reglab/statecodes huggingface dataset:
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 32.053. Ability of Certain River Authority Affiliates to Construct Improvements

Sec. 32.053.  ABILITY OF CERTAIN RIVER AUTHORITY AFFILIATES TO CONSTRUCT IMPROVEMENTS.  (a)  This section applies only to a corporation that:
(1)  sells electricity exclusively at wholesale, and not to ultimate consumers;
(2)  is authorized by Chapter 152, Water Code;  and
(3)  acts on behalf of a river authority.
(b)  Notwithstanding a river authority's enabling legislation or Chapter 152, Water Code, a corporation may:
(1)  acquire, finance, construct, rebuild, repower, operate, or sell a facility directly related to the generation of electricity;
(2)  sell, at wholesale only, the output of the facility to a purchaser, other than an ultimate consumer, at any location in this state;  and
(3)  purchase and sell electricity, at wholesale only, to a purchaser, other than an ultimate consumer, at any location in this state.
(c)  This subchapter does not prevent a corporation from purchasing transmission and related services from a river authority.
(d)  Except as provided by this section, the development, financing, ownership, and operation of a facility by a corporation is subject to all other applicable laws.
(e)  The property, gross receipts, and income of a corporation acting on behalf of a river authority under this section are subject to, and the corporation shall pay, taxes and assessments of the federal government, this state, a political subdivision of this state, or a taxing district of this state on the same basis as an exempt wholesale generator.
(f)  The proceeds from the sale of bonds or other obligations the interest on which is exempt from taxation and that are issued by a corporation or river authority subject to this section, other than a bond or obligation available to an investor-owned utility or exempt wholesale generator, may not be used by the corporation to finance the construction or acquisition of or the rebuilding or repowering of a facility for the generation of electricity by the corporation.
(g)  Notwithstanding any other law, the board of directors of a river authority may sell, lease, loan, or otherwise transfer some, all, or substantially all of the electric generation property of the river authority to a nonprofit corporation authorized under this section or Chapter 152, Water Code. The property transfer shall be made under terms and conditions approved by the board of directors of the river authority.
(h)  Subsections (a)-(f) do not apply to a corporation created under Chapter 152, Water Code, to serve an area described in Section 32.052.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 405, Sec. 14, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1420, Sec. 8.400, eff. Sept. 1, 2001.
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 32.054. Restrictions on Authority of Corporations or River Authority

Sec. 32.054.  RESTRICTIONS ON AUTHORITY OF CORPORATIONS OR RIVER AUTHORITY.  (a)  This subchapter does not authorize a river authority to acquire, install, construct, make additions to, or operate steam generating plants having an aggregate capacity greater than 5,000 megawatts to serve a purchaser in the area served by the river authority on January 1, 1975.
(b)  A river authority or a corporation acting on behalf of a river authority under this subchapter may provide retail service only to a retail customer served by the river authority or corporation on September 1, 1995.
(c)  Except as provided by this subchapter, this subchapter does not limit a power granted a river authority in its enabling legislation or other applicable law.
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 C. Required Reports and Filings › Section 32.101. Tariff Filings

Sec. 32.101.  TARIFF FILINGS.  (a)  An electric utility shall file with each regulatory authority a tariff showing each rate that is:
(1)  subject to the regulatory authority's original or appellate jurisdiction;  and
(2)  in effect for a utility service, product, or commodity offered by the utility.
(b)  The electric utility shall file as a part of the tariff required under Subsection (a) each rule that relates to or affects:
(1)  a rate of the utility;  or
(2)  a utility service, product, or commodity furnished by the electric utility.
(c)  The commission shall consider customer names and addresses, prices, individual customer contracts, and expected load and usage data as highly sensitive trade secrets.  That information 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 B - Electric Utilities › Chapter 32 - Jurisdiction and Powers of Commission and Other Regulatory Authorities › Subchapter C. Required Reports and Filings › Section 32.102. Depreciation Account

Sec. 32.102.  DEPRECIATION ACCOUNT.  The commission shall require each electric or municipally owned utility to carry a proper and adequate depreciation account in accordance with:
(1)  the rates and methods prescribed by the commission under Section 36.056;  and
(2)  any other rule the commission adopts.
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 C. Required Reports and Filings › Section 32.103. Accounts of Profits and Losses

Sec. 32.103.  ACCOUNTS OF PROFITS AND LOSSES.  An electric or municipally owned utility shall keep separate accounts showing profits or losses from the sale or lease of merchandise, including an appliance, a fixture, or equipment.
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 C. Required Reports and Filings › Section 32.104. Report of Certain Expenses

