorized charges was refunded or credited to the customer.
(c)  A billing utility may not:
(1)  disconnect or terminate telecommunications or electric service to any customer for nonpayment of an unauthorized charge;  or
(2)  file an unfavorable credit report against a customer who has not paid charges the customer has alleged were unauthorized unless the dispute regarding the unauthorized charge is ultimately resolved against the customer, except that the customer shall remain obligated to pay any charges that are not in dispute, and this subsection does not apply to those undisputed charges.
Added by Acts 1999, 76th Leg., ch. 1579, Sec. 3, eff. Aug. 30, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 17 - Customer Protection › Subchapter D. Protection Against Unauthorized Charges › Section 17.153. Records of Disputed Charges

Sec. 17.153.  RECORDS OF DISPUTED CHARGES.  (a)  Every service provider shall maintain a record of every disputed charge for a product or service placed on a customer's bill.
(b)  The record required under Subsection (a) shall contain for every disputed charge:
(1)  any affected telephone numbers or addresses;
(2)  the date the customer requested that the billing utility remove the unauthorized charge;
(3)  the date the unauthorized charge was removed from the customer's telephone or retail electric bill;  and
(4)  the date action was taken to refund or credit to the customer any money that the customer paid for the unauthorized charges.
(c)  The record required by Subsection (a) shall be maintained for at least 24 months following the completion of all steps required by Section 17.152(a).
Added by Acts 1999, 76th Leg., ch. 1579, Sec. 3, eff. Aug. 30, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 17 - Customer Protection › Subchapter D. Protection Against Unauthorized Charges › Section 17.154. Notice

Sec. 17.154.  NOTICE.  (a)  A billing utility shall provide notice of a customer's rights under this section in the manner prescribed by the commission.
(b)  Notice of a customer's rights must be provided by mail to each residential and retail business customer within 60 days of the effective date of this section or by inclusion in the publication of the telephone directory next following the effective date of this section.  In addition, each billing utility shall send the notice to new customers at the time service is initiated or to any customer at that customer's request.
Added by Acts 1999, 76th Leg., ch. 1579, Sec. 3, eff. Aug. 30, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 17 - Customer Protection › Subchapter D. Protection Against Unauthorized Charges › Section 17.155. Providing Copy of Records

Sec. 17.155.  PROVIDING COPY OF RECORDS.  A billing utility shall provide a copy of records maintained under Sections 17.151(c), 17.152, and 17.154 to the commission staff on request.  A service provider shall provide a copy of records maintained under Sections 17.151(b) and 17.153 to the commission on request.
Added by Acts 1999, 76th Leg., ch. 1579, Sec. 3, eff. Aug. 30, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 17 - Customer Protection › Subchapter D. Protection Against Unauthorized Charges › Section 17.156. Violations

Sec. 17.156.  VIOLATIONS.  (a)  If the commission finds that a billing utility violated this subchapter, the commission may implement penalties and other enforcement actions under Chapter 15.
(b)  If the commission finds that any other service provider or billing agent subject to this subchapter has violated this subchapter or has knowingly provided false information to the commission on matters subject to this subchapter, the commission may enforce the provisions of Chapter 15 against the service provider or billing agent as if it were regulated by the commission.
(c)  Neither the authority granted under this section nor any other provision of this subchapter shall be construed to grant the commission jurisdiction to regulate service providers or billing agents who are not otherwise subject to commission regulation, other than as specifically provided by this chapter.
(d)  If the commission finds that a billing utility or service provider repeatedly violates this subchapter, the commission may, if the action is consistent with the public interest, suspend, restrict, or revoke the registration or certificate of the telecommunications service provider, retail electric provider, or electric utility, by this action denying the telecommunications service provider, retail electric provider, or electric utility the right to provide service in this state, except that the commission may not revoke a certificate of convenience and necessity of an electric utility except as provided by Section 37.059 or a certificate of convenience and necessity of a telecommunications utility except as provided by Section 54.008.
(e)  If the commission finds that a service provider or billing agent has repeatedly violated any provision of this subchapter, the commission may order the billing utility to terminate billing and collection services for that service provider or billing agent.
(f)  Nothing in this subchapter shall be construed to preclude a billing utility from taking action on its own to terminate or restrict its billing and collection services.
Added by Acts 1999, 76th Leg., ch. 1579, Sec. 3, eff. Aug. 30, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 17 - Customer Protection › Subchapter D. Protection Against Unauthorized Charges › Section 17.157. Disputes

