reglab/statecodes huggingface dataset:
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 14 - Jurisdiction and Powers of Commission and Other Regulatory Authorities › Subchapter B. Practice and Procedure › Section 14.051. Procedural Powers

Sec. 14.051.  PROCEDURAL POWERS.  The commission may:
(1)  call and hold a hearing;
(2)  administer an oath;
(3)  receive evidence at a hearing;
(4)  issue a subpoena to compel the attendance of a witness or the production of a document;  and
(5)  make findings of fact and decisions to administer this title or a rule, order, or other action of the commission.
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 14 - Jurisdiction and Powers of Commission and Other Regulatory Authorities › Subchapter B. Practice and Procedure › Section 14.052. Rules

Sec. 14.052.  RULES.  (a)  The commission shall adopt and enforce rules governing practice and procedure before the commission and, as applicable, practice and procedure before the State Office of Administrative Hearings.
(b)  The commission shall adopt rules that authorize an administrative law judge to:
(1)  limit the amount of time that a party may have to present its case;
(2)  limit the number of requests for information that a party may make in a contested case;
(3)  require a party to a contested case to identify contested issues and facts before the hearing begins;
(4)  limit cross-examination to only those issues and facts identified before the hearing and to any new issues that may arise as a result of the discovery process;  and
(5)  group parties, other than the office, that have the same position on an issue to facilitate cross-examination on that issue.
(c)  A rule adopted under Subsection (b)(5) must permit each party in a group to present that party's witnesses for cross-examination during the hearing.
(d)  A rule adopted under this section must ensure that each party receives due process.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 228 (H.B. 2154), Sec. 23, eff. September 1, 2015.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 14 - Jurisdiction and Powers of Commission and Other Regulatory Authorities › Subchapter B. Practice and Procedure › Section 14.053. Powers and Duties of State Office of Administrative Hearings

Sec. 14.053.  POWERS AND DUTIES OF STATE OFFICE OF ADMINISTRATIVE HEARINGS.  (a)  The State Office of Administrative Hearings shall conduct each hearing in a contested case that is not conducted by one or more commissioners.
(b)  The commission may delegate to the State Office of Administrative Hearings the authority to make a final decision and to issue findings of fact, conclusions of law, and other necessary orders in a proceeding in which there is not a contested issue of fact or law.
(c)  The commission by rule shall define the procedures by which it delegates final decision-making authority under Subsection (b).
(d)  For review purposes an administrative law judge's final decision under Subsection (b) has the same effect as a final decision of the commission unless a commissioner requests formal review of the decision.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 228 (H.B. 2154), Sec. 24, eff. September 1, 2015.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 14 - Jurisdiction and Powers of Commission and Other Regulatory Authorities › Subchapter B. Practice and Procedure › Section 14.054. Settlements

Sec. 14.054.  SETTLEMENTS.  (a)  The commission by rule shall adopt procedures governing the use of settlements to resolve contested cases.
(b)  Rules adopted under this section must ensure that:
(1)  each party retains the right to:
(A)  a full hearing before the commission on issues that remain in dispute;  and
(B)  judicial review of issues that remain in dispute;
(2)  an issue of fact raised by a nonsettling party may not be waived by a settlement or stipulation of the other parties;  and
(3)  a nonsettling party may use an issue of fact raised by that party as the basis for judicial review.
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 14 - Jurisdiction and Powers of Commission and Other Regulatory Authorities › Subchapter B. Practice and Procedure › Section 14.055. Record of Proceedings

Sec. 14.055.  RECORD OF PROCEEDINGS.  The regulatory authority shall keep a record of each proceeding before the authority.
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 14 - Jurisdiction and Powers of Commission and Other Regulatory Authorities › Subchapter B. Practice and Procedure › Section 14.056. Right to Be Heard

Sec. 14.056.  RIGHT TO BE HEARD.  Each party to a proceeding before a regulatory authority is entitled to be heard by attorney or in person.
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 14 - Jurisdiction and Powers of Commission and Other Regulatory Authorities › Subchapter B. Practice and Procedure › Section 14.057. Orders of Commission; Transcripts and Exhibits; Public Records