Sec. 32.104.  REPORT OF CERTAIN EXPENSES.  A regulatory authority may require an electric utility to annually report the utility's expenditures for:
(1)  business gifts and entertainment;  and
(2)  advertising or public relations, including expenditures for institutional and consumption-inducing purposes.
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 33 - Jurisdiction and Powers of Municipality › Subchapter A. General Provisions › Section 33.001. Municipal Jurisdiction

Sec. 33.001.  MUNICIPAL JURISDICTION.  (a)  To provide fair, just, and reasonable rates and adequate and efficient services, the governing body of a municipality has exclusive original jurisdiction over the rates, operations, and services of an electric utility in areas in the municipality, subject to the limitations imposed by this title.
(b)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 727 (H.B. 3853), Sec. 2, eff. June 15, 2021.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 1, eff. September 7, 2005.
Acts 2021, 87th Leg., R.S., Ch. 727 (H.B. 3853), Sec. 2, eff. June 15, 2021.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 33 - Jurisdiction and Powers of Municipality › Subchapter A. General Provisions › Section 33.002. Surrender of Municipal Jurisdiction to Commission

Sec. 33.002.  SURRENDER OF MUNICIPAL JURISDICTION TO COMMISSION.  (a)  A municipality shall regulate all local utility service in the municipality until the commission assumes jurisdiction over a local utility under this subtitle.
(b)  A municipality may elect to have the commission exercise exclusive original jurisdiction over electric utility rates, operations, and services in the municipality by ordinance or by submitting the question of the surrender of its jurisdiction to the voters at a municipal election.
(c)  The governing body of a municipality shall submit at a municipal election the question of surrendering its jurisdiction to the commission if the governing body receives a petition signed by a number of qualified voters of the municipality equal to at least the lesser of 20,000 or 10 percent of the number of voters voting in the last preceding general election in the municipality.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 33 - Jurisdiction and Powers of Municipality › Subchapter A. General Provisions › Section 33.003. Reinstatement of Municipal Jurisdiction

Sec. 33.003.  REINSTATEMENT OF MUNICIPAL JURISDICTION.  (a)  A municipality that surrenders its jurisdiction to the commission may at any time reinstate its jurisdiction by a vote of the electorate.
(b)  A municipality that reinstates its jurisdiction under Subsection (a) may not surrender that jurisdiction before the fifth anniversary of the date of the election in which the municipality elected to reinstate its jurisdiction.
(c)  A municipality may not, by a vote of the electorate, reinstate the jurisdiction of the governing body during the time a case involving the municipality is pending before the commission.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 33 - Jurisdiction and Powers of Municipality › Subchapter A. General Provisions › Section 33.004. Area Exempt From Commission Regulation

Sec. 33.004.  AREA EXEMPT FROM COMMISSION REGULATION.  (a)  If a municipality does not surrender its jurisdiction, local utility service in the municipality is exempt from regulation by the commission under this subtitle to the extent that this subtitle applies to local service.
(b)  The municipality may exercise in the exempt area the same regulatory powers under the same standards and rules as the commission or under other consistent standards and rules.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 33 - Jurisdiction and Powers of Municipality › Subchapter A. General Provisions › Section 33.005. Exempt Area Reporting

Sec. 33.005.  EXEMPT AREA REPORTING.  (a)  An electric utility serving an area exempt from commission regulation is subject to the reporting requirements of this title.
(b)  A report must be filed with:
(1)  the governing body of the municipality;  and
(2)  the commission.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 33 - Jurisdiction and Powers of Municipality › Subchapter A. General Provisions › Section 33.006. Commission Powers in Nonexempt Areas

Sec. 33.006.  COMMISSION POWERS IN NONEXEMPT AREAS.  This subchapter does not limit the duty and power of the commission to regulate the service and rates of a municipally regulated electric utility for service provided to another area in this state.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 33 - Jurisdiction and Powers of Municipality › Subchapter A. General Provisions › Section 33.007. Allowable Charges

Sec. 33.007.  ALLOWABLE CHARGES.  A municipality that performs a regulatory function under this title may make each charge that is authorized by:
(1)  this title;  or
(2)  the applicable franchise agreement.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 33 - Jurisdiction and Powers of Municipality › Subchapter B. Rate Determination › Section 33.021. Rate Determination

