reglab/statecodes huggingface dataset:
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter C. General Procedures for Rate Change Proposed by Utility › Section 53.103. Notice of Intent to Change Rates

Sec. 53.103.  NOTICE OF INTENT TO CHANGE RATES.  (a)  The utility shall:
(1)  publish, in conspicuous form and place, notice to the public of the proposed change once each week for four successive weeks before the effective date of the proposed change in a newspaper having general circulation in each county containing territory affected by the proposed change;  and
(2)  mail notice of the proposed change to any other affected person as required by the commission's rules.
(b)  The commission may waive the publication of notice requirement prescribed by Subsection (a) in a proceeding that involves only a rate reduction for each affected ratepayer.  The applicant shall give notice of the proposed rate change by mail to each affected utility customer.
(c)  The commission by rule shall define other proceedings for which the publication of notice requirement prescribed by Subsection (a) may be waived on a showing of good cause.  A waiver may not be granted in a proceeding involving a rate increase to any class or category of 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 C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter C. General Procedures for Rate Change Proposed by Utility › Section 53.104. Early Effective Date of Rate Change

Sec. 53.104.  EARLY EFFECTIVE DATE OF RATE CHANGE.  (a)  For good cause shown, the commission may allow a rate change, other than a major change, to take effect:
(1)  before the end of the 35-day period prescribed by Section 53.102;  and
(2)  under conditions the commission prescribes, subject to suspension as provided by this subchapter.
(b)  The utility shall immediately revise its tariffs to include the change.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter C. General Procedures for Rate Change Proposed by Utility › Section 53.105. Determination of Propriety of Change; Hearing

Sec. 53.105.  DETERMINATION OF PROPRIETY OF CHANGE;  HEARING.  (a)  If a tariff changing rates is filed with the commission, the commission shall, on complaint by an affected person, or may, on its own motion, not later than the 30th day after the effective date of the change, enter on a hearing to determine the propriety of the change.
(b)  The commission shall hold a hearing in every case in which the change constitutes a major change.  The commission may, however, use an informal proceeding if the commission does not receive a complaint before the 46th day after the date notice of the change is filed.
(c)  The commission shall give reasonable notice of the hearing, including notice to the governing body of each affected municipality and county.  The utility is not required to provide a formal answer or file any other formal pleading in response to the notice, and the absence of an answer does not affect an order for a hearing.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter C. General Procedures for Rate Change Proposed by Utility › Section 53.106. Regional Hearing

Sec. 53.106.  REGIONAL HEARING.  The commission shall hold a regional hearing at an appropriate location in a case in which the commission determines it is in the public interest to hear testimony at a regional hearing for inclusion in the record.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter C. General Procedures for Rate Change Proposed by Utility › Section 53.107. Preference to Hearing

Sec. 53.107.  PREFERENCE TO HEARING.  The commission shall:
(1)  give preference to a hearing under this subchapter and to deciding questions arising under this subchapter and Subchapter E  over any other question pending before it;  and
(2)  decide the questions as quickly as possible.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter C. General Procedures for Rate Change Proposed by Utility › Section 53.108. Rate Suspension; Deadline

Sec. 53.108.  RATE SUSPENSION;  DEADLINE.  (a)  Pending the hearing and a decision, the commission, after delivering to the utility a written statement of the commission's reasons, may suspend the rate change for not longer than 150 days after the date the rate change would otherwise be effective.
(b)  The 150-day period prescribed by Subsection (a) shall be extended two days for each day the actual hearing on the merits of the case exceeds 15 days.
(c)  If the commission does not make a final determination concerning a rate change before expiration of the suspension period, the commission is considered to have approved the change.  This approval is subject to the authority of the commission thereafter to continue a hearing in progress.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter C. General Procedures for Rate Change Proposed by Utility › Section 53.109. Temporary Rates

Sec. 53.109.  TEMPORARY RATES.  (a)  The commission may establish temporary rates to be in effect during the suspension period under Section 53.108.
(b)  If the commission does not establish temporary rates, the rates in effect when the suspended tariff was filed continue in effect during the suspension 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 C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter C. General Procedures for Rate Change Proposed by Utility › Section 53.110. Bonded Rates