Sec. 14.057.  ORDERS OF COMMISSION;  TRANSCRIPTS AND EXHIBITS;  PUBLIC RECORDS.  (a)  A commission order must be in writing and contain detailed findings of the facts on which it is passed.
(b)  The commission shall retain a copy of the transcript and the exhibits in any matter in which the commission issues an order.
(c)  Subject to Chapter 552, Government Code, each file pertaining to a matter that was at any time pending before the commission or to a record, report, or inspection required by Section 14.003, 14.151, 14.152, 14.153, 14.201, or 14.203-14.207 or by Subtitle B or C  is public information.
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 14 - Jurisdiction and Powers of Commission and Other Regulatory Authorities › Subchapter B. Practice and Procedure › Section 14.058. Fees for Electronic Access to Information

Sec. 14.058.  FEES FOR ELECTRONIC ACCESS TO INFORMATION.  The fees charged by the commission for electronic access to information that is stored in the system established by the commission using funds from the Texas Public Finance Authority and approved by the Department of Information Resources shall be established:
(1)  by the commission in consultation with the comptroller; and
(2)  in an amount reasonable and necessary to retire the debt to the Texas Public Finance Authority associated with establishing the electronic access system.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 18.01(a), eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.115, eff. September 1, 2007.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 14 - Jurisdiction and Powers of Commission and Other Regulatory Authorities › Subchapter B. Practice and Procedure › Section 14.059. Technology Policy

Sec. 14.059.  TECHNOLOGY POLICY.  The commission shall implement a policy requiring the commission to use appropriate technological solutions to improve the commission's ability to perform its functions.  The policy must ensure that the public is able to interact with the commission on the Internet.
Added by Acts 2005, 79th Leg., Ch. 797 (S.B. 408), Sec. 6, eff. September 1, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 14 - Jurisdiction and Powers of Commission and Other Regulatory Authorities › Subchapter C. Restrictions on Certain Transactions › Section 14.101. Report of Certain Transactions; Commission Consideration

Sec. 14.101.  REPORT OF CERTAIN TRANSACTIONS;  COMMISSION CONSIDERATION.  (a)  Unless a public utility reports the transaction to the commission within a reasonable time, the public utility may not:
(1)  sell, acquire, or lease a plant as an operating unit or system in this state for a total consideration of more than $10 million; or
(2)  merge or consolidate with another public utility operating in this state.
(b)  A public utility shall report to the commission within a reasonable time each transaction that involves the sale of at least 50 percent of the stock of the utility.  On the filing of a report with the commission, the commission shall investigate the transaction, with or without a public hearing, to determine whether the action is consistent with the public interest.  In reaching its determination, the commission shall consider:
(1)  the reasonable value of the property, facilities, or securities to be acquired, disposed of, merged, transferred, or consolidated;
(2)  whether the transaction will:
(A)  adversely affect the health or safety of customers or employees;
(B)  result in the transfer of jobs of citizens of this state to workers domiciled outside this state;  or
(C)  result in the decline of service;
(3)  whether the public utility will receive consideration equal to the reasonable value of the assets when it sells, leases, or transfers assets;  and
(4)  whether the transaction is consistent with the public interest.
(c)  If the commission finds that a transaction is not in the public interest, the commission shall take the effect of the transaction into consideration in ratemaking proceedings and disallow the effect of the transaction if the transaction will unreasonably affect rates or service.
(d)  This section does not apply to:
(1)  the purchase of a unit of property for replacement;
(2)  an addition to the facilities of a public utility by construction;  or
(3)  transactions that facilitate unbundling, asset valuation, minimization of ownership or control of generation assets, or other purposes consistent with Chapter 39.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 405, Sec. 9, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 129 (H.B. 1753), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 14 - Jurisdiction and Powers of Commission and Other Regulatory Authorities › Subchapter C. Restrictions on Certain Transactions › Section 14.102. Report of Purchase of Voting Stock in Public Utility

Sec. 14.102.  REPORT OF PURCHASE OF VOTING STOCK IN PUBLIC UTILITY.  A public utility may not purchase voting stock in another public utility doing business in this state unless the utility reports the purchase to the commission.
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 14 - Jurisdiction and Powers of Commission and Other Regulatory Authorities › Subchapter C. Restrictions on Certain Transactions › Section 14.103. Report of Loan to Stockholders

