reglab/statecodes huggingface dataset:
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter C. -1. Alternate Governance for Certain Municipal Power Agencies › Section 163.079. Separate Boards of Directors

Sec. 163.079.  SEPARATE BOARDS OF DIRECTORS.  (a)  The public entities that created or re-created an agency may amend the creating concurrent ordinances to provide for the agency to be governed by one board of directors for the agency's generation system and another board of directors for the agency's transmission system.
(b)  The concurrent ordinances as amended must contain identical provisions.
(c)  Section 163.078 applies to the separate boards and to the directors of the separate boards, except that:
(1)  there is no minimum number of directors for a board established under this section;
(2)  each participating public entity is not entitled to appoint a director to each board of an agency; and
(3)  the repeal of a resolution under Section 163.078(c) does not require approval by at least one director appointed by each participating public entity.
(d)  Separate boards established under this section are not required to have the same number of directors.
Added by Acts 2015, 84th Leg., R.S., Ch. 1162 (S.B. 776), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter C. -1. Alternate Governance for Certain Municipal Power Agencies › Section 163.080. Powers

Sec. 163.080.  POWERS.  (a)  An agency may not engage in any utility business other than:
(1)  the generation and sale or exchange of electric energy to:
(A)  a participating public entity; or
(B)  a private entity that owns jointly with the agency an electric generating facility in this state; or
(2)  the provision of wholesale transmission service under Chapter 35.
(b)  The agency may:
(1)  perform any act necessary to the full exercise of the agency's powers;
(2)  enter into a contract, lease, or agreement with or accept a grant or loan from a:
(A)  department or agency of the United States;
(B)  department, agency, or political subdivision of this state; or
(C)  public or private person;
(3)  use the uniform system of accounts prescribed for utilities and licenses by the Federal Energy Regulatory Commission; and
(4)  adopt rules to govern the operation of the agency and its employees, facilities, and service.
(c)  The agency may sell, lease, convey, or otherwise dispose of any right, interest, or property of the agency, including its electric facilities.  A sale, lease, conveyance, or other disposition having a value of more than $10 million shall require prior approval of each participating public entity, unless the public entities have agreed otherwise by written contract or the property was purchased by the agency for mining purposes.
Added by Acts 2015, 84th Leg., R.S., Ch. 1162 (S.B. 776), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter C. -1. Alternate Governance for Certain Municipal Power Agencies › Section 163.081. Construction Contracts

Sec. 163.081.  CONSTRUCTION CONTRACTS.  (a)  Except as provided by Subsection (c), an agency may award a contract for construction of an improvement that involves the expenditure of more than $20,000 only on the basis of competitive bids.
(b)  The agency shall publish notice of intent to receive bids once a week for two consecutive weeks in a newspaper of general circulation in this state.  The first publication must appear before the 14th day before the date bids are to be received.
(c)  An entity that has joint ownership of the improvement to be constructed or that is an agent of a joint owner shall award a contract using the entity's contracting procedures.
Added by Acts 2015, 84th Leg., R.S., Ch. 1162 (S.B. 776), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter C. -1. Alternate Governance for Certain Municipal Power Agencies › Section 163.082. Sale or Exchange of Electric Energy

Sec. 163.082.  SALE OR EXCHANGE OF ELECTRIC ENERGY.  (a)   An agency may participate through appropriate contracts in power pooling and power exchange agreements with other entities through direct or indirect system interconnections.
(b)  An entity that participates with an agency under this section may:
(1)  purchase electric energy from the agency;
(2)  sell or dispose of electric energy to the agency; or
(3)  exchange electric energy with the agency.
(c)  An entity payment for electric energy purchased from the agency is an operating expense of the entity's electric system.
(d)  An agency contract to sell or exchange electric energy may require the purchaser to pay for the electric energy regardless of whether the electric energy is produced or delivered.
Added by Acts 2015, 84th Leg., R.S., Ch. 1162 (S.B. 776), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter C. -1. Alternate Governance for Certain Municipal Power Agencies › Section 163.083. Rates and Charges

