reglab/statecodes huggingface dataset:
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 65 - Deregulation of Certain Incumbent Local Exchange Company Markets › Subchapter A. General Provisions › Section 65.002. Definitions

Sec. 65.002.  DEFINITIONS.  In this chapter:
(1)  "Deregulated company" means an incumbent local exchange company for which all of the company's markets have been deregulated.
(2)  "Market" means an exchange in which an incumbent local exchange company provides residential local exchange telephone service.
(3)  "Regulated company" means an incumbent local exchange company for which none of the company's markets have been deregulated.
(4)  "Stand-alone residential local exchange voice service" means:
(A)  residential tone dialing service;
(B)  services and functionalities supported under the lifeline program;
(C)  access for all residential end users to 911 service provided by a local authority and access to dual party relay service;
(D)  at the election of the incumbent local exchange company, mandatory residential extended area service arrangements, mandatory residential extended metropolitan service or other mandatory residential toll-free calling arrangements, mandatory expanded local calling service arrangements, or another service that a company is required under a tariff to provide to a customer who subscribes or may subscribe to basic network services;
(E)  flat rate residential local exchange telephone service delivered by landline, but only if the service is ordered and received independent of:
(i)  a service classified as a nonbasic service under Section 58.151 or residential call waiting service;
(ii)  a package of services that includes a service classified as a nonbasic service under Section 58.151; or
(iii)  another flat rate residential local exchange service delivered by landline; and
(F)  residential caller identification services if the customer to whom the service is billed is at least 65 years of age.
(5)  "Transitioning company" means an incumbent local exchange company for which at least one, but not all, of the company's markets has been deregulated.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 26, eff. September 7, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 65 - Deregulation of Certain Incumbent Local Exchange Company Markets › Subchapter A. General Provisions › Section 65.003. Commission Authority

Sec. 65.003.  COMMISSION AUTHORITY.  (a)  Notwithstanding any other provisions of this title, the commission has authority to implement and enforce this chapter.
(b)  The commission may adopt rules and conduct proceedings necessary to administer and enforce this chapter, including rules to determine whether a market should remain regulated, should be deregulated, or should be reregulated.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 26, eff. September 7, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 65 - Deregulation of Certain Incumbent Local Exchange Company Markets › Subchapter A. General Provisions › Section 65.004. Information

Sec. 65.004.  INFORMATION.  (a)  The commission may collect and compile information from all telecommunications providers as necessary to implement and enforce this chapter.
(b)  The commission shall maintain the confidentiality of information collected under this chapter that is claimed to be confidential for competitive purposes.  Information that is claimed to be confidential is exempt from disclosure under Chapter 552, Government Code.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 26, eff. September 7, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 65 - Deregulation of Certain Incumbent Local Exchange Company Markets › Subchapter A. General Provisions › Section 65.005. Customer Protection

Sec. 65.005.  CUSTOMER PROTECTION.  This chapter does not affect a customer's right to complain to the commission regarding a telecommunications provider.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 26, eff. September 7, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 65 - Deregulation of Certain Incumbent Local Exchange Company Markets › Subchapter B. Determination of Whether Market Should Be Regulated › Section 65.051. Markets Deregulated

Sec. 65.051.  MARKETS DEREGULATED.  A market that is deregulated as of September 1, 2011, shall remain deregulated.  Notwithstanding any other provision of this title, the commission may not reregulate a market or company that has been deregulated.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 26, eff. September 7, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 98 (S.B. 980), Sec. 14, eff. September 1, 2011.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 65 - Deregulation of Certain Incumbent Local Exchange Company Markets › Subchapter B. Determination of Whether Market Should Be Regulated › Section 65.052. Determination of Whether a Market Should Remain Regulated