Sec. 14.103.  REPORT OF LOAN TO STOCKHOLDERS.  A public utility may not loan money, stocks, bonds, notes, or other evidence of indebtedness to a person who directly or indirectly owns or holds any stock of the public utility unless the public utility reports the transaction to the commission within a reasonable time.
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 14 - Jurisdiction and Powers of Commission and Other Regulatory Authorities › Subchapter D. Records › Section 14.151. Records of Public Utility

Sec. 14.151.  RECORDS OF PUBLIC UTILITY.  (a)  Each public utility shall keep and provide to the regulatory authority, in the manner and form prescribed by the commission, uniform accounts of all business transacted by the utility.
(b)  The commission may prescribe the form of books, accounts, records, and memoranda to be kept by a public utility, including:
(1)  the books, accounts, records, and memoranda of:
(A)  the provision of and capacity for service;  and
(B)  the receipt and expenditure of money;  and
(2)  any other form, record, and memorandum that the commission considers necessary to carry out this title.
(c)  For a public utility subject to regulation by a federal regulatory agency, compliance with the system of accounts prescribed for the particular class of utilities by the federal agency may be considered sufficient compliance with the system prescribed by the commission.  The commission may prescribe the form of books, accounts, records, and memoranda covering information in addition to that required by the federal agency.  The system of accounts and the form of books, accounts, records, and memoranda prescribed by the commission for a public utility or class of utilities may not be inconsistent with the systems and forms established by a federal agency for that public utility or class of utilities.
(d)  Each public utility shall:
(1)  keep and provide its books, accounts, records, and memoranda accurately in the manner and form prescribed by the commission;  and
(2)  comply with the directions of the regulatory authority relating to the books, accounts, records, and memoranda.
(e)  In this section, "public utility" includes a municipally owned utility.
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 14 - Jurisdiction and Powers of Commission and Other Regulatory Authorities › Subchapter D. Records › Section 14.152. Maintenance of Office and Records in This State

Sec. 14.152.  MAINTENANCE OF OFFICE AND RECORDS IN THIS STATE.  (a)  Each public utility shall maintain an office in this state in a county in which some part of the utility's property is located.  The utility shall keep in this office all books, accounts, records, and memoranda required by the commission to be kept in this state.
(b)  A book, account, record, or memorandum required by the regulatory authority to be kept in this state may not be removed from this state, except as:
(1)  provided by Section 52.255;  and
(2)  prescribed by the commission.
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 14 - Jurisdiction and Powers of Commission and Other Regulatory Authorities › Subchapter D. Records › Section 14.153. Communications With Regulatory Authority

Sec. 14.153.  COMMUNICATIONS WITH REGULATORY AUTHORITY.  (a)  The regulatory authority shall adopt rules governing communications with the regulatory authority or a member or employee of the regulatory authority by:
(1)  a public utility;
(2)  an affiliate;  or
(3)  a representative of a public utility or affiliate.
(b)  A record of a communication must contain:
(1)  the name of the person contacting the regulatory authority or member or employee of the regulatory authority;
(2)  the name of the business entity represented;
(3)  a brief description of the subject matter of the communication;  and
(4)  the action, if any, requested by the public utility, affiliate, or representative.
(c)  Records compiled under Subsection (b) shall be available to the public monthly.
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 14 - Jurisdiction and Powers of Commission and Other Regulatory Authorities › Subchapter D. Records › Section 14.154. Jurisdiction Over Affiliate

Sec. 14.154.  JURISDICTION OVER AFFILIATE.  (a)  The commission has jurisdiction over an affiliate that has a transaction with a public utility under the commission's jurisdiction to the extent of access to a record of the affiliate relating to the transaction, including a record of joint or general expenses, any portion of which may be applicable to the transaction.
(b)  A record obtained by the commission relating to sale of electrical energy at wholesale by an affiliate to the public utility is confidential and is not subject to disclosure under Chapter 552, 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 14 - Jurisdiction and Powers of Commission and Other Regulatory Authorities › Subchapter E. Audits and Inspections › Section 14.201. Inquiry Into Management and Affairs