Sec. 163.083.  RATES AND CHARGES.  (a)  An agency may establish and maintain rates and charges for electric power and energy the agency delivers, transmits, or exchanges.  The rates and charges must:
(1)  be reasonable and in accordance with prudent utility practices;
(2)  be based on periodic cost of service studies and subject to modification, unless such a basis for rates and charges is waived by the purchaser by contract; and
(3)  be developed to recover the agency's cost of producing and transmitting the electric power and energy, as applicable, which cost must include the amortization of capital investment.
(b)  Notwithstanding Subsection (a), this state reserves its power to regulate an agency's rates and charges for electric energy supplied by the agency's facilities.
(c)  Until obligations issued under this chapter have been paid and discharged, with all interest on the obligations, interest on unpaid interest installments on the obligations, and other connected and incurred costs or expenses, this state pledges to and agrees with the purchasers and successive holders of the obligations that it will not:
(1)  limit or alter the power of an agency to establish and collect rates and charges under this section sufficient to pay:
(A)  necessary operational and maintenance expenses;
(B)  interest and principal on obligations issued by the agency;
(C)  sinking funds and reserve fund payments; and
(D)  other charges necessary to fulfill the terms of any agreement; or
(2)  take any action that will impair the rights or remedies of the holders of the obligations.
Added by Acts 2015, 84th Leg., R.S., Ch. 1162 (S.B. 776), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter C. -1. Alternate Governance for Certain Municipal Power Agencies › Section 163.084. Revenue Bonds

Sec. 163.084.  REVENUE BONDS.  (a)  The agency may issue revenue bonds to accomplish the purposes of the agency.
(b)  The agency may pledge to the payment of the obligations the revenues of all or part of its electric facilities, including facilities acquired after the obligations are issued.  However, operating and maintenance expenses, including salaries and labor, materials, and repairs of electric facilities necessary to render efficient service, constitute a first lien on and charge against the pledged revenue.
(c)  The agency may set aside from the proceeds from the sale of the obligations amounts for payment into the interest and sinking fund and reserve fund, and for interest and operating expenses during construction and development, as specified in the proceedings authorizing the obligations.
(d)  Obligation proceeds may be invested, pending their use, in securities, interest-bearing certificates, or time deposits as specified in the authorizing proceedings.
(e)  Agency obligations are authorized investments for:
(1)  a bank;
(2)  a savings bank;
(3)  a trust company;
(4)  a savings and loan association; and
(5)  an insurance company.
(f)  The obligations, when accompanied by all appurtenant, unmatured coupons and to the extent of the lesser of their face value or market value, are eligible to secure the deposit of public funds of this state, a political subdivision of this state, and any other political corporation of this state.
Added by Acts 2015, 84th Leg., R.S., Ch. 1162 (S.B. 776), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter C. -1. Alternate Governance for Certain Municipal Power Agencies › Section 163.085. Refunding Bonds

Sec. 163.085.  REFUNDING BONDS.  The agency may issue refunding bonds.
Added by Acts 2015, 84th Leg., R.S., Ch. 1162 (S.B. 776), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter C. -1. Alternate Governance for Certain Municipal Power Agencies › Section 163.086. Issuance, Form, and Provisions of Bonds

Sec. 163.086.  ISSUANCE, FORM, AND PROVISIONS OF BONDS.  (a)  Agency bonds that are payable from agency revenues or anticipated bond proceeds and the records relating to their issuance must be submitted to the attorney general for examination before delivery.
(b)  The bonds:
(1)  must mature serially or otherwise not more than 50 years after the date of issuance;
(2)  may be made redeemable before maturity at the time and at the price or prices set by the agency; and
(3)  may be sold at public or private sale under the terms and for the price the agency determines to be in the best interest of the agency.
(c)  The bonds must be signed by the presiding officer or assistant presiding officer of the agency, be attested by the secretary, and bear the seal of the agency.  The signatures may be printed on the bonds if authorized by the agency, and the seal may be impressed or printed on the bonds.  The agency may adopt or use for any purpose the signature of an individual who has been an officer of the agency, regardless of whether the individual has ceased to be an officer at the time the bonds are delivered to the purchaser.
Added by Acts 2015, 84th Leg., R.S., Ch. 1162 (S.B. 776), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter C. -1. Alternate Governance for Certain Municipal Power Agencies › Section 163.087. Nonnegotiable Purchase Money Notes