Sec. 17.157.  DISPUTES.  (a)  The commission may resolve disputes between a retail customer and a billing utility, service provider, telecommunications utility, retail electric provider, or electric utility.
(b)  In exercising its authority under Subsection (a), the commission may:
(1)  order a billing utility, service provider, retail electric provider, or electric utility to produce information or records;
(2)  require that all contracts, bills, and other communications from a billing utility, service provider, retail electric provider, or electric utility display a working toll-free telephone number that customers may call with complaints and inquiries;
(3)  require a billing utility, service provider, retail electric provider, or electric utility to refund or credit overcharges or unauthorized charges with interest if the billing utility, service provider, retail electric provider, or electric utility has failed to comply with commission rules or a contract with the customer;
(4)  order appropriate relief to ensure that a customer's choice of a telecommunications service provider, a retail electric provider, or an electric utility that encompasses a geographic area in which more than one provider has been certificated is honored;
(5)  require the continuation of service to a residential or small commercial customer while a dispute is pending regarding charges the customer has alleged were unauthorized;  and
(6)  investigate an alleged violation.
(c)  The commission shall adopt procedures for the resolution of disputes in a timely manner, which in no event shall exceed 60 days.
Added by Acts 1999, 76th Leg., ch. 1579, Sec. 3, eff. Aug. 30, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 17 - Customer Protection › Subchapter D. Protection Against Unauthorized Charges › Section 17.158. Consistency With Federal Law

Sec. 17.158.  CONSISTENCY WITH FEDERAL LAW.  Rules adopted by the commission under this subchapter shall be consistent with and not more burdensome than applicable federal laws and rules.
Added by Acts 1999, 76th Leg., ch. 1579, Sec. 3, eff. Aug. 30, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 17 - Customer Protection › Subchapter E. Protection Against Utility Service Disconnection › Section 17.201. Definition

Sec. 17.201.  DEFINITION.  In this subchapter, "nonsubmetered master metered multifamily property" means an apartment, a leased or owner-occupied condominium, or one or more buildings containing at least 10 dwellings that receive electric utility service that is master metered but not submetered.
Added by Acts 2013, 83rd Leg., R.S., Ch. 322 (H.B. 1772), Sec. 2, eff. January 1, 2014.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 17 - Customer Protection › Subchapter E. Protection Against Utility Service Disconnection › Section 17.202. Notice of Disconnection to Municipalities for Nonsubmetered Master Metered Multifamily Properties

Sec. 17.202.  NOTICE OF DISCONNECTION TO MUNICIPALITIES FOR NONSUBMETERED MASTER METERED MULTIFAMILY PROPERTIES.  (a) A retail electric provider or a vertically integrated electric utility, not including a municipally owned utility or an electric cooperative, in an area where customer choice has not been introduced shall send a written notice of service disconnection to a municipality before the retail electric provider or vertically integrated electric utility disconnects service to a nonsubmetered master metered multifamily property for nonpayment if:
(1)  the property is located in the municipality; and
(2)  the municipality establishes an authorized representative to receive the notice as described by Section 17.203(c).
(b)  The retail electric provider or vertically integrated electric utility in an area where customer choice has not been introduced shall send the notice required by this section not later than the 10th day before the date electric service is scheduled for disconnection.
Added by Acts 2013, 83rd Leg., R.S., Ch. 322 (H.B. 1772), Sec. 2, eff. January 1, 2014.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 17 - Customer Protection › Subchapter E. Protection Against Utility Service Disconnection › Section 17.203. Additional Safeguards

Sec. 17.203.  ADDITIONAL SAFEGUARDS.  (a)  The customer safeguards provided by this subchapter are in addition to safeguards provided by other law or agency rules.
(b)  This subchapter does not prohibit a municipality or the commission from adopting customer safeguards that exceed the safeguards provided by this chapter.
(c)  The commission by rule shall develop a mechanism by which a municipality may provide the commission with the contact information of the municipality's authorized representative to whom the notice required by Section 17.202 must be sent.  The commission shall make the contact information available to the public.
Added by Acts 2013, 83rd Leg., R.S., Ch. 322 (H.B. 1772), Sec. 2, eff. January 1, 2014.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 31 - General Provisions › Subchapter A. General Provisions › Section 31.001. Legislative Findings; Purpose of Subtitle