Sec. 65.052.  DETERMINATION OF WHETHER A MARKET SHOULD REMAIN REGULATED.  (a)  An incumbent local exchange company may petition the commission to deregulate a market of the company that the commission previously determined should remain regulated.  Notwithstanding any other provision of this title, only the incumbent local exchange company may initiate a proceeding to deregulate one of the company's markets.  Not later than the 90th day after the date the commission receives the petition, the commission shall:
(1)  determine whether the regulated market should remain regulated; and
(2)  issue a final order classifying the market in accordance with this section.
(b)  In making a determination under Subsection (a), the commission may not determine that a market should remain regulated if:
(1)  the population in the area included in the market is at least 100,000; or
(2)  the population in the area included in the market is less than 100,000 and, in addition to the incumbent local exchange company, there are at least two competitors operating in all or part of the market that:
(A)  are unaffiliated with the incumbent local exchange company; and
(B)  provide voice communications service without regard to the delivery technology, including through:
(i)  Internet Protocol or a successor protocol;
(ii)  satellite; or
(iii)  a technology used by a wireless provider or a commercial mobile service provider, as that term is defined by Section 64.201.
(c)  If the commission deregulates a market under this section and the deregulation results in a regulated or transitioning company no longer meeting the definition of a regulated or transitioning company, the commission shall issue an order reclassifying the company as a transitioning company or deregulated company, as those terms are defined by Section 65.002.
(d)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 98, Sec. 21(3), eff. September 1, 2011.
(e)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 98, Sec. 21(3), eff. September 1, 2011.
(f)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 98, Sec. 21(3), eff. September 1, 2011.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 26, eff. September 7, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 98 (S.B. 980), Sec. 15, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 98 (S.B. 980), Sec. 21(3), eff. September 1, 2011.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 65 - Deregulation of Certain Incumbent Local Exchange Company Markets › Subchapter B. Determination of Whether Market Should Be Regulated › Section 65.053. Incumbent Local Exchange Company Markets

Sec. 65.053.  INCUMBENT LOCAL EXCHANGE COMPANY MARKETS.  (a)  Notwithstanding Section 65.052, an incumbent local exchange company may elect to have all of the company's markets remain regulated on and after January 1, 2006.
(b)  To make an election under Subsection (a), an incumbent local exchange company must file an affidavit with the commission making that election not later than December 1, 2005.
(c)  If an incumbent local exchange company makes an election under this section, the commission shall issue an order classifying the company as a regulated company that is subject to the provisions of this title that applied to the company on September 1, 2005.  This subsection does not affect the authority of a regulated company to elect under Chapter 58 or 59 after January 1, 2005, and to be regulated under the chapter under which the company elected.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 26, eff. September 7, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 65 - Deregulation of Certain Incumbent Local Exchange Company Markets › Subchapter C. Deregulated Company › Section 65.101. Issuance of Certificate of Operating Authority

Sec. 65.101.  ISSUANCE OF CERTIFICATE OF OPERATING AUTHORITY.  (a)  A deregulated company may petition the commission to relinquish the company's certificate of convenience and necessity and receive a certificate of operating authority.
(b)  The commission shall issue the deregulated company a certificate of operating authority and rescind the deregulated company's certificate of convenience and necessity if the commission finds that all of the company's markets have been deregulated under Subchapter B.
(c)  A deregulated company that holds a certificate of operating authority is a nondominant carrier.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 26, eff. September 7, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 210 (S.B. 259), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 65 - Deregulation of Certain Incumbent Local Exchange Company Markets › Subchapter C. Deregulated Company › Section 65.102. Requirements

Sec. 65.102.  REQUIREMENTS.  (a)  A deregulated company that holds a certificate of operating authority issued under this subchapter  is not required to:
(1)  fulfill the obligations of a provider of last resort;
(2)  comply with retail quality of service standards or reporting requirements;
(3)  file an earnings report with the commission unless the company is receiving support from the Texas High Cost Universal Service Plan; or
(4)  comply with a pricing requirement other than a requirement prescribed by this subchapter.
(b)  Notwithstanding any other provision of this title, the commission has only the authority provided by this section over a deregulated company that holds a certificate of operating authority issued under this subchapter.  Subject to Subsection (c), the following provisions apply to a deregulated company and may be enforced by the commission using the remedies provided by Subchapter B, Chapter 15, and Subsection (d):
(1)  Subchapter A, Chapter 15;
(2)  Subchapters A, C, and D, Chapter 17, as applicable to carriers holding a certificate of operating authority;
(3)  Sections 52.007, 52.060, and 52.156;
(4)  Sections 54.001, 54.002, 54.003, 54.004, 54.005, 54.006, 54.008(a), 54.101, 54.102, 54.103, 54.105, 54.151, 54.156, 54.158, 54.159, 54.255, 54.256, 54.257, 54.259, 54.260, and 54.261;
(5)  Sections 55.010, 55.123, 55.133, 55.134, 55.136, and 55.137;
(6)  Chapter 56, except Subchapters F and G;
(7)  Chapter 60;
(8)  Chapter 62;
(9)  Subchapter E, Chapter 64;
(10)  Sections 65.001, 65.002, 65.003, and 65.004, this subchapter, and Subchapter E of this chapter; and
(11)  Chapter 66.
(c)  Nothing in this subchapter affects the continuing applicability of the following provisions of this title:
(1)  Sections 51.003 and 51.010(c);
(2)  Section 52.002(d);
(3)  Sections 54.204, 54.205, and 54.206; and
(4)  Section 65.051.
(d)  The commission may hear complaints of retail and wholesale customers against deregulated companies that are in the scope of the commission's authority provided by this section.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 26, eff. September 7, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 98 (S.B. 980), Sec. 16, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 210 (S.B. 259), Sec. 5, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 29 (S.B. 1003), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 65 - Deregulation of Certain Incumbent Local Exchange Company Markets › Subchapter D. Transitioning Company › Section 65.151. Provisions Applicable to Transitioning Company