Sec. 53.110.  BONDED RATES.  (a)  A utility may put a changed rate into effect by filing a bond with the commission if:
(1)  the 150-day suspension period has been extended under Section 53.108(b);  and
(2)  the commission fails to make a final determination before the 151st day after the date the rate change would otherwise be effective.
(b)  The bonded rate may not exceed the proposed rate.
(c)  The bond must be:
(1)  payable to the commission in an amount, in a form, and with a surety approved by the commission;  and
(2)  conditioned on refund.
(d)  The utility shall refund or credit against future bills:
(1)  money collected under the bonded rates in excess of the rate finally ordered;  and
(2)  interest on that money, at the current interest rate as determined 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 C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter C. General Procedures for Rate Change Proposed by Utility › Section 53.111. Establishment of Final Rates

Sec. 53.111.  ESTABLISHMENT OF FINAL RATES.  (a)  If, after hearing, the commission finds the rates are unreasonable or in violation of law, the commission shall:
(1)  enter an order establishing the rates the utility shall charge or apply for the service in question;  and
(2)  serve a copy of the order on the utility.
(b)  The rates established in the order shall be observed thereafter until changed as provided by this title.
(c)  This section does not apply to a company electing under Chapter 58 or 59 except as otherwise provided by those chapters or by Chapter 60.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter C. General Procedures for Rate Change Proposed by Utility › Section 53.112. Expiration of Suspension; Effect on Certain Rates

Sec. 53.112.  EXPIRATION OF SUSPENSION;  EFFECT ON CERTAIN RATES.  (a)  Notwithstanding Section 53.111(a), if the commission does not make a final determination concerning an incumbent local exchange company's rate change before expiration of the 150-day suspension period, the rates finally approved by the commission take effect on and the incumbent local exchange company is entitled to collect those rates from the date the 150-day suspension period expired.
(b)  A surcharge or other charge necessary to effectuate this section may not be recovered over a period of less than 90 days from the date of the commission's final order.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter C. General Procedures for Rate Change Proposed by Utility › Section 53.113. Fcc-Approved Tariffs for Switched-Access Service

Sec. 53.113.  FCC-APPROVED TARIFFS FOR SWITCHED-ACCESS SERVICE.  (a)  An incumbent local exchange company may file with the commission tariffs for switched-access service that have been approved by the Federal Communications Commission.  The tariffs must include all rate elements in the company's interstate access tariff other than end-user charges.
(b)  Not later than the 60th day after the date a company files tariffs under Subsection (a), the commission shall order the rates and terms to be the incumbent local exchange company's intrastate switched-access rates and terms if, on review, the tariffs contain the same rates and terms, excluding end-user charges, as approved by the Federal Communications 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 C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter D. Rate Changes Proposed by Commission › Section 53.151. Unreasonable or Violative Existing Rates

Sec. 53.151.  UNREASONABLE OR VIOLATIVE EXISTING RATES.  (a)  If the commission, on its own motion or on complaint by an affected person, after reasonable notice and hearing, finds that the existing rates of a public utility for a service are unreasonable or in violation of law, the commission shall:
(1)  enter an order establishing the just and reasonable rates to be observed thereafter, including maximum or minimum rates;  and
(2)  serve a copy of the order on the utility.
(b)  The rates established under Subsection (a) constitute the legal rates of the public utility until changed as provided by this title.
(c)  This section does not apply to a company electing under Chapter 58 or Chapter 59 except as otherwise provided by those chapters.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter D. Rate Changes Proposed by Commission › Section 53.152. Investigating Costs of Obtaining Service From Another Source

Sec. 53.152.  INVESTIGATING COSTS OF OBTAINING SERVICE FROM ANOTHER SOURCE.  If a public utility does not produce or generate the service that it distributes, transmits, or furnishes to the public for compensation but obtains the service from another source, the commission may investigate the cost of that production or generation in an investigation of the reasonableness of the utility's 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 C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter E. Cost Recovery and Rate Adjustments › Section 53.201. Automatic Adjustment for Change in Costs Prohibited