Sec. 31.001.  LEGISLATIVE FINDINGS;  PURPOSE OF SUBTITLE.  (a)  This subtitle is enacted to protect the public interest inherent in the rates and services of electric utilities.  The purpose of this subtitle is to establish a comprehensive and adequate regulatory system for electric utilities to assure rates, operations, and services that are just and reasonable to the consumers and to the electric utilities.
(b)  Electric utilities are by definition monopolies in many of the services provided and areas they serve.  As a result, the normal forces of competition that regulate prices in a free enterprise society do not always operate.  Public agencies regulate electric utility rates, operations, and services, except as otherwise provided by this subtitle.
(c)  The wholesale electric industry, through federal legislative, judicial, and administrative actions, is becoming a more competitive industry that does not lend itself to traditional electric utility regulatory rules, policies, and principles.  As a result, the public interest requires that rules, policies, and principles be formulated and applied to protect the public interest in a more competitive marketplace.  The development of a competitive wholesale electric market that allows for increased participation by electric utilities and certain nonutilities is in the public interest.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 31 - General Provisions › Subchapter A. General Provisions › Section 31.0021. Charging Service

Sec. 31.0021.  CHARGING SERVICE.  The commission by rule may exempt from the definition of "electric utility" or "retail electric provider" under Section 31.002 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. 2, eff. September 1, 2021.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 31 - General Provisions › Subchapter A. General Provisions › Section 31.004. Energy-Efficient School Facilities

Sec. 31.004.  ENERGY-EFFICIENT SCHOOL FACILITIES.  (a)  The commission may serve as a resource center to assist school districts in developing energy-efficient facilities.
(b)  As a resource center under this section, the commission may:
(1)  present programs to school districts relating to managing energy, training school-plant operators, and designing energy-efficient buildings;
(2)  provide school districts with technical assistance in managing energy;
(3)  collect and distribute information relating to energy management in school facilities;  and
(4)  offer energy resource workshops to educators and make available to educators a film library on energy-related matters and energy education lesson packages.
(c)  The commission shall provide information to school districts regarding how a school district may finance the installation of solar electric generation panels for school district buildings.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 939 (H.B. 3693), Sec. 18, eff. September 1, 2007.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 31 - General Provisions › Subchapter A. General Provisions › Section 31.005. Customer-Option Programs

Sec. 31.005.  CUSTOMER-OPTION PROGRAMS.  (a)  This section applies to:
(1)  a municipally owned electric utility;
(2)  an electric cooperative;
(3)  an electric utility;
(4)  a power marketer;
(5)  a retail electric provider; and
(6)  a transmission and distribution utility.
(b)  An entity to which this section applies shall consider establishing customer-option programs that encourage the reduction of air contaminant emissions, such as:
(1)  an appliance retirement and recycling program;
(2)  a solar water heating market transformation program;
(3)  an air conditioning tune-up program;
(4)  a program that allows the use of on-site energy storage as an eligible efficiency measure in existing programs;
(5)  a program that encourages the deployment of advanced electricity meters;
(6)  a program that encourages the installation of cool roofing materials;
(7)  a program that establishes lighting limits;
(8)  a distributed energy generation technology program; and
(9)  a program that encourages the use of high-efficiency building distribution transformers and variable air volume fan controls.
Added by Acts 2005, 79th Leg., Ch. 1095 (H.B. 2129), Sec. 6, eff. September 1, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 31 - General Provisions › Subchapter B. Cybersecurity › Section 31.051. Definition

Sec. 31.051.  DEFINITION.  In this subchapter, "utility" means:
(1)  an electric cooperative;
(2)  an electric utility;
(3)  a municipally owned electric utility; or
(4)  a transmission and distribution utility.
Added by Acts 2019, 86th Leg., R.S., Ch. 509 (S.B. 64), Sec. 22, eff. September 1, 2019.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 31 - General Provisions › Subchapter B. Cybersecurity › Section 31.052. Cybersecurity Coordination Program for Utilities

Sec. 31.052.  CYBERSECURITY COORDINATION PROGRAM FOR UTILITIES.  (a)  The commission shall establish a program to monitor cybersecurity efforts among utilities in this state.  The program shall:
(1)  provide guidance on best practices in cybersecurity and facilitate the sharing of cybersecurity information between utilities; and
(2)  provide guidance on best practices for cybersecurity controls for supply chain risk management of cybersecurity systems used by utilities, which may include, as applicable, best practices related to:
(A)  software integrity and authenticity;
(B)  vendor risk management and procurement controls, including notification by vendors of incidents related to the vendor's products and services; and
(C)  vendor remote access.
(b)  The commission may collaborate with the state cybersecurity coordinator and the cybersecurity council established under Chapter 2054, Government Code, in implementing the program.
Added by Acts 2019, 86th Leg., R.S., Ch. 509 (S.B. 64), Sec. 22, eff. September 1, 2019.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 32 - Jurisdiction and Powers of Commission and Other Regulatory Authorities › Subchapter A. Commission Jurisdiction › Section 32.001. Commission Jurisdiction