Sec. 65.151.  PROVISIONS APPLICABLE TO TRANSITIONING COMPANY.  (a)  Except as provided by Subsection (b), a transitioning company is governed by this subchapter and the provisions of this title that applied to the company immediately before the date the company was classified as a transitioning company.  If there is a conflict between this subchapter and the other applicable provisions of this title, this subchapter controls.
(b)  A transitioning company is not required to fulfill the obligations of a provider of last resort in a deregulated market.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 26, eff. September 7, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 98 (S.B. 980), Sec. 17, eff. September 1, 2011.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 65 - Deregulation of Certain Incumbent Local Exchange Company Markets › Subchapter D. Transitioning Company › Section 65.152. General Requirements

Sec. 65.152.  GENERAL REQUIREMENTS.  (a)  A transitioning company may:
(1)  exercise pricing flexibility in a market subject only to the price and rate standards prescribed by Sections 65.153 and 65.154; and
(2)  introduce a new service in a market subject only to the price and rate standards prescribed by Sections 65.153 and 65.154.
(b)  A transitioning company may not be required to:
(1)  comply with retail quality of service standards or reporting requirements in a market that is deregulated; or
(2)  file an earnings report with the commission unless the company is receiving support from the Texas High Cost Universal Service Plan.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 26, eff. September 7, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 98 (S.B. 980), Sec. 18, eff. September 1, 2011.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 65 - Deregulation of Certain Incumbent Local Exchange Company Markets › Subchapter D. Transitioning Company › Section 65.153. Rate Requirements

Sec. 65.153.  RATE REQUIREMENTS.  (a)  In a market that remains regulated, a transitioning company shall price the company's retail services in accordance with the provisions that applied to that company immediately before the date the company was classified as a transitioning company.
(b)  In a market that is deregulated, a transitioning company shall price the company's retail services as follows:
(1)  for all services, other than basic local telecommunications service, at any price higher than the service's long run incremental cost; and
(2)  for basic local telecommunications service, at any price higher than the lesser of the service's long run incremental cost or the tariffed price on the date that market was deregulated, provided that the company may not increase the company's rates for stand-alone residential local exchange voice service before the date that the commission has the opportunity to revise the monthly per line support under the Texas High Cost Universal Service Plan pursuant to Section 56.031, regardless of whether the company is an electing company under Chapter 58.
(c)  Except as provided by Subsection (c-1), in each deregulated market, a transitioning company shall make available to all residential customers uniformly throughout that market the same price, terms, and conditions for all basic and non-basic services, consistent with any pricing flexibility available to such company.
(c-1)  A transitioning company may offer to an individual residential customer a promotional offer that is not available uniformly throughout the market if the company makes the offer through a medium other than direct mail or mass electronic media and the offer is intended to retain or obtain a customer.
(d)  In any market, regardless of whether regulated or deregulated, the transitioning company may not:
(1)  establish a retail rate, term, or condition that is anticompetitive or unreasonably preferential, prejudicial, or discriminatory;
(2)  establish a retail rate for a basic or non-basic service in a deregulated market that is subsidized either directly or indirectly by a basic or non-basic service provided in an exchange that is not deregulated; or
(3)  engage in predatory pricing or attempt to engage in predatory pricing.
(e)  A rate that meets the pricing requirements in Subsection (b) shall be deemed compliant with Subsection (d)(2).
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 26, eff. September 7, 2005.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 98 (S.B. 980), Sec. 19, eff. September 1, 2011.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 65 - Deregulation of Certain Incumbent Local Exchange Company Markets › Subchapter D. Transitioning Company › Section 65.154. Rate and Price Requirements Not Applicable