Sec. 53.201.  AUTOMATIC ADJUSTMENT FOR CHANGE IN COSTS PROHIBITED.  The commission may not establish a rate or tariff that authorizes a utility to automatically adjust and pass through to the utility's customers a change in the utility's costs.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter F. Regulatory Policy for Small Incumbent Local Exchange Companies and Cooperatives › Section 53.251. General Policy

Sec. 53.251.  GENERAL POLICY.  Regulatory policy should recognize that:
(1)  there are differences between small and large incumbent local exchange companies;
(2)  there are a large number of customer-owned telephone cooperatives and small, locally owned investor companies;  and
(3)  it is appropriate to provide incentives and flexibility to allow an incumbent local exchange company that serves a rural area to:
(A)  provide existing services;  and
(B)  introduce new technology and new services in a prompt, efficient, and economical manner.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter F. Regulatory Policy for Small Incumbent Local Exchange Companies and Cooperatives › Section 53.252. Adoption of Certain Policies

Sec. 53.252.  ADOPTION OF CERTAIN POLICIES.  Notwithstanding any other provision of this title, the commission shall consider and may adopt policies to:
(1)  provide for evaluation of the overall reasonableness of the rates of a rural or small incumbent local exchange company or cooperative not more frequently than once every three years;
(2)  permit consideration of future construction plans and operational changes in evaluating the reasonableness of the rates of a rural or small incumbent local exchange company or cooperative;  or
(3)  allow a rural or small incumbent local exchange company or cooperative to:
(A)  provide required information by report or by other means, as necessary, including a required rate filing package, in substantially less burdensome and complex form than is required of a larger incumbent local exchange company;
(B)  change depreciation and amortization rates, if customer rates are not affected, after notice to the commission, subject to commission review in a proceeding under Subchapter C or Subchapter D;
(C)  adopt for a new service the rates for the same or a substantially similar service offered by a larger incumbent local exchange company, without additional cost justification;  and
(D)  submit to the commission, instead of a management audit otherwise required by law, policy, or rule, financial audits regularly performed by an independent auditor or required and performed as a result of the company's or cooperative's participation in a federal or state financing or revenue-sharing program.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter G. Special Procedures for Small Local Exchange Companies and Cooperatives › Section 53.301. Definition

Sec. 53.301.  DEFINITION.  (a)  In this subchapter, "minor change" means a change, including the restructuring of rates of existing services, that:
(1)  decreases the rates or revenues of an incumbent local exchange company; or
(2)  together with any other rate change or approved tariff changes in the 12 months preceding the effective date of the proposed change, increases the company's total regulated intrastate gross annual revenues by not more than five percent.
(b)  With regard to a change to a basic local access line rate, a "minor change" does not include a change that, together with any other change to the basic local access line rate that took effect during the 12 months preceding the effective date of the proposed change, results in an increase of more than 50 percent.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 118 (H.B. 2680), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter G. Special Procedures for Small Local Exchange Companies and Cooperatives › Section 53.302. Applicability

Sec. 53.302.  APPLICABILITY.  This subchapter does not apply to an incumbent local exchange company that is a cooperative corporation partially deregulated under Subchapter H.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter G. Special Procedures for Small Local Exchange Companies and Cooperatives › Section 53.303. Provisions Not Exclusive

Sec. 53.303.  PROVISIONS NOT EXCLUSIVE.  This subchapter does not prohibit:
(1)  an incumbent local exchange company from filing for a new service or rate change under another section of this title;  or
(2)  the commission from conducting a review 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 C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter G. Special Procedures for Small Local Exchange Companies and Cooperatives › Section 53.304. Procedure to Offer Certain Services or Make Minor Changes