Sec. 163.087.  NONNEGOTIABLE PURCHASE MONEY NOTES.  (a)  The agency may issue nonnegotiable purchase money notes to acquire land or fuel resources.
(b)  Nonnegotiable purchase money notes are:
(1)  payable in installments;
(2)  secured by the property acquired with the notes or other collateral the agency substitutes; and
(3)  not a security or agency obligation.
(c)  Nonnegotiable purchase money notes may be further secured by a promise to issue bonds or bond anticipation notes to pay the purchase money notes.
Added by Acts 2015, 84th Leg., R.S., Ch. 1162 (S.B. 776), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter C. -1. Alternate Governance for Certain Municipal Power Agencies › Section 163.088. Bond Anticipation Notes

Sec. 163.088.  BOND ANTICIPATION NOTES.  (a)  The agency may issue bond anticipation notes:
(1)  for any purpose for which the agency may issue bonds; or
(2)  to refund previously issued bond anticipation notes or nonnegotiable purchase money notes.
(b)  Bond anticipation notes are subject to the limitations and conditions prescribed by this subchapter for bonds.
(c)  The agency may contract with purchasers of bond anticipation notes that the proceeds of one or more series of bonds will be used to pay or refund the notes.
Added by Acts 2015, 84th Leg., R.S., Ch. 1162 (S.B. 776), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter C. -1. Alternate Governance for Certain Municipal Power Agencies › Section 163.089. Public Securities

Sec. 163.089.  PUBLIC SECURITIES.  (a)  It is a public purpose for a public entity that has participated in the creation of an agency to pay costs of planning, acquisition, construction, ownership, operation, and maintenance of electric facilities.
(b)  A public entity may issue public securities, as defined by Section 1201.002(2), Government Code, including bonds, notes, or other forms of indebtedness, in the principal amount approved by the governing body of the public entity, for the purpose of financing electric facilities or improvements to electric facilities to be owned or operated by the agency or otherwise in furtherance of a purpose described by this section.
(c)  A public entity and an agency may agree in a contract, or by other official action of the public entity and agency, to terms and conditions governing the use by the agency of the proceeds of the public securities issued by a public entity for a purpose described by this section.
(d)  A contract or other official action described by Subsection (c) may include provisions with respect to, and conclusively establish sufficient consideration for, the use of the proceeds.  The consideration may include the right to:
(1)  use the financed facilities or portions of the facilities;
(2)  receive output from the financed facilities; or
(3)  receive an ownership interest in the financed facilities upon the dissolution of the agency or an undivided interest in the financed facilities at the time a public entity funds facility improvements.
(e)  A contract or other official action described by Subsection (c) may contain other terms and extend for any period on which all of the parties agree.
(f)  A public security issued for the purposes described by this section may include:
(1)  debt obligations issued in accordance with Chapter 1207, 1331, 1371, 1431, or 1502, Government Code, or Chapter 271, Local Government Code; or
(2)  other types or forms of debt that the public entity is authorized to issue.
(g)  Each participating public entity may exercise any power of an issuer under Chapter 1371, Government Code.
Added by Acts 2015, 84th Leg., R.S., Ch. 1162 (S.B. 776), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter C. -1. Alternate Governance for Certain Municipal Power Agencies › Section 163.090. Dissolution