Sec. 33.021.  RATE DETERMINATION.  (a)  A municipality regulating an electric utility under this subtitle shall require the utility to submit information as necessary to make a reasonable determination of rate base, expenses, investment, and rate of return in the municipality.
(b)  A municipality shall make a determination under Subsection (a) using the procedures and requirements prescribed by this title.
(c)  A municipality shall retain personnel necessary to make the determination of reasonable rates.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 33 - Jurisdiction and Powers of Municipality › Subchapter B. Rate Determination › Section 33.0211. Rates and Fees Charged by Certain Municipally Owned Utilities

Sec. 33.0211.  RATES AND FEES CHARGED BY CERTAIN MUNICIPALLY OWNED UTILITIES.  (a)  This section applies only to a municipally owned utility that is located in a municipality that is considered to be a defunding municipality under Chapter 109, Local Government Code.
(b)  The governing body of a municipally owned utility may not charge a customer:
(1)  at a rate higher than the rate the customer was charged or would have been charged on January 1 of the year that the municipality was determined to be a defunding municipality;
(2)  any customer fees in amounts higher than the customer fees the customer was charged or would have been charged on January 1 of the year that the municipality was determined to be a defunding municipality; or
(3)  any types of customer fees that the customer was not charged or would not have been charged on January 1 of the year that the municipality was determined to be a defunding municipality.
(c)  If a municipally owned utility has not transferred funds to the defunding municipality described by Subsection (a) in the immediately preceding 12 months, the municipally owned utility may increase its rates to account for:
(1)  pass-through charges imposed by a state regulatory body or the independent organization certified under Section 39.151;
(2)  fuel, hedging, or wholesale power cost increases; or
(3)  fulfillment of debt obligations or compliance with Chapter 1502, Government Code.
(d)  A municipally owned utility that increases rates under Subsection (c) may not transfer funds to the defunding municipality described by Subsection (a) until the date the criminal justice division of the governor's office issues a written determination in accordance with Section 109.005, Local Government Code, finding that the municipality described by Subsection (a) has reversed the reduction described by Section 109.003(1), Local Government Code.
Added by Acts 2021, 87th Leg., R.S., Ch. 199 (H.B. 1900), Sec. 5.01, eff. September 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 22.002, eff. September 1, 2023.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 33 - Jurisdiction and Powers of Municipality › Subchapter B. Rate Determination › Section 33.022. Consideration of Revenues and Return From Nonexempt Area

Sec. 33.022.  CONSIDERATION OF REVENUES AND RETURN FROM NONEXEMPT AREA.  In establishing rates and charges in an area exempt from commission regulation, the governing body may consider an electric utility's revenues and return on investment in an area that is not exempt from commission regulation.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 33 - Jurisdiction and Powers of Municipality › Subchapter B. Rate Determination › Section 33.023. Ratemaking Proceedings

Sec. 33.023.  RATEMAKING PROCEEDINGS.  (a)  The governing body of a municipality participating in or conducting a ratemaking proceeding may engage rate consultants, accountants, auditors, attorneys, and engineers to:
(1)  conduct investigations, present evidence, and advise and represent the governing body;  and
(2)  assist the governing body with litigation in an electric utility ratemaking proceeding before the governing body, a regulatory authority, or a court.
(b)  The electric utility in the ratemaking proceeding shall reimburse the governing body of the municipality for the reasonable cost of the services of a person engaged under Subsection (a) to the extent the applicable regulatory authority determines is reasonable.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 33 - Jurisdiction and Powers of Municipality › Subchapter B. Rate Determination › Section 33.024. Statement of Intent

Sec. 33.024.  STATEMENT OF INTENT.  (a)  Not later than the 31st day before the date an electric utility files a statement of intent under Section 36.102, the electric utility shall provide notice of intent to file the statement to each municipality having original jurisdiction.
(b)  Not later than the 30th day after the date a municipality receives notice under Subsection (a), the municipality may request that the electric utility file with the municipality a statement of intent in accordance with Section 36.102.
(c)  If requested by a municipality under Subsection (b), the electric utility shall file the statement of intent with the municipality at the same time the statement is filed with the commission.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 33 - Jurisdiction and Powers of Municipality › Subchapter B. Rate Determination › Section 33.025. Municipal Standing

Sec. 33.025.  MUNICIPAL STANDING.  (a)  A municipality has standing in each case before the commission that relates to an electric utility providing service in the municipality.
(b)  A municipality's standing is subject to the right of the commission to:
(1)  determine standing in a case involving a retail service area dispute that involves two or more electric utilities;  and
(2)  consolidate municipalities on an issue of common interest.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 33 - Jurisdiction and Powers of Municipality › Subchapter B. Rate Determination › Section 33.026. Judicial Review