Sec. 53.304.  PROCEDURE TO OFFER CERTAIN SERVICES OR MAKE MINOR CHANGES.  (a)  An incumbent local exchange company may offer an extended local calling service, a packaged service, or a new or promotional service on an optional basis or make a minor change in its rates or tariffs if the company:
(1)  is a cooperative corporation or has, together with all affiliated incumbent local exchange companies, fewer than 31,000 access lines in service in this state;
(2)  files with the commission and the office notice, as prescribed by Subsection (b), not later than the 10th day before the effective date of the proposed change;
(3)  provides notice as prescribed by Section 53.305; and
(4)  files with the commission affidavits verifying that notice as prescribed by Section 53.305 was provided.
(b)  The notice must include:
(1)  a copy of a resolution adopted by the incumbent local exchange company's board of directors approving the proposed change;
(2)  a description of the services affected by the proposed change;
(3)  a copy of the proposed tariff for the affected service;
(4)  a copy of the customer notice required by Subsection (a)(3);
(5)  the number of access lines the company and each affiliate have in service in this state; and
(6)  the amount by which the company's total regulated intrastate gross annual revenues will increase or decrease as a result of the proposed change.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 118 (H.B. 2680), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter G. Special Procedures for Small Local Exchange Companies and Cooperatives › Section 53.305. Notice to Affected Customers

Sec. 53.305.  NOTICE TO AFFECTED CUSTOMERS.  (a)  A company shall provide notice of a proposed change to affected customers in the manner prescribed by the commission.
(b)  Notice must:
(1)  be provided not later than the 10th day before the effective date of the proposed change; and
(2)  include:
(A)  a description of the services affected by the proposed change;
(B)  the effective date of the proposed change;
(C)  an explanation of the customer's right to petition the commission for a review under Section 53.306, including the number of persons required to petition before a commission review will occur;
(D)  an explanation of the customer's right to information concerning how to obtain a copy of the proposed tariff from the company;
(E)  the amount by which the company's total regulated intrastate gross annual revenues will increase or decrease as a result of the proposed change; and
(F)  a list of rates that are affected by the proposed rate change.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 118 (H.B. 2680), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter G. Special Procedures for Small Local Exchange Companies and Cooperatives › Section 53.306. Commission Review of Proposed Change

Sec. 53.306.  COMMISSION REVIEW OF PROPOSED CHANGE.  (a)  The commission shall review a proposed change filed under this subchapter if:
(1)  the commission receives complaints relating to the proposed change signed by a number of affected local service customers equal at least to the lesser of 1,500 or five percent of those customers;
(2)  the commission receives a complaint relating to the proposed change from an affected intrastate access customer, or a group of affected intrastate access customers, that in the preceding 12 months accounted for more than 10 percent of the company's total intrastate gross access revenues;
(3)  the proposed change is not a minor change;
(4)  the company does not comply with the procedural requirements of this subchapter;  or
(5)  the proposed change is inconsistent with the commission's substantive policies as expressed in its rules.
(b)  The commission may suspend a tariff proposed under this subchapter during the 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 C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter G. Special Procedures for Small Local Exchange Companies and Cooperatives › Section 53.307. Compliance With Principles; Reduced Rates

Sec. 53.307.  COMPLIANCE WITH PRINCIPLES;  REDUCED RATES.  A rate established under this subchapter must be in accordance with the rate-setting principles of this chapter, except that a company may provide to its board members, officers, employees, or agents free or reduced rates for services.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter G. Special Procedures for Small Local Exchange Companies and Cooperatives › Section 53.308. Fees and Assessments

Sec. 53.308.  FEES AND ASSESSMENTS.  The commission may prescribe and collect a fee or assessment from incumbent local exchange companies necessary to recover the cost to the commission and to the office of activities carried out and services provided under:
(1)  this subchapter;
(2)  Section 53.112;
(3)  Subchapter H;   and
(4)  Section 55.004.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter H. Partial Deregulation Available to Certain Cooperative Corporations › Section 53.351. Provisions Not Exclusive

Sec. 53.351.  PROVISIONS NOT EXCLUSIVE.  (a)  This subchapter does not:
(1)  prohibit a cooperative from filing for a new service or a rate change under another applicable provision of this title;  or
(2)  affect the application of a provision of this title not directly related to:
(A)  establishing rates;  or
(B)  the authority of the commission to require a cooperative to file a report required under this title or the commission's rules.
(b)  Notwithstanding any other provision of this subchapter, the commission may conduct a review 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 C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter H. Partial Deregulation Available to Certain Cooperative Corporations › Section 53.352. Partial Deregulation by Ballot