Sec. 163.090.  DISSOLUTION.  (a)  The participating public entities of an agency may by concurrent ordinance dissolve the agency.
(b)  Concurrent ordinances dissolving an agency must:
(1)  contain identical provisions;
(2)  state that the agency will be dissolved upon the winding up of agency affairs;
(3)  direct the board or boards of the agency to wind up the business and affairs of the agency and to inform the participating public entities by resolution when the winding up of the business and affairs of the agency is complete; and
(4)  state the date on which the dissolution takes effect, provided that the date provides sufficient time for the board or boards of the agency to wind up agency affairs.
(c)  The participating public entities may not dissolve an agency if the dissolution will impair the rights or remedies of holders of obligations issued by the agency.
(d)  The dissolved agency continues to exist to:
(1)  satisfy existing liabilities or obligations;
(2)  collect, distribute, or liquidate its assets; and
(3)  take any other action required to adjust and wind up its business and affairs.
(e)  The assets of the dissolved agency that remain after all liabilities or obligations of the agency have been satisfied shall be distributed to the public entities that created the agency.  The public entities shall establish the method of distribution by agreement.
(f)  An agreement between a public entity and an agency entered into before September 1, 2015, regarding the distribution of the agency's assets after dissolution is enforceable according to the terms of the agreement, regardless of a provision to the contrary in this subchapter.
Added by Acts 2015, 84th Leg., R.S., Ch. 1162 (S.B. 776), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter D. Agency Receiving Power Through Interstate System › Section 163.101. Creation

Sec. 163.101.  CREATION.  (a)  Notwithstanding Section 163.054, two or more public entities may create a municipal power agency governed by Subchapter C  if the entities:
(1)  are municipalities;
(2)  are engaged in the distribution and sale of electric energy to the public;  and
(3)  receive a major portion of their power through or from an interstate electric system.
(b)  The entities must comply with the provisions of Subchapter C relating to the creation of a municipal power agency, including the concurrent ordinance and election provisions.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter D. Agency Receiving Power Through Interstate System › Section 163.102. Powers

Sec. 163.102.  POWERS.  (a)  An agency created under this subchapter may:
(1)  generate and transmit electric power and energy inside and outside this state;
(2)  sell, purchase, or exchange electric power and energy with entities inside or outside this state;  and
(3)  construct or acquire new steam electric generating facilities, but only if the facilities are owned jointly by the agency and one or more private entities.
(b)  This section does not authorize an agency created under this subchapter to engage in the distribution and retail sale of electric power and energy.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter E. Electric Cooperative Corporations › Section 163.121. Creation

Sec. 163.121.  CREATION.  An electric cooperative corporation may join one or more public entities to create a joint powers agency as if the corporation were also a public entity.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter E. Electric Cooperative Corporations › Section 163.122. Application of Open Meetings Law

Sec. 163.122.  APPLICATION OF OPEN MEETINGS LAW.  A joint powers agency created under this subchapter is a governmental body subject to Chapter 551, Government Code.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter E. Electric Cooperative Corporations › Section 163.123. Authority of Public Utility Commission

Sec. 163.123.  AUTHORITY OF PUBLIC UTILITY COMMISSION.  A joint powers agency created under this subchapter is:
(1)  subject to all applicable provisions of Title 2;   and
(2)  under the jurisdiction of the Public Utility Commission of Texas as provided by Title 2.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 163 - Joint Powers Agencies › Subchapter E. Electric Cooperative Corporations › Section 163.124. Power to Issue Certain Bonds or Securities

Sec. 163.124.  POWER TO ISSUE CERTAIN BONDS OR SECURITIES.  This subchapter does not authorize an electric cooperative corporation to issue bonds or other securities that are tax exempt under federal law.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 164 - Joint Ownership of Electric Facilities by Public Entities › Section 164.001. Joint Ownership of Electric Utility Facilities Authorized

Sec. 164.001.  JOINT OWNERSHIP OF ELECTRIC UTILITY FACILITIES AUTHORIZED.  (a)  Political subdivisions may join together to finance, construct, complete, acquire, or operate electric utility facilities so that the facilities or an undivided interest in the facilities is jointly owned by the political subdivisions as cotenants or co-owners.
(b)  The ownership shares in the facilities are those approved by the governing bodies of the political subdivisions, as set forth in an agreement authorized by the governing bodies.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 164 - Joint Ownership of Electric Facilities by Public Entities › Section 164.002. Public Purpose

Sec. 164.002.  PUBLIC PURPOSE.  The exercise by a political subdivision of the authority granted by this chapter, including the exercise of the power to issue bonds, notes, or other obligations to accomplish the purposes of this chapter, and the performance of an agreement entered into under this chapter are considered to be additional public purposes of the political subdivision, without regard to any express or implied limitation on the authority or purposes of the political subdivision under any other general or special law or charter provision.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 164 - Joint Ownership of Electric Facilities by Public Entities › Section 164.003. Approval of Agreement by Attorney General