Sec. 65.154.  RATE AND PRICE REQUIREMENTS NOT APPLICABLE.  (a)  A transitioning company is not required to comply with the following requirements prescribed by this title on submission of a written notice to the commission:
(1)  a direct or indirect requirement to price a residential service at, above, or according to the long-run incremental cost of the service or to otherwise use long-run incremental cost in establishing prices for residential services; or
(2)  a requirement to file with the commission a long-run incremental cost study for residential or business services.
(b)  Notwithstanding Subsection (a), a transitioning company may not:
(1)  establish a retail rate, price, term, or condition that is anticompetitive or unreasonably preferential, prejudicial, or discriminatory;
(2)  establish a retail rate for a basic or non-basic service in a deregulated market that is subsidized either directly or indirectly by a basic or non-basic service provided in an exchange that is not deregulated; or
(3)  engage in predatory pricing or attempt to engage in predatory pricing.
(c)  A rate or price for a basic local telecommunications service is not anticompetitive, predatory, or unreasonably preferential, prejudicial, or discriminatory if the rate or price is equal to or greater than the rate or price in the transitioning company's tariff for that service in effect on the date the transitioning company submits notice to the commission under Subsection (a).
(d)  This section, including Subsection (a)(1), does not affect:
(1)  other law or legal standards governing predatory pricing or anticompetitive conduct; or
(2)  an infrastructure commitment under Chapter 58 or 59.
Added by Acts 2011, 82nd Leg., R.S., Ch. 98 (S.B. 980), Sec. 20, eff. January 2, 2012.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 65 - Deregulation of Certain Incumbent Local Exchange Company Markets › Subchapter D. Transitioning Company › Section 65.155. Complaint by Affected Person

Sec. 65.155.  COMPLAINT BY AFFECTED PERSON.  (a)  An affected person may file a complaint at the commission challenging whether a transitioning company is complying with Section 65.154(b).
(b)  Notwithstanding Section 65.154(a)(2), the commission may require a transitioning company to submit a long-run incremental cost study for a business service that is the subject of a complaint submitted under Subsection (a).
Added by Acts 2011, 82nd Leg., R.S., Ch. 98 (S.B. 980), Sec. 20, eff. January 2, 2012.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 65 - Deregulation of Certain Incumbent Local Exchange Company Markets › Subchapter E. Reduction of Switched Access Rates › Section 65.201. Reduction of Switched Access Rates by Deregulated Company

Sec. 65.201.  REDUCTION OF SWITCHED ACCESS RATES BY DEREGULATED COMPANY.  (a)  On the date the last market of an incumbent local exchange company is deregulated, the company shall reduce both the company's originating and terminating per minute of use switched access rates in each market to parity with the company's respective federal originating and terminating per minute of use switched access rates.
(b)  After reducing the rates under Subsection (a), a deregulated company shall maintain parity with the company's federal originating and terminating per minute of use switched access rates.  If the company's federal originating and terminating per minute of use switched access rates are changed, the company shall change the company's per minute of use switched access rates in each market as necessary to re-achieve parity with the company's federal originating and terminating per minute of use switched access rates.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 26, eff. September 7, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 65 - Deregulation of Certain Incumbent Local Exchange Company Markets › Subchapter E. Reduction of Switched Access Rates › Section 65.202. Reduction of Switched Access Rates by Transitioning Company With More Than Three Million Access Lines

Sec. 65.202.  REDUCTION OF SWITCHED ACCESS RATES BY TRANSITIONING COMPANY WITH MORE THAN THREE MILLION ACCESS LINES.  (a)  Notwithstanding any other provision of this title, a transitioning company that has more than three million access lines in service in this state on January 1, 2006, shall:
(1)  on July 1, 2006, reduce both the company's originating and terminating per minute of use switched access rates in each market by an amount equal to 33 percent of the difference in the rates in effect on June 30, 2006, and the company's respective federal originating and terminating per minute of use switched access rates;
(2)  on July 1, 2007, reduce both the company's originating and terminating per minute of use switched access rates in each market by an amount equal to 33 percent of the difference in the rates in effect on June 30, 2006, and the company's respective federal originating and terminating per minute of use switched access rates; and
(3)  on July 1, 2008, reduce both the company's originating and terminating per minute of use switched access rates in each market to parity with the company's respective federal originating and terminating per minute of use switched access rates.
(b)  After reducing the rates under Subsection (a), a transitioning company shall maintain parity with the company's federal originating and terminating per minute of use switched access rates.  If the company's federal originating and terminating per minute of use switched access rates are changed, the company shall change the company's per minute of use switched access rates in each market as necessary to re-achieve parity with the company's federal originating and terminating per minute of use switched access rates.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 26, eff. September 7, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 65 - Deregulation of Certain Incumbent Local Exchange Company Markets › Subchapter E. Reduction of Switched Access Rates › Section 65.205. Maintenance of Reduction or Parity