Sec. 33.026.  JUDICIAL REVIEW.  A municipality is entitled to judicial review of a commission order relating to an electric utility providing services in the municipality as provided by Section 15.001.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 33 - Jurisdiction and Powers of Municipality › Subchapter C. Appeal of Municipal Order › Section 33.051. Appeal by Party

Sec. 33.051.  APPEAL BY PARTY.  A party to a rate proceeding before a municipality's governing body may appeal the governing body's decision to the commission.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 33 - Jurisdiction and Powers of Municipality › Subchapter C. Appeal of Municipal Order › Section 33.052. Appeal by Residents

Sec. 33.052.  APPEAL BY RESIDENTS.  The residents of a municipality may appeal to the commission the decision of the municipality's governing body in a rate proceeding by filing with the commission a petition for review signed by a number of qualified voters of the municipality equal to at least the lesser of 20,000 or 10 percent of the qualified voters of the municipality.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 33 - Jurisdiction and Powers of Municipality › Subchapter C. Appeal of Municipal Order › Section 33.053. Filing of Appeal

Sec. 33.053.  FILING OF APPEAL.  (a)  An appeal under this subchapter is initiated by filing a petition for review with the commission and serving a copy of the petition on each party to the original rate proceeding.
(b)  The appeal must be initiated not later than the 30th day after the date of the final decision by the governing body of the municipality.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 33 - Jurisdiction and Powers of Municipality › Subchapter C. Appeal of Municipal Order › Section 33.054. Hearing and Order

Sec. 33.054.  HEARING AND ORDER.  (a)  An appeal under this subchapter, Subchapter D, or Subchapter E  is de novo and based on the test year presented to the municipality.
(b)  The commission shall enter a final order establishing the rates the commission determines the municipality should have set in the ordinance to which the appeal applies.
(c)  In a proceeding involving the rates of a municipally owned utility, the commission must enter a final order on or before the 185th day after the date the appeal is perfected or the utility files a rate application as prescribed by Section 33.104.
(d)  In a proceeding in which a rate change is concurrently sought from the commission under the commission's original jurisdiction, the commission must enter a final order on or before the later of the 120th day after the date the appeal is perfected or the date final action must be taken in the proceeding filed with the commission.
(e)  In a proceeding not governed by Subsection (c) or (d), the commission must enter a final order on or before the 185th day after the date the appeal is perfected.
(f)  If the commission fails to enter a final order before the expiration of the applicable period prescribed by Subsections (c)-(e), the rates proposed by the utility are considered to be approved by the commission and take effect on the expiration of that period.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 33 - Jurisdiction and Powers of Municipality › Subchapter C. Appeal of Municipal Order › Section 33.055. Applicability of Rates

Sec. 33.055.  APPLICABILITY OF RATES.  (a)  Temporary or permanent rates set by the commission are prospective and observed from the date of the applicable commission order, except an interim rate order necessary to effect uniform system-wide rates or to provide an electric utility the opportunity to avoid confiscation during the period beginning on the date a petition for review is filed with the commission and ending on the date of a final order establishing rates.
(b)  The commission shall order interim rates on a prima facie showing by the electric utility that it has experienced confiscation during that period.  The electric utility shall refund or credit against future bills:
(1)  money collected under the interim rates in excess of the rate finally ordered;  and
(2)  interest on that money, at the current rate as determined by the commission.
(c)  In this section, "confiscation" includes negative cash flow experienced by an electric utility at any time a rate case proceeding is pending.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 33 - Jurisdiction and Powers of Municipality › Subchapter D. Provisions Applicable to Appeal by Ratepayers Outside Municipality › Section 33.101. Appeal by Ratepayers Outside Municipality

Sec. 33.101.  APPEAL BY RATEPAYERS OUTSIDE MUNICIPALITY.  (a)  The ratepayers of a municipally owned utility who are outside the municipality may appeal to the commission an action of the governing body of the municipality affecting the municipally owned utility's rates by filing with the commission a petition for review signed by a number of ratepayers served by the utility outside the municipality equal to at least the lesser of 10,000 or five percent of those ratepayers.
(b)  A petition for review is properly signed if signed by a person or the spouse of a person in whose name residential utility service is carried.
(c)  For purposes of this section, each person who receives a separate bill is a ratepayer.  A person who receives more than one bill may not be counted as more than one ratepayer.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 33 - Jurisdiction and Powers of Municipality › Subchapter D. Provisions Applicable to Appeal by Ratepayers Outside Municipality › Section 33.102. Identification of Ratepayers Outside Municipality