Sec. 14.201.  INQUIRY INTO MANAGEMENT AND AFFAIRS.  A regulatory authority may inquire into the management and affairs of each public utility and shall keep itself informed as to the manner and method in which each public utility is managed and its affairs are conducted.
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 14 - Jurisdiction and Powers of Commission and Other Regulatory Authorities › Subchapter E. Audits and Inspections › Section 14.202. Management Audits by Commission

Sec. 14.202.  MANAGEMENT AUDITS BY COMMISSION.  (a)  The commission shall:
(1)  inquire into the management of the business of each public utility under its jurisdiction;
(2)  keep itself informed as to the manner and method in which the utility's business is managed;  and
(3)  obtain from the public utility any information necessary to enable the commission to perform a management audit.
(b)  The commission may audit a utility under its jurisdiction as frequently as needed.  Six months after an audit, the utility shall report to the commission on the status of the implementation of the recommendations of the audit and shall file subsequent reports at times the commission considers appropriate.
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 14 - Jurisdiction and Powers of Commission and Other Regulatory Authorities › Subchapter E. Audits and Inspections › Section 14.203. Audit of Accounts

Sec. 14.203.  AUDIT OF ACCOUNTS.  A regulatory authority may require the examination and audit of the accounts of a public or municipally owned utility.
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 14 - Jurisdiction and Powers of Commission and Other Regulatory Authorities › Subchapter E. Audits and Inspections › Section 14.204. Inspection

Sec. 14.204.  INSPECTION.  (a)  A regulatory authority and, to the extent authorized by the regulatory authority, its counsel, agent, or employee, may:
(1)  inspect and obtain copies of the papers, books, accounts, documents, and other business records of a public utility within its jurisdiction;  and
(2)  inspect the plant, equipment, and other property of a public utility within its jurisdiction.
(b)  An action under this section must be conducted at a reasonable time for a reasonable purpose.
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 14 - Jurisdiction and Powers of Commission and Other Regulatory Authorities › Subchapter E. Audits and Inspections › Section 14.205. Examinations Under Oath

Sec. 14.205.  EXAMINATIONS UNDER OATH.  In connection with an action taken under Section 14.204, the regulatory authority may:
(1)  examine under oath an officer, agent, or employee of a public utility;  or
(2)  authorize the person conducting the action to make the examination under oath.
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 14 - Jurisdiction and Powers of Commission and Other Regulatory Authorities › Subchapter E. Audits and Inspections › Section 14.206. Entering Premises of Public Utility

Sec. 14.206.  ENTERING PREMISES OF PUBLIC UTILITY.  (a)  A member, agent, or employee of a regulatory authority may enter the premises occupied by a public utility to conduct an inspection, examination, or test or to exercise any other authority provided by this title.
(b)  A member, agent, or employee of the regulatory authority may act under this section only during reasonable hours and after reasonable notice to the public utility.
(c)  A public utility is entitled to be represented when an inspection, examination, or test is conducted on its premises.  The utility is entitled to a reasonable time to secure a representative before the inspection, examination, or test begins.
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 14 - Jurisdiction and Powers of Commission and Other Regulatory Authorities › Subchapter E. Audits and Inspections › Section 14.207. Production of Out-of-State Records

Sec. 14.207.  PRODUCTION OF OUT-OF-STATE RECORDS.  (a)  A regulatory authority may require, by order or subpoena served on a public utility, the production, at the time and place in this state that the regulatory authority designates, of any books, accounts, papers, or records kept by that public utility outside this state or, if ordered by the commission, verified copies of the books, accounts, papers, or records.
(b)  A public utility that fails or refuses to comply with an order or subpoena under this section violates this title.
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 15 - Judicial Review, Enforcement, and Penalties › Subchapter A. Judicial Review › Section 15.001. Right to Judicial Review

Sec. 15.001.  RIGHT TO JUDICIAL REVIEW.  Any party to a proceeding before the commission is entitled to judicial review under the substantial evidence rule.
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 15 - Judicial Review, Enforcement, and Penalties › Subchapter A. Judicial Review › Section 15.002. Commission as Defendant

Sec. 15.002.  COMMISSION AS DEFENDANT.  The commission must be a defendant in a proceeding for judicial review.
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 15 - Judicial Review, Enforcement, and Penalties › Subchapter A. Judicial Review › Section 15.003. Costs and Attorney's Fees