Sec. 65.205.  MAINTENANCE OF REDUCTION OR PARITY.  (a)  After a deregulated or transitioning company reduces the company's rates under this subchapter, the company may not increase those rates above the applicable rates prescribed by this subchapter.
(b)  If a transitioning company's federal per minute of use switched access rates are reduced, the company shall reduce the company's per minute of use switched access rates to not more than the applicable rates prescribed by this subchapter.
(c)  Notwithstanding Subsections (a) and (b), a deregulated or transitioning company may decrease the company's per minute of use switched access rates to amounts that are less than the applicable rates prescribed by this subchapter.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 26, eff. September 7, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 66 - State-Issued Cable and Video Franchise › Section 66.001. Franchising Authority

Sec. 66.001.  FRANCHISING AUTHORITY.  The commission shall be designated as the franchising authority for a state-issued franchise for the provision of cable service or video service.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 27, eff. September 7, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 66 - State-Issued Cable and Video Franchise › Section 66.007. Build-Out

Sec. 66.007.  BUILD-OUT.  The holder of a state-issued certificate of franchise authority shall not be required to comply with mandatory build-out provisions.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 27, eff. September 7, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 66 - State-Issued Cable and Video Franchise › Section 66.008. Customer Service Standards

Sec. 66.008.  CUSTOMER SERVICE STANDARDS.  The holder of a state-issued certificate of franchise authority shall comply with customer service requirements consistent with 47 C.F.R. Section 76.309(c) until there are two or more providers offering service, excluding direct-to-home satellite service, in the relevant municipality.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 27, eff. September 7, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 66 - State-Issued Cable and Video Franchise › Section 66.010. Nondiscrimination by Municipality

Sec. 66.010.  NONDISCRIMINATION BY MUNICIPALITY.  (a)  A municipality shall allow the holder of a state-issued certificate of franchise authority to install, construct, and maintain a communications network within a public right-of-way and shall provide the holder of a state-issued certificate of franchise authority with open, comparable, nondiscriminatory, and competitively neutral access to the public right-of-way.  All use of a public right-of-way by the holder of a state-issued certificate of franchise authority is nonexclusive and subject to Section 66.011.
(b)  A municipality may not discriminate against the holder of a state-issued certificate of franchise authority regarding:
(1)  the authorization or placement of a communications network in a public right-of-way;
(2)  access to a building; or
(3)  a municipal utility pole attachment term.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 27, eff. September 7, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 66 - State-Issued Cable and Video Franchise › Section 66.012. Indemnity in Connection With Right-of-Way; Notice of Liability

Sec. 66.012.  INDEMNITY IN CONNECTION WITH RIGHT-OF-WAY; NOTICE OF LIABILITY.  (a)  The holder of a state-issued certificate of franchise authority shall indemnify and hold a municipality and its officers and employees harmless against any and all claims, lawsuits, judgments, costs, liens, losses, expenses, fees (including reasonable attorney's fees and costs of defense), proceedings, actions, demands, causes of action, liability, and suits of any kind and nature, including personal or bodily injury (including death), property damage, or other harm for which recovery of damages is sought, that is found by a court of competent jurisdiction to be caused solely by the negligent act, error, or omission of the holder of a state-issued certificate of franchise authority or any agent, officer, director, representative, employee, affiliate, or subcontractor of the holder of a state-issued certificate of franchise authority or their respective officers, agents, employees, directors, or representatives, while installing, repairing, or maintaining facilities in a public right-of-way.  The indemnity provided by this subsection does not apply to any liability resulting from the negligence of the municipality or its officers, employees, contractors, or subcontractors.  If the holder of a state-issued certificate of franchise authority and the municipality are found jointly liable by a court of competent jurisdiction, liability shall be apportioned comparatively in accordance with the laws of this state without, however, waiving any governmental immunity available to the municipality under state law and without waiving any defenses of the parties under state law.  This subsection is solely for the benefit of the municipality and the holder of a state-issued certificate of franchise authority and does not create or grant any rights, contractual or otherwise, for or to any other person or entity.
(b)  The holder of a state-issued certificate of franchise authority and a municipality shall promptly advise the other in writing of any known claim or demand against the holder of a state-issued certificate of franchise authority or the municipality related to or arising out of the holder of a state-issued certificate of franchise authority's activities in a public right-of-way.
(c)  The commission shall have no jurisdiction to review such police power-based regulations and ordinances adopted by a municipality to manage the public rights-of-way.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 27, eff. September 7, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 66 - State-Issued Cable and Video Franchise › Section 66.013. Municipal Authority