Sec. 33.102.  IDENTIFICATION OF RATEPAYERS OUTSIDE MUNICIPALITY.  (a)  A municipality that owns a utility shall:
(1)  disclose to any person, on request, the number of ratepayers who reside outside the municipality;  and
(2)  provide to any person, on request, a list of the names and addresses of the ratepayers who reside outside the municipality.
(b)  The municipality may not charge a fee for disclosing the information under Subsection (a)(1).  The municipality may charge a reasonable fee for providing information under Subsection (a)(2).
(c)  The municipality shall provide information requested under Subsection (a)(1) by telephone or in writing, as preferred by the person making the request.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 33 - Jurisdiction and Powers of Municipality › Subchapter D. Provisions Applicable to Appeal by Ratepayers Outside Municipality › Section 33.103. Filing of Appeal

Sec. 33.103.  FILING OF APPEAL.  (a)  Not later than the 14th day after the date a governing body of a municipality makes a final decision, the municipality shall issue a written report stating the effect of the decision on each class of ratepayer.
(b)  An appeal under this subchapter is initiated by filing a petition for review with the commission and serving a copy of the petition on each party to the original rate proceeding.
(c)  The appeal must be initiated not later than the 45th day after the date the municipality issues the written report required by Subsection (a).
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 33 - Jurisdiction and Powers of Municipality › Subchapter D. Provisions Applicable to Appeal by Ratepayers Outside Municipality › Section 33.104. Rate Application

Sec. 33.104.  RATE APPLICATION.  Not later than the 90th day after the date a petition for review is filed that complies with Section 33.103, the municipality shall file with the commission a rate application that complies in all material respects with the rules and forms prescribed by the commission.  The commission may, for good cause shown, extend the period for filing a rate application.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 33 - Jurisdiction and Powers of Municipality › Subchapter E. Rate Determination and Appeal of Orders of Certain Municipal Utilities › Section 33.121. Application of Commission Review

Sec. 33.121.  APPLICATION OF COMMISSION REVIEW.  A municipally owned utility is subject to this subchapter if the utility is a utility:
(1)  whose rates are appealed under Subchapter D;
(2)  for which the commission orders a decrease in annual nonfuel base revenues that exceeds the greater of $25,000,000 or 10 percent of the utility's nonfuel base revenues, as computed on a total system basis without regard to the utility's municipal boundaries and established in the appealed rate ordinance;  and
(3)  for which the commission finds that the rates paid by the combined residential or other major customer class, other than a class in which the municipality is the customer of the municipally owned utility, are removed from cost-of-service levels to the extent that, under the nonfuel base revenue requirement adopted by the commission as computed on a total system basis without regard to the municipality's boundaries, a change in nonfuel base rate revenues in excess of 50 percent from adjusted test year levels would be required to move that class to a relative rate of return of unity (1.00 or 100 percent) under the cost-of-service methodology adopted by the commission in an appeal under Subchapter D.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 34 - Facility Funding › Subchapter A. Texas Energy Fund; Grants and Loans › Section 34.0101. Definitions

Sec. 34.0101.  DEFINITIONS.  In this subchapter:
(1)  "Advisory committee" means the Texas Energy Fund Advisory Committee.
(2)  "Fund" means the Texas energy fund established by Section 49-q, Article III, Texas Constitution.
(3)  "Trust company" means the Texas Treasury Safekeeping Trust Company.
Added by Acts 2023, 88th Leg., R.S., Ch. 465 (S.B. 2627), Sec. 2.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 34 - Facility Funding › Subchapter A. Texas Energy Fund; Grants and Loans › Section 34.0102. Fund

Sec. 34.0102.  FUND.  (a)  The fund is a special fund in the state treasury outside the general revenue fund to be administered and used by the commission for the purposes authorized by this chapter.  The commission may establish separate accounts in the fund.
(b)  The fund and the fund's accounts are kept and held by the trust company for and in the name of the commission.
(c)  Money deposited to the credit of the fund may be used only as provided by this chapter.
(d)  The fund consists of:
(1)  money appropriated, credited, transferred, or deposited to the credit of the fund by or as authorized by law, including money from any source transferred or deposited to the credit of the fund at the commission's discretion;
(2)  revenue that the legislature by statute dedicates for deposit to the credit of the fund;
(3)  investment earnings and interest earned on money in the fund; and
(4)  gifts, grants, and donations contributed to the fund.
Added by Acts 2023, 88th Leg., R.S., Ch. 465 (S.B. 2627), Sec. 2.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 34 - Facility Funding › Subchapter A. Texas Energy Fund; Grants and Loans › Section 34.0103. Grants for Facilities Outside Ercot Power Region