Sec. 15.003.  COSTS AND ATTORNEY'S FEES.  (a)  A party represented by counsel who alleges that existing rates are excessive or that rates prescribed by the commission are excessive and who prevails in a proceeding for review of a commission order or decision is entitled in the same action to recover against the regulation fund reasonable fees for attorneys and expert witnesses and other costs for the party's efforts before the commission and the court.
(b)  The court shall set the amount of attorney's fees awarded under Subsection (a).
(c)  If a court finds that an action under Section 15.001 or this section was groundless and brought in bad faith and for the purpose of harassment, the court may award reasonable attorney's fees to the defendant public utility.
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 15 - Judicial Review, Enforcement, and Penalties › Subchapter A. Judicial Review › Section 15.004. Judicial Stay or Suspension

Sec. 15.004.  JUDICIAL STAY OR SUSPENSION.  While an appeal of an order, ruling, or decision of a regulatory authority is pending, the district court, court of appeals, or supreme court, as appropriate, may stay or suspend all or part of the operation of the order, ruling, or decision.  In granting or refusing a stay or suspension, the court shall act in accordance with the practice of a court exercising equity jurisdiction.
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 15 - Judicial Review, Enforcement, and Penalties › Subchapter B. Enforcement and Penalties › Section 15.021. Action to Enjoin or Require Compliance

Sec. 15.021.  ACTION TO ENJOIN OR REQUIRE COMPLIANCE.  (a)  The attorney general, on the request of the commission, shall apply in the name of the commission for a court order under Subsection (b) if the commission determines that a public utility or other person is:
(1)  engaging in or about to engage in an act that violates this title or an order or rule of the commission entered or adopted under this title;  or
(2)  failing to comply with the requirements of this title or a rule or order of the commission.
(b)  A court, in an action under this section, may:
(1)  prohibit the commencement or continuation of an act that violates this title or an order or rule of the commission entered or adopted under this title;  or
(2)  require compliance with a provision of this title or an order or rule of the commission.
(c)  The remedy under this section is in addition to any other remedy provided under this title.
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 15 - Judicial Review, Enforcement, and Penalties › Subchapter B. Enforcement and Penalties › Section 15.022. Contempt

Sec. 15.022.  CONTEMPT.  The commission may file a court action for contempt against a person who:
(1)  fails to comply with a lawful order of the commission;
(2)  fails to comply with a subpoena or subpoena duces tecum;  or
(3)  refuses to testify about a matter on which the person may be lawfully interrogated.
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 15 - Judicial Review, Enforcement, and Penalties › Subchapter B. Enforcement and Penalties › Section 15.026. Judicial Review of Administrative Penalty

Sec. 15.026.  JUDICIAL REVIEW OF ADMINISTRATIVE PENALTY.  (a)  Judicial review of a commission order imposing an administrative penalty or disgorgement is:
(1)  instituted by filing a petition as provided by Subchapter G, Chapter 2001, Government Code; and
(2)  under the substantial evidence rule.
(b)  If the court sustains the occurrence of the violation, the court may uphold or reduce the amount of the penalty or disgorgement and order the person to pay the full or reduced amount of the penalty or disgorgement. If the court does not sustain the occurrence of the violation, the court shall order that no penalty or disgorgement is owed.
(c)  When the judgment of the court becomes final, the court shall proceed under this subsection.  If the person paid the amount of the penalty and that amount is reduced or is not upheld by the court, the court shall order that the appropriate amount plus accrued interest be remitted to the person.  The rate of the interest is the rate charged on loans to depository institutions by the New York Federal Reserve Bank, and the interest shall be paid for the period beginning on the date the penalty was paid and ending on the date the penalty is remitted.  If the person gave a supersedeas bond and the amount of the penalty is not upheld by the court, the court shall order the release of the bond.  If the person gave a supersedeas bond and the amount of the penalty is reduced, the court shall order the release of the bond after the person pays the amount.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 996 (H.B. 2133), Sec. 6, eff. September 1, 2011.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 15 - Judicial Review, Enforcement, and Penalties › Subchapter B. Enforcement and Penalties › Section 15.027. Administrative Penalty Collection; General Provisions