Sec. 66.013.  MUNICIPAL AUTHORITY.  In addition to a municipality's authority to exercise its nondiscriminatory police power with respect to public rights-of-way under current law, a municipality's authority to regulate the holder of state-issued certificate of franchise authority is limited to:
(1)  a requirement that the holder of a state-issued certificate of franchise authority who is providing cable service or video service within the municipality register with the municipality and maintain a point of contact;
(2)  the establishment of reasonable guidelines regarding the use of public, educational, and governmental access channels; and
(3)  submitting reports within 30 days on the customer service standards referenced in Section 66.008 if the provider is subject to those standards and has continued and unresolved customer service complaints indicating a clear failure on the part of the holder of a state-issued certificate of franchise authority to comply with the standards.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 27, eff. September 7, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 66 - State-Issued Cable and Video Franchise › Section 66.014. Discrimination Prohibited

Sec. 66.014.  DISCRIMINATION PROHIBITED.  (a)  The purpose of this section is to prevent discrimination among potential residential subscribers.
(b)  A cable service provider or video service provider that has been granted a state-issued certificate of franchise authority may not deny access to service to any group of potential residential subscribers because of the income of the residents in the local area in which such group resides.
(c)  An affected person may seek enforcement of the requirements described by Subsection (b) by initiating a proceeding with the commission.  A municipality within which the potential residential cable service or video service subscribers referenced in Subsection (b) may be considered an affected person for purposes of this section.
(d)  The holder of a state-issued certificate of franchise authority shall have a reasonable period of time to become capable of providing cable service or video service to all households within the designated franchise area as defined in Section 66.003(b)(4) and may satisfy the requirements of this section through the use of an alternative technology that provides comparable content, service, and functionality.
(e)  Notwithstanding any provision of this chapter, the commission has the authority to make the determination regarding the comparability of the technology and the service provided.  Notwithstanding any provision of this chapter, the commission has the authority to monitor the deployment of cable services, video services, or alternate technology.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 27, eff. September 7, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 66 - State-Issued Cable and Video Franchise › Section 66.015. Compliance

Sec. 66.015.  COMPLIANCE.  (a)  Should the holder of a state-issued certificate of franchise authority be found by a court of competent jurisdiction to be in noncompliance with the requirements of this chapter, the court shall order the holder a state-issued certificate of franchise authority, within a specified reasonable period of time, to cure such noncompliance.  Failure to comply shall subject the holder of the state-issued franchise of franchise authority to penalties as the court shall reasonably impose, up to and including revocation of the state-issued certificate of franchise authority granted under this chapter.
(b)  A municipality within which the provider offers cable service or video service shall be an appropriate party in any such litigation.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 27, eff. September 7, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 66 - State-Issued Cable and Video Franchise › Section 66.016. Applicability of Other Laws

Sec. 66.016.  APPLICABILITY OF OTHER LAWS.  (a)  Nothing in this chapter shall be interpreted to prevent a voice provider, cable service provider or video service provider, or municipality from seeking clarification of its rights and obligations under federal law or to exercise any right or authority under federal or state law.
(b)  Nothing in this chapter shall limit the ability of a municipality under existing law to receive compensation for use of the public rights-of-way from entities determined not to be subject to all or part of this chapter, including but not limited to provider of Internet protocol cable or video services, unless such payments are expressly prohibited by federal law.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 27, eff. September 7, 2005.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle A - Gas Utility Regulatory Act › Chapter 101 - General Provisions and Office of Public Utility Counsel › Subchapter A. General Provisions › Section 101.001. Short Title

Sec. 101.001.  SHORT TITLE.  This subtitle may be cited as the Gas Utility Regulatory Act.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle A - Gas Utility Regulatory Act › Chapter 101 - General Provisions and Office of Public Utility Counsel › Subchapter A. General Provisions › Section 101.002. Purpose and Findings