Sec. 34.0103.  GRANTS FOR FACILITIES OUTSIDE ERCOT POWER REGION.  (a)  The commission may use money in the fund without further appropriation to provide grants to be used for transmission and distribution infrastructure and electric generating facilities in this state outside the ERCOT power region for:
(1)  facility modernization;
(2)  facility weatherization;
(3)  reliability and resiliency facility enhancements; or
(4)  vegetation management.
(b)  In evaluating an application for a grant under this section, the commission:
(1)  shall evaluate whether the project for which the grant is requested is reasonable; and
(2)  may consider any other appropriate factors.
(c)  Information submitted to the commission in an application for a grant under this section is confidential and not subject to disclosure under Chapter 552, Government Code.
(d)  Proceeds of a grant received under this section may not be used for:
(1)  compliance with weatherization standards adopted before December 1, 2023; or
(2)  debt payments.
Added by Acts 2023, 88th Leg., R.S., Ch. 465 (S.B. 2627), Sec. 2.
For expiration of this section, see Subsection (m).
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 34 - Facility Funding › Subchapter A. Texas Energy Fund; Grants and Loans › Section 34.0106. Loan and Grant Restrictions

Sec. 34.0106.  LOAN AND GRANT RESTRICTIONS.  (a)  If the commission has more than four pending applications for loans to be made from the fund on the date the commission awards a loan, the amount of the loan awarded may not exceed 25 percent of the fund balance on that date.
(b)  The commission may not provide a loan or a grant under this chapter:
(1)  for a facility that will be used primarily to serve an industrial load or private use network; or
(2)  for the construction or operation of a natural gas transmission pipeline.
(c)  The commission shall require each recipient of a loan under this chapter to enter into a debt covenant that requires the recipient to meet facility performance standards adopted by the commission. The commission by rule shall adopt performance standards for the purposes of this subsection based on reliability metrics appropriate for the types of facilities for which loans may be provided.
(d)  Each facility for which a loan or grant is provided under Section 34.0104 or 34.0105 must participate in the ERCOT wholesale electricity market.
(e)  The commission may provide from the fund:
(1)  for grants under Section 34.0103, not more than $1 billion;
(2)  for loans and grants under Sections 34.0104 and 34.0105, not more than $7.2 billion; and
(3)  for grants or loans under Subchapter B, not more than $1.8 billion.
Added by Acts 2023, 88th Leg., R.S., Ch. 465 (S.B. 2627), Sec. 2.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 34 - Facility Funding › Subchapter A. Texas Energy Fund; Grants and Loans › Section 34.0107. Management and Investment of Fund

Sec. 34.0107.  MANAGEMENT AND INVESTMENT OF FUND.  (a)  The trust company shall hold and invest the fund, and any accounts established in the fund, for and in the name of the commission, taking into account the purposes for which money in the fund may be used.  The fund may be invested with the state treasury pool and commingled with other investments.
(b)  The overall objective for the investment of the fund is to maintain sufficient liquidity to meet the needs of the fund while striving to preserve the purchasing power of the fund over a full economic cycle.
(c)  In managing the assets of the fund, the trust company may acquire, exchange, sell, supervise, manage, or retain any kind of investment that a prudent investor, exercising reasonable care, skill, and caution, would acquire or retain in light of the purposes, terms, distribution requirements, and other circumstances of the fund then prevailing, taking into consideration the investment of all the assets of the fund rather than a single investment.
(d)  The reasonable expenses of managing the fund's assets shall be paid from the fund.
(e)  The trust company annually shall provide a written report to the commission and to the advisory committee with respect to the investment of the fund.
(f)  The trust company shall adopt a written investment policy that is appropriate for the fund.  The trust company shall present the investment policy to the investment advisory board established under Section 404.028, Government Code.  The investment advisory board shall submit to the trust company recommendations regarding the policy.
(g)  The commission annually shall provide to the trust company a forecast of the cash flows into and out of the fund.  The commission shall provide updates to the forecasts as appropriate to ensure that the trust company is able to achieve the objective specified by Subsection (b).
(h)  The trust company shall disburse money from the fund as directed by the commission.
Added by Acts 2023, 88th Leg., R.S., Ch. 465 (S.B. 2627), Sec. 2.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 34 - Facility Funding › Subchapter A. Texas Energy Fund; Grants and Loans › Section 34.0108. Receivership of Default Generating Facility