Sec. 53.352.  PARTIAL DEREGULATION BY BALLOT.  (a)  An incumbent local exchange company that is a cooperative corporation may vote to partially deregulate the cooperative by sending a ballot to each cooperative member.  The incumbent local exchange company may include the ballot in a bill or send the ballot separately.  The ballot shall be printed to permit voting for or against the proposition:  "Authorizing the partial deregulation of the (name of the cooperative)."
(b)  The cooperative is partially deregulated if a majority of the ballots returned to the cooperative not later than the 45th day after the date the ballots are mailed favor deregulation.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter H. Partial Deregulation Available to Certain Cooperative Corporations › Section 53.353. Voting Procedures

Sec. 53.353.  VOTING PROCEDURES.  The commission by rule shall prescribe the voting procedures a cooperative must use 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 C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter H. Partial Deregulation Available to Certain Cooperative Corporations › Section 53.354. Procedure to Offer Certain Services or Make Certain Changes

Sec. 53.354.  PROCEDURE TO OFFER CERTAIN SERVICES OR MAKE CERTAIN CHANGES.  After the initial balloting, a cooperative may offer extended local calling services, offer new services on an optional basis, or make changes in its rates or tariffs if the cooperative:
(1)  files a statement of intent under Section 53.355;
(2)  provides notice of the proposed action to each customer and municipality as prescribed by Section 53.356;  and
(3)  files with the commission affidavits verifying that notice was provided as prescribed by Section 53.357.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter H. Partial Deregulation Available to Certain Cooperative Corporations › Section 53.355. Statement of Intent

Sec. 53.355.  STATEMENT OF INTENT.  (a)  A cooperative must file a statement of intent to use this subchapter with the commission and the office not later than the 61st day before the effective date of the proposed change.
(b)  The statement must include:
(1)  a copy of a resolution, signed by a majority of the members of the cooperative's board of directors, approving the proposed action and authorizing the filing of the statement of intent;
(2)  a description of the services affected by the proposed action;
(3)  a copy of the proposed tariff for the affected service;  and
(4)  a copy of the customer notice required by Section 53.356.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter H. Partial Deregulation Available to Certain Cooperative Corporations › Section 53.356. Notice to Affected Persons

Sec. 53.356.  NOTICE TO AFFECTED PERSONS.  (a)  The cooperative shall provide to each affected customer or party, including a municipality, at least two notices of the proposed action by bill insert or by individual notice.
(b)  The cooperative shall provide:
(1)  the first notice not later than the 61st day before the effective date of the proposed action;  and
(2)  the last notice not later than the 31st day before the effective date of the proposed action.
(c)  A notice prescribed by this section must include:
(1)  a description of the services affected by the proposed action;
(2)  the effective date of the proposed action;
(3)  an explanation of the customer's right to:
(A)  obtain a copy of the proposed tariff from the cooperative;  and
(B)  petition the commission for a review under Section 53.358;
(4)  a statement of the amount by which the cooperative's total gross annual revenues will increase or decrease and a statement explaining the effect on the cooperative revenues as a result of the proposed action;  and
(5)  a list of rates that are affected by the proposed rate action, showing the effect of the proposed action on each of those 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 C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter H. Partial Deregulation Available to Certain Cooperative Corporations › Section 53.357. Filing of Affidavits Verifying Notice

Sec. 53.357.  FILING OF AFFIDAVITS VERIFYING NOTICE.  Not later than the 15th day before the effective date of a proposed action, the cooperative shall file with the commission affidavits that verify that the cooperative provided each notice required by Section 53.356.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter H. Partial Deregulation Available to Certain Cooperative Corporations › Section 53.358. Commission Review of Proposed Action

Sec. 53.358.  COMMISSION REVIEW OF PROPOSED ACTION.  (a)  The commission shall review a proposed action filed under this subchapter if:
(1)  the commission receives, not later than the 45th day after the date the first notice is provided under Section 53.356, complaints relating to the proposed action:
(A)  signed by at least five percent of the affected local service customers;  or
(B)  from an affected intrastate access customer, or group of affected intrastate access customers, that in the preceding 12 months accounted for more than 10 percent of the cooperative's total intrastate access revenues;
(2)  the cooperative does not comply with the procedural requirements of this subchapter;  or
(3)  the proposed action is inconsistent with the commission's substantive policies as expressed in its rules.
(b)  If the commission conducts a review of the proposed action under this section before the action's effective date, the commission may suspend the proposed action during the 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 C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter H. Partial Deregulation Available to Certain Cooperative Corporations › Section 53.359. Reversal of Deregulation by Ballot