Sec. 101.002.  PURPOSE AND FINDINGS.  (a)  This subtitle is enacted to protect the public interest inherent in the rates and services of gas utilities.  The purpose of this subtitle is to establish a comprehensive and adequate regulatory system for gas utilities to assure rates, operations, and services that are just and reasonable to the consumers and to the utilities.
(b)  Gas utilities are by definition monopolies in the areas they serve.  As a result, the normal forces of competition that regulate prices in a free enterprise society do not operate.  Public agencies regulate utility rates, operations, and services as a substitute for competition.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle A - Gas Utility Regulatory Act › Chapter 101 - General Provisions and Office of Public Utility Counsel › Subchapter A. General Provisions › Section 101.004. Person Determined to Be Affiliate

Sec. 101.004.  PERSON DETERMINED TO BE AFFILIATE.  (a)  The railroad commission may determine that a person is an affiliate for purposes of this subtitle if the railroad commission after notice and hearing finds that the person:
(1)  actually exercises substantial influence or control over the policies and actions of a gas utility;
(2)  is a person over which a gas utility exercises the control described by Subdivision (1);
(3)  is under common control with a gas utility;  or
(4)  actually exercises substantial influence over the policies and actions of a gas utility in conjunction with one or more persons with whom the person is related by ownership or blood relationship, or by action in concert, that together they are affiliated with the gas utility within the meaning of this section even though neither person may qualify as an affiliate individually.
(b)  For purposes of Subsection (a)(3), "common control with a gas utility" means the direct or indirect possession of the power to direct or cause the direction of the management and policies of another, without regard to whether that power is established through ownership or voting of securities or by any other direct or indirect means.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle A - Gas Utility Regulatory Act › Chapter 101 - General Provisions and Office of Public Utility Counsel › Subchapter A. General Provisions › Section 101.005. Administrative Procedure

Sec. 101.005.  ADMINISTRATIVE PROCEDURE.  Chapter 2001, Government Code, applies to a proceeding under this subtitle except to the extent inconsistent with this subtitle.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle A - Gas Utility Regulatory Act › Chapter 101 - General Provisions and Office of Public Utility Counsel › Subchapter A. General Provisions › Section 101.006. Cumulative Effect; Application to Gas Utilities

Sec. 101.006.  CUMULATIVE EFFECT;  APPLICATION TO GAS UTILITIES.  (a)  This subtitle is cumulative of laws existing on September 1, 1983, relating to the jurisdiction, power, or authority of the railroad commission over a gas utility, and, except as specifically in conflict with this subtitle, that jurisdiction, power, and authority are not limited by this subtitle.
(b)  This subtitle applies to all gas utilities, including a gas utility that is under the jurisdiction, power, or authority of the railroad commission in accordance with a law other than this subtitle.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle A - Gas Utility Regulatory Act › Chapter 101 - General Provisions and Office of Public Utility Counsel › Subchapter A. General Provisions › Section 101.007. Liberal Construction

Sec. 101.007.  LIBERAL CONSTRUCTION.  This subtitle shall be construed liberally to promote the effectiveness and efficiency of regulation of gas utilities to the extent that this construction preserves the validity of this subtitle and its provisions.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle A - Gas Utility Regulatory Act › Chapter 101 - General Provisions and Office of Public Utility Counsel › Subchapter A. General Provisions › Section 101.008. Construction With Federal Authority

Sec. 101.008.  CONSTRUCTION WITH FEDERAL AUTHORITY.  This subtitle shall be construed to apply so as not to conflict with any authority of the United States.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle A - Gas Utility Regulatory Act › Chapter 101 - General Provisions and Office of Public Utility Counsel › Subchapter A. General Provisions › Section 101.009. State Authority to Sell or Convey Natural Gas

Sec. 101.009.  STATE AUTHORITY TO SELL OR CONVEY NATURAL GAS.  (a)  In this section:
(1)  "Commissioner" means the commissioner of the General Land Office.
(2)  "Public retail customer" means a retail customer that is an agency of this state, a state institution of higher education, a public school district, a political subdivision of this state, a military installation of the United States, or a United States Department of Veterans Affairs facility.
(b)  The commissioner, acting on behalf of the state, may sell or otherwise convey natural gas generated from royalties taken in kind as provided by Sections 52.133(f), 53.026, and 53.077, Natural Resources Code, directly to a public retail customer.
(c)  To ensure that the state receives the maximum benefit from the sale of natural gas generated from royalties taken in kind, the commissioner shall use all feasible means to sell that natural gas first to public retail customers that are military installations of the United States, agencies of this state, institutions of higher education, or public school districts.  The remainder of the natural gas, if any, may be sold to public retail customers that are political subdivisions of this state or to a United States Department of Veterans Affairs facility.
Added by Acts 1999, 76th Leg., ch. 405, Sec. 22, eff. Sept. 1, 1999.  Amended by Acts 2003, 78th Leg., ch. 149, Sec. 20, eff. May 27, 2003.
Transferred, redesignated and amended from Utilities Code, Section 35.102 by Acts 2019, 86th Leg., R.S., Ch. 53 (H.B. 2263), Sec. 5, eff. May 17, 2019.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle A - Gas Utility Regulatory Act › Chapter 101 - General Provisions and Office of Public Utility Counsel › Subchapter B. Office of Public Utility Counsel › Section 101.051. Office of Public Utility Counsel