Sec. 164.003.  APPROVAL OF AGREEMENT BY ATTORNEY GENERAL.  (a)  An agreement between political subdivisions establishing an interest in electric utility facilities that is executed under this chapter shall be submitted to the attorney general in connection with any proceeding to finance the contractual obligation by the issuance of bonds.
(b)  An agreement submitted under Subsection (a) is incontestable on approval as to legality by the attorney general.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 164 - Joint Ownership of Electric Facilities by Public Entities › Section 164.004. Increase in Ownership Shares

Sec. 164.004.  INCREASE IN OWNERSHIP SHARES.  (a)  An agreement under this chapter may provide for a political subdivision to increase its present or future ownership share of the electric utility facilities by installment purchase payments and for another political subdivision that is a party to the agreement to transfer, in consideration of those payments, any portion of its present or future ownership share of the facilities to the purchasing political subdivision.
(b)  A payment made by a political subdivision to acquire an ownership interest is not treated as a maintenance and operating expense but is treated as a capital cost as if the political subdivision had issued bonds to construct or acquire the ownership interest, unless otherwise specified in the agreement.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 164 - Joint Ownership of Electric Facilities by Public Entities › Section 164.005. Contractual Obligations as Lien on System Revenue

Sec. 164.005.  CONTRACTUAL OBLIGATIONS AS LIEN ON SYSTEM REVENUE.  (a)  If the electric utility facilities financed, acquired, constructed, or completed are a part of a utility system of a political subdivision, the obligation to make the contract payments to acquire an ownership interest is a lien on the revenue of the system on a parity with the outstanding bonds of the system to the extent permitted in the ordinance or resolution authorizing or the deed of trust or indenture securing the payment of the outstanding bonds.
(b)  If the ordinance or resolution authorizing or the deed of trust or trust indenture securing the revenue bonds of a utility system provides for the subsequent issuance of additional bonds or the creation of a contractual obligation described by Section 164.004 and provides that the payments to be made for the security or payment of the subsequent bonds or contractual obligation are to be on a parity with the previously issued bonds or bonds then to be issued, the political subdivision may, subject to any conditions contained in that ordinance, resolution, deed of trust, or trust indenture, authorize, issue, and sell additional bonds or incur the contractual obligation in a different series payable from the entire revenue of the utility system on a parity with the previously issued bonds or bonds then to be issued and secured by a lien on the revenue of the system on a parity with the lien securing the previously issued bonds or bonds then to be issued.  This subsection applies without regard to whether the previously issued bonds:
(1)  were issued before August 29, 1977;  or
(2)  are an original issue or a refunding issue.
(c)  A political subdivision may pledge the revenue of a utility system to pay contract payments to acquire an ownership interest in an electric utility facility under this chapter.
(d)  In this section, "utility system" includes a combined utility system.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle A - Utility Corporations and Other Providers › Chapter 164 - Joint Ownership of Electric Facilities by Public Entities › Section 164.006. Construction With Other Laws

Sec. 164.006.  CONSTRUCTION WITH OTHER LAWS.  To provide full authority for the execution of an agreement under this chapter, this chapter applies to a municipality as if this chapter were originally contained in Chapter 1501 or 1502, Government Code, or Chapter 552, Local Government Code. This chapter prevails over any charter provision or general or special law.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.405, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 3.77(30), eff. April 1, 2009.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter A. Powers and Duties of Gas and Electric Corporations › Section 181.001. Definitions

Sec. 181.001.  DEFINITIONS.  In this chapter:
(1)  "Corporation" includes:
(A)  a partnership, limited partnership, or master limited partnership;
(B)  a combination of business entities composed exclusively of corporations or in which a corporation is a general partner;
(C)  a limited liability company;  and
(D)  a gas utility or electric utility regardless of form of organization, but not including a municipally owned utility.
(2)  "Electric corporation" means an electric current and power corporation.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 11, Sec. 3, eff. May 3, 1999;  Acts 2003, 78th Leg., ch. 559, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter A. Powers and Duties of Gas and Electric Corporations › Section 181.002. Corporate Powers