Sec. 53.359.  REVERSAL OF DEREGULATION BY BALLOT.  (a)  A cooperative that is partially deregulated under this subchapter may vote to reverse the deregulation by sending a ballot to each cooperative member.
(b)  The cooperative's board of directors may order reballoting on its own motion.  If the board receives a written request for that action from at least 10 percent of its members, the board shall reballot not later than the 60th day after the date the board receives that request.
(c)  The cooperative may include the ballot in a bill or send the ballot separately.  The ballot shall be printed to permit voting for or against the proposition:  "Reversing the partial deregulation of the (name of the cooperative)."
(d)  The partial deregulation is reversed if a majority of the ballots returned to the cooperative not later than the 45th day after the date the ballots are mailed favor reversal.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 54 - Certificates › Subchapter A. General Provisions › Section 54.001. Certificate Required

Sec. 54.001.  CERTIFICATE REQUIRED.  A person may not provide local exchange telephone service, basic local telecommunications service, or switched access service unless the person obtains a:
(1)  certificate of convenience and necessity;
(2)  certificate of operating authority;  or
(3)  service provider certificate of operating 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 C - Telecommunications Utilities › Chapter 54 - Certificates › Subchapter A. General Provisions › Section 54.002. Exceptions to Certificate Requirement for Service Extension

Sec. 54.002.  EXCEPTIONS TO CERTIFICATE REQUIREMENT FOR SERVICE EXTENSION.  (a)  A telecommunications utility is not required to obtain a certificate of convenience and necessity, a certificate of operating authority, or a service provider certificate of operating authority for an:
(1)  extension into territory that is:
(A)  contiguous to the territory the telecommunications utility serves;
(B)  not receiving similar service from another telecommunications utility;  and
(C)  not in another telecommunications utility's certificated area;
(2)  extension in or to territory the telecommunications utility serves or is authorized to serve under a certificate of public convenience and necessity, a certificate of operating authority, or a service provider certificate of operating authority;  or
(3)  operation, extension, or service in progress on September 1, 1975.
(b)  An extension allowed by Subsection (a) is limited to a device used:
(1)  to interconnect existing facilities;  or
(2)  solely to transmit telecommunications utility services from an existing facility to a customer of retail utility service.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 54 - Certificates › Subchapter A. General Provisions › Section 54.003. Exceptions to Certificate Requirement for Certain Services

Sec. 54.003.  EXCEPTIONS TO CERTIFICATE REQUIREMENT FOR CERTAIN SERVICES.  A telecommunications utility is not required to obtain a certificate of convenience and necessity, a certificate of operating authority, or a service provider certificate of operating authority for:
(1)  an interexchange telecommunications service;
(2)  a nonswitched private line service;
(3)  a shared tenant service;
(4)  a specialized communications common carrier service;
(5)  a commercial mobile service;  or
(6)  an operator service as defined by Section 55.081.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 54 - Certificates › Subchapter A. General Provisions › Section 54.004. Relinquishment Plan

Sec. 54.004.  RELINQUISHMENT PLAN.  A holder of a service provider certificate of operating authority who applies for a certificate of operating authority or a certificate of convenience and necessity for the same territory must include with the application a plan to relinquish the service provider certificate of operating 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 C - Telecommunications Utilities › Chapter 54 - Certificates › Subchapter A. General Provisions › Section 54.005. Notice of and Hearing on Application

Sec. 54.005.  NOTICE OF AND HEARING ON APPLICATION.  (a)  When an application for a certificate of convenience and necessity, a certificate of operating authority, or a service provider certificate of operating authority is filed, the commission shall:
(1)  give notice of the application to interested parties;  and
(2)  if requested:
(A)  set a time and place for a hearing;  and
(B)  give notice of the hearing.
(b)  A person interested in the application may intervene at the hearing.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 54 - Certificates › Subchapter A. General Provisions › Section 54.006. Request for Preliminary Order