Sec. 101.051.  OFFICE OF PUBLIC UTILITY COUNSEL.  The independent office of public utility counsel represents the interests of residential consumers.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle A - Gas Utility Regulatory Act › Chapter 101 - General Provisions and Office of Public Utility Counsel › Subchapter B. Office of Public Utility Counsel › Section 101.052. Office Powers and Duties

Sec. 101.052.  OFFICE POWERS AND DUTIES.  (a)  The office:
(1)  may appear or intervene as a party or otherwise represent residential consumers, as a class, in appeals to the railroad commission only at the written request of an affected municipality's governing body;
(2)  may initiate or intervene as a matter of right or otherwise appear in a judicial proceeding that involves an action taken by the railroad commission in a proceeding in which the office was a party;
(3)  is entitled to the same access as a party, other than railroad commission staff, to records gathered by the railroad commission under Section 102.203;
(4)  is entitled to discovery of any nonprivileged matter that is relevant to the subject matter of a proceeding or petition before the railroad commission;
(5)  may represent an individual residential consumer with respect to the consumer's disputed complaint concerning utility services that is unresolved before the railroad commission;  and
(6)  may recommend legislation to the legislature that the office determines would positively affect the interests of residential consumers.
(b)  The office may represent only as a class the residential consumers of a municipality that makes a request under Subsection (a)(1).
(c)  This section does not limit the authority of the railroad commission to represent residential consumers.
(d)  The appearance of the counsellor in a proceeding does not preclude the appearance of other parties on behalf of residential consumers.  The counsellor may not be grouped with any other party.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle A - Gas Utility Regulatory Act › Chapter 101 - General Provisions and Office of Public Utility Counsel › Subchapter B. Office of Public Utility Counsel › Section 101.053. Prohibited Acts

Sec. 101.053.  PROHIBITED ACTS.  (a)  The counsellor may not:
(1)  have a direct or indirect interest in a gas utility company regulated under this subtitle;  or
(2)  provide legal services directly or indirectly to or be employed in any capacity by a gas utility company regulated under this subtitle, its parent, or its subsidiary companies, corporations, or cooperatives.
(b)  The prohibition under Subsection (a) applies during the period of the counsellor's service and until the first anniversary of the date the counsellor ceases to serve as counsellor.
(c)  This section does not prohibit a person from otherwise engaging in the private practice of law after the person ceases to serve as counsellor.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle A - Gas Utility Regulatory Act › Chapter 101 - General Provisions and Office of Public Utility Counsel › Subchapter B. Office of Public Utility Counsel › Section 101.054. Personnel

Sec. 101.054.  PERSONNEL.  (a)  The counsellor may employ lawyers, economists, engineers, consultants, statisticians, accountants, clerical staff, and other employees as the counsellor determines necessary to carry out this subchapter.
(b)  An employee receives compensation as prescribed by the legislature from the assessment imposed by Subchapter A, Chapter 16.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle A - Gas Utility Regulatory Act › Chapter 102 - Jurisdiction and Powers of Railroad Commission and Other Regulatory Authorities › Subchapter A. General Powers of Railroad Commission › Section 102.001. Railroad Commission Jurisdiction

Sec. 102.001.  RAILROAD COMMISSION JURISDICTION.  (a)  The railroad commission has exclusive original jurisdiction over the rates and services of a gas utility:
(1)  that distributes natural gas or synthetic natural gas in:
(A)  areas outside a municipality;  and
(B)  areas inside a municipality that surrenders its jurisdiction to the railroad commission under Section 103.003;  and
(2)  that transmits, transports, delivers, or sells natural gas or synthetic natural gas to a gas utility that distributes the gas to the public.
(b)  The railroad commission has exclusive appellate jurisdiction to review an order or ordinance of a municipality exercising exclusive original jurisdiction as provided by this subtitle.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1233, Sec. 63, eff. Sept. 1, 2001.