Sec. 181.002.  CORPORATE POWERS.  A gas or electric corporation has the powers and rights of a corporation organized for profit in this state whenever those powers and duties may be applicable.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter A. Powers and Duties of Gas and Electric Corporations › Section 181.003. Authority to Borrow Money, Issue Stock, or Mortgage Property

Sec. 181.003.  AUTHORITY TO BORROW MONEY, ISSUE STOCK, OR MORTGAGE PROPERTY.  A gas or electric corporation has the right to:
(1)  borrow money;
(2)  issue stock, including preferred stock;  or
(3)  mortgage a franchise or other property of the corporation to secure a debt contracted for any purpose of the corporation.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter A. Powers and Duties of Gas and Electric Corporations › Section 181.004. Condemnation of Property

Sec. 181.004.  CONDEMNATION OF PROPERTY.  A gas or electric corporation has the right and power to enter on, condemn, and appropriate the land, right-of-way, easement, or other property of any person or corporation.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter A. Powers and Duties of Gas and Electric Corporations › Section 181.006. Consent Required in Municipality

Sec. 181.006.  CONSENT REQUIRED IN MUNICIPALITY.  A gas corporation may exercise authority under Section 181.005 in relation to a municipal street or alley with the consent of and subject to the direction of the governing body of the municipality.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter A. Powers and Duties of Gas and Electric Corporations › Section 181.007. Authority to Hold Land or Other Property

Sec. 181.007.  AUTHORITY TO HOLD LAND OR OTHER PROPERTY.  A gas or electric corporation has the power to own, hold, or use land, a right-of-way, an easement, a franchise, or a building or other structure as necessary for the purpose of the corporation.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter A. Powers and Duties of Gas and Electric Corporations › Section 181.008. Authority Relating to Transport or Sale

Sec. 181.008.  AUTHORITY RELATING TO TRANSPORT OR SALE.  (a)  A gas or electric corporation has the power to generate, make, manufacture, transport, and sell gas, electric current, and power to an individual, the public, or a municipality for any purpose.
(b)  A gas or electric corporation may:
(1)  impose reasonable charges for an action taken under Subsection (a);  and
(2)  construct, maintain, and operate power plants and substations and any machinery, apparatus, pipe, pole, wire, device, or arrangements as necessary to operate its lines in this state.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter A. Powers and Duties of Gas and Electric Corporations › Section 181.009. Discrimination Prohibited

Sec. 181.009.  DISCRIMINATION PROHIBITED.  A gas or electric corporation may not discriminate against a person, corporation, firm, association, or location in:
(1)  charging for gas, electric current, or power;  or
(2)  providing service under similar circumstances.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter B. Provisions Applying to Gas Utilities › Section 181.021. Definitions

Sec. 181.021.  DEFINITIONS.  In this subchapter:
(1)  "Gas facility" means a pipe, main, conductor, or other facility or fixture used to carry gas.
(2)  "Gas utility" means a person, firm, corporation, or municipality engaged in the business of transporting or distributing gas for public consumption.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter B. Provisions Applying to Gas Utilities › Section 181.022. Authority to Lay and Maintain Gas Facility

Sec. 181.022.  AUTHORITY TO LAY AND MAINTAIN GAS FACILITY.  A gas utility has the right to lay and maintain a gas facility through, under, along, across, or over a public highway, a public road, a public street or alley, or public water.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter B. Provisions Applying to Gas Utilities › Section 181.023. Consent Required in Municipality

Sec. 181.023.  CONSENT REQUIRED IN MUNICIPALITY.  A gas utility may exercise authority under Section 181.022 in a municipality with the consent of and subject to the direction of the governing body of the municipality.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter B. Provisions Applying to Gas Utilities › Section 181.024. Notice to State or County

Sec. 181.024.  NOTICE TO STATE OR COUNTY.  (a)  A gas utility proposing under this subchapter to locate a gas facility in the right-of-way of a state highway or a county road not in a municipality shall give notice of the proposal to:
(1)  the Texas Transportation Commission if the proposal relates to a state highway;  or
(2)  the commissioners court of the county if the proposal relates to a county road.
(b)  On receipt of the notice, the Texas Transportation Commission or the commissioners court may designate the location in the right-of-way where the gas utility may place the gas facility.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter B. Provisions Applying to Gas Utilities › Section 181.025. Relocation of Gas Facility to Allow Change to Traffic Lane