Sec. 15.027.  ADMINISTRATIVE PENALTY COLLECTION;  GENERAL PROVISIONS.  (a)  An administrative penalty collected under this subchapter shall be sent to the comptroller.
(b)  A proceeding relating to an administrative penalty under this subchapter is subject to Chapter 2001, Government Code.
(c)  The executive director may delegate any power or duty relating to an administrative penalty given the executive director by this subchapter to a person designated by the executive director.
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 15 - Judicial Review, Enforcement, and Penalties › Subchapter B. Enforcement and Penalties › Section 15.028. Civil Penalty Against Public Utility, Pay Telephone Service Provider, or Affiliate

Sec. 15.028.  CIVIL PENALTY AGAINST PUBLIC UTILITY, PAY TELEPHONE SERVICE PROVIDER, OR AFFILIATE.  (a)  A public utility, customer-owned pay telephone service provider under Section 55.178, or affiliate is subject to a civil penalty if the utility, provider, or affiliate knowingly violates this title, fails to perform a duty imposed on it, or fails or refuses to obey an order, rule, direction, or requirement of the commission or a decree or judgment of a court.
(b)  A civil penalty under this section shall be in an amount of not less than $1,000 and not more than $5,000 for each violation.
(c)  A public utility or affiliate commits a separate violation each day it continues to violate Subsection (a).
(d)  The attorney general shall file in the name of the commission a suit on the attorney general's own initiative or at the request of the commission to recover the civil penalty under this section.
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 15 - Judicial Review, Enforcement, and Penalties › Subchapter B. Enforcement and Penalties › Section 15.029. Civil Penalty for Violating Section 12

Sec. 15.029.  CIVIL PENALTY FOR VIOLATING SECTION 12.055 OR 12.154.  (a)  A member of the commission or an officer or director of a public utility or affiliate who knowingly violates Section 12.055 or 12.154 is subject to a civil penalty of $1,000 for each violation.
(b)  A person other than a person subject to Subsection (a) who knowingly violates Section 12.154 is subject to a civil penalty of $500 for each violation.
(c)  A member, officer, or employee of the commission who in any action is found by a preponderance of the evidence to have violated a provision of Section 12.055 or 12.154 shall be removed from the person's office or employment.
(d)  A civil penalty under this section is recoverable in a suit filed in the name of the commission by the attorney general on the attorney general's own initiative or at the request of the commission.
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 15 - Judicial Review, Enforcement, and Penalties › Subchapter B. Enforcement and Penalties › Section 15.030. Offense

Sec. 15.030.  OFFENSE.  (a)  A person commits an offense if the person wilfully and knowingly violates this title.
(b)  This section does not apply to an offense described by Section 55.138.
(c)  An offense under this section is a felony of the third degree.
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 15 - Judicial Review, Enforcement, and Penalties › Subchapter B. Enforcement and Penalties › Section 15.031. Place for Suit

Sec. 15.031.  PLACE FOR SUIT.  A suit for an injunction or a penalty under this title may be brought in:
(1)  Travis County;
(2)  a county in which the violation is alleged to have occurred;  or
(3)  a county in which a defendant resides.
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 15 - Judicial Review, Enforcement, and Penalties › Subchapter B. Enforcement and Penalties › Section 15.032. Penalties Cumulative

Sec. 15.032.  PENALTIES CUMULATIVE.  (a)  A penalty that accrues under this title is cumulative of any other penalty.
(b)  A suit for the recovery of a penalty does not bar or affect the recovery of any other penalty or bar a criminal prosecution against any person.
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 15 - Judicial Review, Enforcement, and Penalties › Subchapter B. Enforcement and Penalties › Section 15.033. Disposition of Fines and Penalties

Sec. 15.033.  DISPOSITION OF FINES AND PENALTIES.  A fine or penalty collected under this title, other than a fine or penalty collected in a criminal proceeding or a penalty collected under Section 15.027(a), shall be paid to the commission.
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 15 - Judicial Review, Enforcement, and Penalties › Subchapter C. Complaints › Section 15.051. Complaint by Affected Person