Sec. 54.006.  REQUEST FOR PRELIMINARY ORDER.  (a)  A telecommunications utility that wants to exercise a right or privilege under a franchise or permit that the utility anticipates obtaining but has not been granted may apply to the commission for a preliminary order under this section.
(b)  The commission may issue a preliminary order declaring that the commission, on application and under commission rules, will grant the requested certificate of convenience and necessity, certificate of operating authority, or service provider certificate of operating authority, on terms the commission designates, after the telecommunications utility obtains the franchise or permit.
(c)  The commission shall grant the certificate on presentation of evidence satisfactory to the commission that the telecommunications utility has obtained the franchise or permit.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 54 - Certificates › Subchapter A. General Provisions › Section 54.007. Flexibility Plan

Sec. 54.007.  FLEXIBILITY PLAN.  (a)  After the commission grants an application for a certificate of convenience and necessity, a certificate of operating authority, or a service provider certificate of operating authority or determines that a certificate is not needed for the applicant to provide the relevant services, the commission shall conduct appropriate proceedings to establish a transitional flexibility plan for the incumbent local exchange company in the same area or areas as the new certificate holder.
(b)  A basic local telecommunications service price of the incumbent local exchange company may not be increased before the fourth anniversary of the date the certificate is granted to the applicant except that the price may be increased as provided by this title.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1212, Sec. 15, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 54 - Certificates › Subchapter A. General Provisions › Section 54.008. Revocation or Amendment of Certificate

Sec. 54.008.  REVOCATION OR AMENDMENT OF CERTIFICATE.  (a)  The commission may revoke or amend a certificate of convenience and necessity, a certificate of operating authority or a service provider certificate of operating authority after notice and hearing if the commission finds that the certificate holder has never provided or is no longer providing service in all or any part of the certificated area.
(b)  The commission may require one or more public utilities to provide service in an area affected by the revocation or amendment of a certificate held by a 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 C - Telecommunications Utilities › Chapter 54 - Certificates › Subchapter B. Certificate of Convenience and Necessity › Section 54.051. Definition

Sec. 54.051.  DEFINITION.  In this subchapter, "certificate" means a certificate of convenience and necessity.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 54 - Certificates › Subchapter B. Certificate of Convenience and Necessity › Section 54.052. Certificate Required for Public Utility

Sec. 54.052.  CERTIFICATE REQUIRED FOR PUBLIC UTILITY.  (a)  A public utility may not directly or indirectly provide service to the public under a franchise or permit unless the utility first obtains from the commission a certificate that states that the public convenience and necessity requires or will require the installation, operation, or extension of the service.
(b)  Except as otherwise provided by this chapter, a public utility may not furnish or make available retail public utility service to an area in which retail utility service is being lawfully furnished by another public utility unless the utility first obtains a certificate that includes the area in which the consuming facility is located.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 54 - Certificates › Subchapter B. Certificate of Convenience and Necessity › Section 54.053. Application for Certificate

Sec. 54.053.  APPLICATION FOR CERTIFICATE.  (a)  A public utility that wants to obtain or amend a certificate must submit an application to the commission.
(b)  The applicant shall file with the commission evidence the commission requires to show the applicant has received the consent, franchise, or permit required by the proper municipal or other public authority.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 54 - Certificates › Subchapter B. Certificate of Convenience and Necessity › Section 54.054. Grant or Denial of Certificate

Sec. 54.054.  GRANT OR DENIAL OF CERTIFICATE.  (a)  The commission may approve an application and grant a certificate only if the commission finds that the certificate is necessary for the service, accommodation, convenience, or safety of the public.
(b)  The commission may:
(1)  grant the certificate as requested;
(2)  grant the certificate for the construction of a portion of the requested system, facility, or extension or the partial exercise of the requested right or privilege;  or
(3)  refuse to grant the certificate.
(c)  The commission shall grant each certificate on a nondiscriminatory basis after considering:
(1)  the adequacy of existing service;
(2)  the need for additional service;
(3)  the effect of granting the certificate on the recipient of the certificate and any public utility of the same kind serving the proximate area;  and
(4)  other factors, such as:
(A)  community values;
(B)  recreational and park areas;
(C)  historical and aesthetic values;
(D)  environmental integrity;  and
(E)  the probable improvement of service or lowering of cost to consumers in the area if the certificate is granted.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 54 - Certificates › Subchapter C. Certificate of Operating Authority › Section 54.101. Definition