Sec. 181.025.  RELOCATION OF GAS FACILITY TO ALLOW CHANGE TO TRAFFIC LANE.  (a)  The authority of the Texas Transportation Commission under this section is limited to a gas facility on a state highway not in a municipality.  The authority of the commissioners court under this section is limited to a gas facility on a county road not in a municipality.
(b)  The Texas Transportation Commission or the commissioners court of a county may require a gas utility to relocate the utility's gas facility, at the utility's own expense, to allow the widening or other changing of a traffic lane.
(c)  To impose a requirement under this section, the Texas Transportation Commission or the commissioners court, as appropriate, must give to the gas utility 30 days' written notice of the requirement.  The notice must identify the gas facility to be relocated and indicate the location on the new right-of-way where the gas utility may place the facility.
(d)  The gas utility shall replace the grade and surface of the highway or road at the utility's own expense.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter B. Provisions Applying to Gas Utilities › Section 181.026. Effect of Municipal Incorporation on Gas Facility Previously Laid

Sec. 181.026.  EFFECT OF MUNICIPAL INCORPORATION ON GAS FACILITY PREVIOUSLY LAID.  A gas utility having a gas facility located in an area that becomes incorporated after the facility is in place may continue to exercise in that area the authority granted by this subchapter until the 10th anniversary of the date of the incorporation without the consent of but subject to the direction of the governing body of the municipality.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter C. Provisions Applying to Electric Utilities › Section 181.041. Definitions

Sec. 181.041.  DEFINITIONS.  In this subchapter:
(1)  "Electric utility" means:
(A)  an electric cooperative organized under Chapter 161;
(B)  a corporation or river authority, if the river authority is created by a statute of this state:
(i)  that generates, transmits, or distributes electric energy in this state;  and
(ii)  whose operations are subject to the judicial and legislative processes of this state;  or
(C)  a municipal electric utility.
(2)  "Municipal electric utility" means a municipality in this state that owns and operates an electric generating plant or that operates electric transmission lines or an electric distribution system.
(3)  "Distribution line" means a power line operated below 60,000 volts when measured phase to phase.
(4)  "Transmission line" means a power line operated at 60,000 volts or more when measured phase to phase.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 77 (S.B. 349), Sec. 1, eff. May 18, 2013.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter C. Provisions Applying to Electric Utilities › Section 181.042. Authority to Construct, Maintain, and Operate Lines

Sec. 181.042.  AUTHORITY TO CONSTRUCT, MAINTAIN, AND OPERATE LINES.  An electric utility has the right to construct, maintain, and operate lines over, under, across, on, or along a state highway, a county road, a municipal street or alley, or other public property in a municipality.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter C. Provisions Applying to Electric Utilities › Section 181.043. Consent Required in Municipality

Sec. 181.043.  CONSENT REQUIRED IN MUNICIPALITY.  (a)  An electric utility may exercise authority under Section 181.042 in a municipality with the consent of and subject to the direction of the governing body of the municipality.
(b)  Subsection (a) does not apply to a municipal electric utility exercising authority under Section 181.042 in its municipal territory.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter C. Provisions Applying to Electric Utilities › Section 181.044. Notice to State or County

Sec. 181.044.  NOTICE TO STATE OR COUNTY.  (a)  An electric utility proposing under this subchapter to construct a line along the right-of-way of a state highway or a county road not in a municipality shall give notice of the proposal to:
(1)  the Texas Transportation Commission if the proposal relates to a state highway;  or
(2)  the commissioners court of the county if the proposal relates to a county road.
(b)  On receipt of the notice, the Texas Transportation Commission or the commissioners court may designate the location along the right-of-way where the electric utility may construct the line.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter C. Provisions Applying to Electric Utilities › Section 181.045. Standards for Construction, Operation, and Maintenance of Lines