Sec. 15.051.  COMPLAINT BY AFFECTED PERSON.  (a)  An affected person may complain to the regulatory authority in writing setting forth an act or omission by a public utility in violation or claimed violation of a law that the regulatory authority has jurisdiction to administer or of an order, ordinance, or rule of the regulatory authority.
(b)  The commission shall keep for a reasonable period information about each complaint filed with the commission that the commission has authority to resolve.  The information shall include:
(1)  the date the complaint is received;
(2)  the name of the complainant;
(3)  the subject matter of the complaint;
(4)  a record of each person contacted in relation to the complaint;
(5)  a summary of the results of the review or investigation of the complaint; and
(6)  if the commission took no action on the complaint, an explanation of the reason the complaint was closed without action.
(c)  The commission shall keep a file about each written complaint filed with the commission that the commission has authority to resolve.  The commission shall provide to the person filing the complaint and to each person or entity complained about information concerning the commission's policies and procedures on complaint investigation and resolution.  The commission, at least quarterly and until final disposition of the complaint, shall notify the person filing the complaint and each person or entity complained about of the status of the complaint unless the notice would jeopardize an undercover investigation.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 797 (S.B. 408), Sec. 8, eff. September 1, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 15 - Judicial Review, Enforcement, and Penalties › Subchapter C. Complaints › Section 15.052. Complaint Regarding Recreational Vehicle Park Owner

Sec. 15.052.  COMPLAINT REGARDING RECREATIONAL VEHICLE PARK OWNER.  (a)  An affected person may complain to the regulatory authority in writing setting forth an act or omission by a recreational vehicle park owner who provides metered electric service under Subchapter C, Chapter 184, in violation or claimed violation of a law that the regulatory authority has jurisdiction to administer or of an order, ordinance, or rule of the regulatory authority.
(b)  The commission shall keep for a reasonable period an information file about each complaint filed with the commission relating to a recreational vehicle park owner.
(c)  The commission, at least quarterly and until final disposition of the written complaint, shall notify the parties to the complaint of the status of the complaint unless the notice would jeopardize an undercover investigation.
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 15 - Judicial Review, Enforcement, and Penalties › Subchapter D. Cease and Desist Orders › Section 15.101. Application of Subchapter

Sec. 15.101.  APPLICATION OF SUBCHAPTER.  This subchapter applies only to a person to whom Subtitle B applies.
Added by Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 1.06, eff. September 1, 2013.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 15 - Judicial Review, Enforcement, and Penalties › Subchapter D. Cease and Desist Orders › Section 15.102. Rules

Sec. 15.102.  RULES.  The commission shall adopt rules to implement this subchapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 1.06, eff. September 1, 2013.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 15 - Judicial Review, Enforcement, and Penalties › Subchapter D. Cease and Desist Orders › Section 15.103. Proceedings Under Other Law

Sec. 15.103.  PROCEEDINGS UNDER OTHER LAW.  The commission may proceed solely under this subchapter or under this subchapter in conjunction with other applicable law.
Added by Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 1.06, eff. September 1, 2013.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 15 - Judicial Review, Enforcement, and Penalties › Subchapter D. Cease and Desist Orders › Section 15.104. Authority to Issue Order

Sec. 15.104.  AUTHORITY TO ISSUE ORDER.  (a)  The commission on its own motion may issue a cease and desist order:
(1)  after providing notice and an opportunity for a hearing if practicable or without notice or opportunity for a hearing; and
(2)  if the commission determines that the conduct of a person:
(A)  poses a threat to continuous and adequate electric service;
(B)  is hazardous;
(C)  creates an immediate danger to the public safety; or
(D)  is causing or can be reasonably expected to cause an immediate injury to a customer of electric services and that the injury is incapable of being repaired or rectified by monetary compensation.
(b)  The commission by order or rule may delegate to the executive director the authority to issue cease and desist orders under this subchapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 1.06, eff. September 1, 2013.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 15 - Judicial Review, Enforcement, and Penalties › Subchapter D. Cease and Desist Orders › Section 15.105. Notice

Sec. 15.105.  NOTICE.  (a)  Notice of a proposed order must be given not later than the 10th day before the date set for a hearing if the commission requires notice and hearing before issuing the order.
(b)  On issuance of an order under Section 15.104 with or without a hearing, the commission shall serve on the person affected by the order an order that:
(1)  contains a statement of the charges; and
(2)  requires the person immediately to cease and desist from the acts, methods, or practices stated in the order.
(c)  The commission shall serve the order by registered or certified mail, return receipt requested, to the person's last known address.
Added by Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 1.06, eff. September 1, 2013.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 15 - Judicial Review, Enforcement, and Penalties › Subchapter D. Cease and Desist Orders › Section 15.106. Hearing