Sec. 34.0108.  RECEIVERSHIP OF DEFAULT GENERATING FACILITY.  (a) In this section, "default" means:
(1)  default in payment of the principal of or interest on a loan; or
(2)  a failure to perform any of the terms of a loan.
(b)  The state, including the commission, the advisory committee, and the trust company, may not retain an ownership interest in a project or facility for which a loan is provided under this chapter.
(c)  In the event of a default on a loan made under this chapter, at the request of the commission, the attorney general shall bring suit in a district court in Travis County for the appointment of a receiver to collect the assets and carry on the business of a loan recipient if the action is necessary to cure a default by the recipient.
(d)  The court shall vest a receiver appointed by the court with any power or duty the court finds necessary to cure the default, including the power or duty to:
(1)  perform audits;
(2)  direct ongoing operation of the assets;
(3)  fund reserve accounts;
(4)  make payments of the principal of or interest on bonds, securities, or other obligations; and
(5)  take any other action necessary to prevent or to remedy the default, including the sale of assets.
(e)  The receiver shall execute a bond in an amount to be set by the court to ensure the proper performance of the receiver's duties.
(f)  After appointment and execution of bond, the receiver shall take possession of the books, records, accounts, and assets of the defaulting loan recipient specified by the court.  Until discharged by the court, the receiver shall perform the duties that the court directs and shall strictly observe the final order involved.
(g)  On a showing of good cause by the defaulting loan recipient, the court may dissolve the receivership.
Added by Acts 2023, 88th Leg., R.S., Ch. 465 (S.B. 2627), Sec. 2.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 34 - Facility Funding › Subchapter A. Texas Energy Fund; Grants and Loans › Section 34.0109. Texas Energy Fund Advisory Committee

Sec. 34.0109.  TEXAS ENERGY FUND ADVISORY COMMITTEE.  (a)  The advisory committee is composed of the following six members:
(1)  three members of the senate appointed by the lieutenant governor, including:
(A)  a member of the committee of the senate having primary jurisdiction over matters relating to the generation of electricity; and
(B)  a member of the committee of the senate having primary jurisdiction over finance; and
(2)  three members of the house of representatives appointed by the speaker of the house of representatives, including:
(A)  a member of the committee of the house of representatives having primary jurisdiction over the generation of electricity; and
(B)  a member of the committee of the house of representatives having primary jurisdiction over finance.
(b)  A member of the advisory committee serves at the will of the person who appointed the member.
(c)  The lieutenant governor shall appoint a co-presiding officer of the advisory committee from among the members appointed by the lieutenant governor.  The speaker of the house of representatives shall appoint a co-presiding officer of the advisory committee from among the members appointed by the speaker.
(d)  The advisory committee may hold public hearings, formal meetings, and work sessions.  Either co-presiding officer of the advisory committee may call a public hearing, formal meeting, or work session of the advisory committee at any time.  The advisory committee may not take formal action at a public hearing, formal meeting, or work session unless a quorum of the committee is present.
(e)  Except as otherwise provided by this subsection, a member of the advisory committee is not entitled to receive compensation for service on the committee or reimbursement for expenses incurred in the performance of official duties as a member of the committee.  Service on the advisory committee by a member of the senate or house of representatives is considered legislative service for which the member is entitled to reimbursement and other benefits in the same manner and to the same extent as for other legislative service.
(f)  The advisory committee:
(1)  may provide comments and recommendations to the commission for the commission to use in adopting rules regarding the use of the fund or on any other matter; and
(2)  shall review the overall operation, function, and structure of the fund at least semiannually.
(g)  The advisory committee may adopt rules, procedures, and policies as needed to administer this section and implement its responsibilities.
(h)  Chapter 2110, Government Code, does not apply to the size, composition, or duration of the advisory committee.
(i)  The advisory committee is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the advisory committee is abolished September 1, 2035.
Added by Acts 2023, 88th Leg., R.S., Ch. 465 (S.B. 2627), Sec. 2.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 34 - Facility Funding › Subchapter A. Texas Energy Fund; Grants and Loans › Section 34.0110. Rules