Sec. 54.101.  DEFINITION.  In this subchapter, "certificate" means a certificate of operating authority.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1212, Sec. 16, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 54 - Certificates › Subchapter C. Certificate of Operating Authority › Section 54.103. Grant or Denial of Certificate

Sec. 54.103.  GRANT OR DENIAL OF CERTIFICATE.  (a)  The commission must grant or deny a certificate not later than the 60th day after the date the application for the certificate is filed.  The commission may extend the deadline on good cause shown.
(b)  The commission shall grant each certificate on a nondiscriminatory basis after considering factors such as:
(1)  the technical and financial qualifications of the applicant;  and
(2)  the applicant's ability to meet the commission's quality of service requirements.
(c)  In an exchange of an incumbent local exchange company that serves fewer than 31,000 access lines, in addition to the factors described by Subsection (b), the commission shall consider:
(1)  the effect of granting the certificate on a public utility serving the area and on that utility's customers;
(2)  the ability of that public utility to provide adequate service at reasonable rates;
(3)  the effect of granting the certificate on the ability of that public utility to act as the provider of last resort;  and
(4)  the ability of the exchange, not the company, to support more than one provider of service.
(d)  Except as provided by Subsections (e) and (f), the commission may grant an application for a certificate only for an area or areas that are contiguous and reasonably compact and cover an area of at least 27 square miles.
(e)  In an exchange in a county that has a population of less than 500,000 and that is served by an incumbent local exchange company that has more than 31,000 access lines, an area covering less than 27 square miles may be approved if the area is contiguous and reasonably compact and has at least 20,000 access lines.
(f)  In an exchange of a company that serves fewer than 31,000 access lines in this state, the commission may grant an application only for an area that has boundaries similar to the boundaries of the serving central office that is served by the incumbent local exchange company that holds the certificate of convenience and necessity for the area.
(g)  Expired.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1212, Sec. 16, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 54 - Certificates › Subchapter C. Certificate of Operating Authority › Section 54.104. Time of Service Requirements

Sec. 54.104.  TIME OF SERVICE REQUIREMENTS.  (a)  The commission by rule may prescribe the period within which a certificate holder must be able to serve customers.
(b)  Notwithstanding Subsection (a), a certificate holder must serve a customer not later than the 30th day after the date the customer requests service.
Acts 1997, 75th Leg., ch. 166, Sec. 1, Sept. 1, 1997.  Renumbered from Sec. 54.106 and amended by Acts 1999, 76th Leg., ch. 1212, Sec. 16, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 54 - Certificates › Subchapter C. Certificate of Operating Authority › Section 54.105. Penalty for Violation of Title

Sec. 54.105.  PENALTY FOR VIOLATION OF TITLE.  If a certificate holder fails to comply with a requirement of this title, the commission may:
(1)  revoke the holder's certificate;
(2)  impose against the holder administrative penalties under Subchapter B, Chapter 15;   or
(3)  take another action under Subchapter B, Chapter 15.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Renumbered from Sec. 54.111 by Acts 1999, 76th Leg., ch. 1212, Sec. 16, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 54 - Certificates › Subchapter D. Service Provider Certificate of Operating Authority › Section 54.151. Definition

Sec. 54.151.  DEFINITION.  In this subchapter, "certificate" means a service provider certificate of operating 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 C - Telecommunications Utilities › Chapter 54 - Certificates › Subchapter D. Service Provider Certificate of Operating Authority › Section 54.152. Limitation on Grant of Certificate

Sec. 54.152.  LIMITATION ON GRANT OF CERTIFICATE.  The commission may not grant a certificate to a holder of a:
(1)  certificate of convenience and necessity for the same territory;  or
(2)  certificate of operating authority for the same territory.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.