Sec. 15.106.  HEARING.  (a) Chapter 2001, Government Code, does not apply to the issuance of a cease and desist order under this subchapter without a hearing.  A hearing conducted before or after issuance of an order under this subchapter is a contested case under Chapter 2001, Government Code.
(b)  If the commission issues an order under this subchapter without a hearing, the person affected by the order may request a hearing to affirm, modify, or set aside the order.  A request must be submitted not later than the 30th day after the date the person receives the order.  The commission shall set the hearing for a date that is:
(1)  not later than the 10th day after the date the commission receives a request for a hearing; or
(2)  agreed to by the person and the commission.
(c)  At or following the hearing, the commission shall wholly or partly affirm, modify, or set aside the order.  If the person affected by an order does not request a hearing in the manner provided by Subsection (b) and the commission does not hold a hearing on the order, the order is affirmed without further action by the commission.
(d)  The commission may hold a hearing under this subchapter or may authorize the State Office of Administrative Hearings to hold the hearing.
Added by Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 1.06, eff. September 1, 2013.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 15 - Judicial Review, Enforcement, and Penalties › Subchapter D. Cease and Desist Orders › Section 15.107. Effect of Order Pending Hearing

Sec. 15.107.  EFFECT OF ORDER PENDING HEARING.  Pending a hearing under this subchapter, an order continues in effect unless the order is stayed by the commission.
Added by Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 1.06, eff. September 1, 2013.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 16 - Commission Financing › Subchapter A. Assessment on Public Utilities › Section 16.001. Assessment on Public Utilities

Sec. 16.001.  ASSESSMENT ON PUBLIC UTILITIES.  (a)  To defray the expenses incurred in the administration of this title, an assessment is imposed on each public utility, retail electric provider, and electric cooperative within the jurisdiction of the commission that serves the ultimate consumer, including each interexchange telecommunications carrier.
(b)  An assessment under this section is equal to one-sixth of one percent of the public utility's, retail electric provider's, or electric cooperative's gross receipts from rates charged to the ultimate consumer in this state.
(c)  An interexchange telecommunications carrier that does not provide local exchange telephone service may collect the fee imposed under this section as an additional item separately stated on the customer bill as "utility gross receipts assessment."
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 405, Sec. 10, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle A - Provisions Applicable to All Utilities › Chapter 16 - Commission Financing › Subchapter A. Assessment on Public Utilities › Section 16.002. Payment Dates

Sec. 16.002.  PAYMENT DATES.  (a)  The assessment is due August 15.
(b)  A public utility may instead make quarterly payments due August 15, November 15, February 15, and May 15.
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 A. Assessment on Public Utilities › Section 16.003. Late Payment Penalty

Sec. 16.003.  LATE PAYMENT PENALTY.  (a)  An additional fee equal to 10 percent of the amount due shall be assessed for any late payment of an assessment required under this subchapter.
(b)  An assessment delinquent for more than 30 days accrues interest at an annual rate of 12 percent on the amount of the assessment and penalty due.
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 A. Assessment on Public Utilities › Section 16.004. Collection by Comptroller

Sec. 16.004.  COLLECTION BY COMPTROLLER.  The comptroller shall collect the assessment and any penalty or interest due under this subchapter.
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 B. Grants and Other Financial Assistance › Section 16.021. Grants of Federal Funds

Sec. 16.021.  GRANTS OF FEDERAL FUNDS.  (a)  The commission may apply to an appropriate agency or officer of the United States to receive and spend federal funds available by grant or other similar form of financial assistance.
(b)  This section does not impair the ability of the commission to contract with or receive assistance from a state, local, or other authorized source of funds.
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 16.041. Application of State Funds Reform Act

Sec. 16.041.  APPLICATION OF STATE FUNDS REFORM ACT.  Money paid to the commission or to the office under this title is subject to Subchapter F, Chapter 404, 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 16.042. Accounting Records

Sec. 16.042.  ACCOUNTING RECORDS.  The commission shall keep the accounting records required by the comptroller.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.