Sec. 34.0110.  RULES.  (a)  The commission by rule may establish procedures for:
(1)  the application for and award of a grant or loan under this chapter; and
(2)  the administration of the fund.
(b)  The commission shall give full consideration to comments and recommendations of the advisory committee.
Added by Acts 2023, 88th Leg., R.S., Ch. 465 (S.B. 2627), Sec. 2.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 34 - Facility Funding › Subchapter B. Texas Power Promise: Backup Power Packages › Section 34.0201. Definition

Sec. 34.0201.  DEFINITION.  In this subchapter, "Texas backup power package" means a stand-alone, behind-the-meter, multiday backup power source that can be used for islanding.
Added by Acts 2023, 88th Leg., R.S., Ch. 465 (S.B. 2627), Sec. 2.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 34 - Facility Funding › Subchapter B. Texas Power Promise: Backup Power Packages › Section 34.0202. Purpose

Sec. 34.0202.  PURPOSE.  The purpose of this subchapter is to facilitate and provide funding for the design, procurement, installation, and use of Texas backup power packages to ensure the reliability or adequacy of an electric power grid in this state for facilities on which communities rely for health, safety, and well-being.
Added by Acts 2023, 88th Leg., R.S., Ch. 465 (S.B. 2627), Sec. 2.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 34 - Facility Funding › Subchapter B. Texas Power Promise: Backup Power Packages › Section 34.0203. Commission Duties

Sec. 34.0203.  COMMISSION DUTIES.  (a)  The commission shall convene an advisory committee in the manner provided by Chapter 2110, Government Code.
(b)  The advisory committee shall recommend criteria for the commission to employ in making a grant or loan under this subchapter.
(c)  The commission shall contract with a research entity that has experience in microgrid design to analyze critical facility characteristics and requirements in this state and develop for Texas backup power packages:
(1)  sets of specifications for standard backup power packages of various sizes that can serve most critical facilities in this state; and
(2)  specifications for standard interconnection, communications, and controls for Texas backup power packages.
Added by Acts 2023, 88th Leg., R.S., Ch. 465 (S.B. 2627), Sec. 2.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 34 - Facility Funding › Subchapter B. Texas Power Promise: Backup Power Packages › Section 34.0204. Texas Backup Power Packages

Sec. 34.0204.  TEXAS BACKUP POWER PACKAGES.  The commission may use money in the Texas energy fund without further appropriation to provide a grant or loan for the operation of a Texas backup power package that:
(1)  is engineered to minimize operation costs;
(2)  uses interconnection technology and controls that enable immediate islanding from the power grid and stand-alone operation for the host facility;
(3)  is capable of operating for at least 48 continuous hours without refueling or connecting to a separate power source;
(4)  is designed so that one or more Texas backup power packages can be aggregated on-site to serve not more than 2.5 megawatts of load at the host facility;
(5)  provides power sourced from:
(A)  a combination of natural gas or propane with photovoltaic panels and battery storage; or
(B)  battery storage on an electric school bus; and
(6)  is not used by the owner or host facility for the sale of energy or ancillary services.
Added by Acts 2023, 88th Leg., R.S., Ch. 465 (S.B. 2627), Sec. 2.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 34 - Facility Funding › Subchapter B. Texas Power Promise: Backup Power Packages › Section 34.0205. Grants and Loans

Sec. 34.0205.  GRANTS AND LOANS.  (a)  The commission by rule may establish procedures for the application for and award of a grant or loan under this subchapter.
(b)  The amount of a grant provided under this subchapter may not exceed $500 per kilowatt of capacity.
(c)  The commission may provide a loan under this subchapter for procurement and operating costs.
(d)  The commission shall maintain and publish a list of approved vendors eligible to assist with the sale, installation, operation, and ongoing maintenance of Texas backup power packages.
(e)  The commission may not provide a grant or loan under this subchapter for:
(1)  a commercial energy system, a private school, or a for-profit entity that does not directly serve public safety and human health; or
(2)  a source of backup power that does not follow the design and use standards of a Texas backup power package.
Added by Acts 2023, 88th Leg., R.S., Ch. 465 (S.B. 2627), Sec. 2.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 35 - Energy Providers › Subchapter A. Competition and Transmission Access in the Wholesale Market › Section 35.001. Definition

Sec. 35.001.  DEFINITION.  In this subchapter, "electric utility" includes a municipally owned utility and an electric cooperative.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 405, Sec. 16, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 35 - Energy Providers › Subchapter A. Competition and Transmission Access in the Wholesale Market › Section 35.002. Right to Compete at Wholesale

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