Sec. 32.001.  COMMISSION JURISDICTION.  (a)  Except as provided by Section 32.002, the commission has exclusive original jurisdiction over the rates, operations, and services of an electric utility in:
(1)  areas outside a municipality;  and
(2)  areas inside a municipality that surrenders its jurisdiction to the commission under Section 33.002.
(b)  The commission has exclusive appellate jurisdiction to review an order or ordinance of a municipality exercising exclusive original jurisdiction under this subtitle.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 32 - Jurisdiction and Powers of Commission and Other Regulatory Authorities › Subchapter A. Commission Jurisdiction › Section 32.0015. Regulation of Successor Electric Utility or Electric Cooperative

Sec. 32.0015.  REGULATION OF SUCCESSOR ELECTRIC UTILITY OR ELECTRIC COOPERATIVE.  If an electric utility purchases, acquires, merges, or consolidates with or acquires 50 percent or more of the stock of an electric utility or electric cooperative, the commission shall regulate the successor electric utility or electric cooperative in the same manner that the commission would regulate the entity that was subject to the stricter regulation before the purchase, acquisition, merger, or consolidation.
Added by Acts 1999, 76th Leg., ch. 405, Sec. 12, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 32 - Jurisdiction and Powers of Commission and Other Regulatory Authorities › Subchapter A. Commission Jurisdiction › Section 32.002. Limitation on Commission Jurisdiction

Sec. 32.002.  LIMITATION ON COMMISSION JURISDICTION.  Except as otherwise provided by this title, this subtitle does not authorize the commission to:
(1)  regulate or supervise a rate or service of a municipally owned utility;  or
(2)  affect the jurisdiction, power, or duty of a municipality exercising exclusive original jurisdiction in that municipality's regulation and supervision of an electric utility in the municipality.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 32 - Jurisdiction and Powers of Commission and Other Regulatory Authorities › Subchapter A. Commission Jurisdiction › Section 32.003. Exempt Area Jurisdiction

Sec. 32.003.  EXEMPT AREA JURISDICTION.  Notwithstanding an election under Subchapter A, Chapter 33, by a municipality on the issue of surrendering its jurisdiction, the commission may:
(1)  consider an electric utility's revenues and return on investment in an area exempt from commission regulation in establishing rates and charges in an area that is not exempt from commission regulation;  and
(2)  exercise necessary powers to give effect to an order under this title for the benefit of an area that is not exempt from commission regulation.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 32 - Jurisdiction and Powers of Commission and Other Regulatory Authorities › Subchapter A. Commission Jurisdiction › Section 32.004. Assistance to Municipality

Sec. 32.004.  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, a court, or the municipality's governing body, 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.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 32 - Jurisdiction and Powers of Commission and Other Regulatory Authorities › Subchapter B. Exemptions From Commission Jurisdiction › Section 32.051. Exemption of River Authority From Wholesale Rate Regulation

Sec. 32.051.  EXEMPTION OF RIVER AUTHORITY FROM WHOLESALE RATE REGULATION.  Notwithstanding any other provision of this title, the commission may not directly or indirectly regulate revenue requirements, rates, fuel costs, fuel charges, or fuel acquisitions that are related to the generation and sale of electricity at wholesale, and not to ultimate consumers, by a river authority operating a steam generating plant on or before January 1, 1999.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 405, Sec. 13, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 32 - Jurisdiction and Powers of Commission and Other Regulatory Authorities › Subchapter B. Exemptions From Commission Jurisdiction › Section 32.052. Ability of Certain River Authorities to Construct Improvements

Sec. 32.052.  ABILITY OF CERTAIN RIVER AUTHORITIES TO CONSTRUCT IMPROVEMENTS.  A river authority operating a steam generating plant on or before January 1, 1999, may acquire, finance, construct, rebuild, repower, and use new or existing power plants, equipment, transmission lines, or other assets to sell electricity exclusively at wholesale to:
(1)  a purchaser in San Saba, Llano, Burnet, Travis, Bastrop, Blanco, Colorado, or Fayette County;  or
(2)  a purchaser in an area served by the river authority on January 1, 1975.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 405, Sec. 13, eff. Sept. 1, 1999.