Sec. 181.045.  STANDARDS FOR CONSTRUCTION, OPERATION, AND MAINTENANCE OF LINES.  (a)  A municipal electric utility shall construct, operate, and maintain its transmission lines and distribution lines along highways and at other places in accordance with the national electrical safety code.  With regard to clearances, an electric utility that is not a municipal electric utility shall construct, operate, and maintain its transmission lines and distribution lines along highways and at other places in accordance with the national electrical safety code.
(b)  Regardless of Subsection (a), an electric utility shall:
(1)  use single pole construction for a line along a highway or county road;
(2)  construct a transmission line that crosses a highway or road so that the line is at least 22 feet above the surface of the traffic lane;  and
(3)  construct a line that is above a railroad track or railroad siding so that the line is at least 22 feet above the surface of the track or siding.
(c)  Subsection (a) does not apply to a line in a municipality to the extent an ordinance or regulation applying in the municipality provides differently than the national electrical safety code.
(d)  In this section, "national electrical safety code" means the National Electrical Safety Code, as published in March 1948 by the National Bureau of Standards, Handbook 30, as revised by Handbook 81, published by the National Bureau of Standards in November 1961.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 77 (S.B. 349), Sec. 2, eff. May 18, 2013.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter C. Provisions Applying to Electric Utilities › Section 181.046. Relocation of Line to Allow Road or Ditch Improvement

Sec. 181.046.  RELOCATION OF LINE TO ALLOW ROAD OR DITCH IMPROVEMENT.  (a)  The authority of the Texas Transportation Commission under this section is limited to a line on a state highway not in a municipality.  The authority of the commissioners court under this section is limited to a line on a county road not in a municipality.
(b)  The Texas Transportation Commission or the commissioners court of a county may require an electric utility to relocate a line of the utility, at the utility's own expense, to allow the:
(1)  widening of a right-of-way;
(2)  changing of a traffic lane;
(3)  improving of a road bed;  or
(4)  improving of a drainage ditch located on a right-of-way.
(c)  To impose a requirement under this section, the Texas Transportation Commission or the commissioners court, as appropriate, must give to the electric utility 30 days' written notice of the requirement.  The notice must identify the line to be relocated and indicate the location on the new right-of-way where the electric utility may place the line.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter C. Provisions Applying to Electric Utilities › Section 181.047. Effect of Municipal Incorporation on Line Previously Constructed

Sec. 181.047.  EFFECT OF MUNICIPAL INCORPORATION ON LINE PREVIOUSLY CONSTRUCTED.  (a)  An electric utility that owns a line on a state highway or county road in a city or town that, at the time of the construction of the line, is unincorporated but that later incorporates as a municipality may continue to exercise in the municipality the authority granted by Section 181.042 until the 10th anniversary of the date of the incorporation.
(b)  After that period, to continue to exercise the authority in the municipality the electric utility must have the consent of the governing body of the municipality.
(c)  The governing body of the municipality may require the electric utility to relocate a pole or line, at the utility's own expense, to allow the widening or straightening of a street.  To impose a requirement under this subsection, the governing body of the municipality must give to the electric utility 30 days' notice.  The notice must indicate the new location for the pole or line along the right-of-way of the street.
(d)  This section does not prohibit a municipality from imposing a tax or special charge for the use of a street as authorized by Subchapter B, Chapter 182, Tax Code.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter D. Provisions Applying to Telegraph Companies › Section 181.061. Definition

Sec. 181.061.  DEFINITION.  In this subchapter, "telegraph company" includes a person, firm, corporation, or association engaged in the business of accepting and transmitting messages to and from different locations in this state through use of a telegraph.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 4 - Delivery of Utility Services › Subtitle B - Provisions Regulating Delivery of Services › Chapter 181 - Miscellaneous Powers and Duties of Utilities › Subchapter D. Provisions Applying to Telegraph Companies › Section 181.062. Telegraph Connections

Sec. 181.062.  TELEGRAPH CONNECTIONS.  A telegraph company engaged in business at the same location or in the same municipality as another telegraph company shall provide:
(1)  means through which a message may be transferred to the lines of the other telegraph company at common locations and transmitted to the message's final destination;  and
(2)  facilities to assure the transfer of a message in compliance with this section.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.