reglab/statecodes huggingface dataset:
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 36 - Rates › Subchapter I. Securitization for Recovery of System › Section 36.401. Securitization for Recovery of System Restoration Costs; Purpose

Sec. 36.401.  SECURITIZATION FOR RECOVERY OF SYSTEM RESTORATION COSTS; PURPOSE.  (a)  The purpose of this subchapter is to enable an electric utility to obtain timely recovery of system restoration costs and to use securitization financing to recover these costs, because that type of debt will lower the carrying costs associated with the recovery of these costs, relative to the costs that would be incurred using conventional financing methods.  The proceeds of the transition bonds may be used only for the purposes of reducing the amount of recoverable system restoration costs, as determined by the commission in accordance with this subchapter, including the refinancing or retirement of utility debt or equity.
(b)  It is the intent of the legislature that:
(1)  securitization of system restoration costs will be accomplished using the same procedures, standards, and protections for securitization authorized under Subchapter G, Chapter 39, as in effect on the effective date of this section, except as provided by this subchapter; and
(2)  the commission will ensure that securitization of system restoration costs provides greater tangible and quantifiable benefits to ratepayers than would have been achieved without the issuance of transition bonds.
Added by Acts 2009, 81st Leg., R.S., Ch. 1 (S.B. 769), Sec. 1, eff. April 16, 2009.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 36 - Rates › Subchapter I. Securitization for Recovery of System › Section 36.404. Nonbypassable Charges

Sec. 36.404.  NONBYPASSABLE CHARGES.  The commission shall include terms in the financing order to ensure that the imposition and collection of transition charges associated with the recovery of system restoration costs are nonbypassable by imposing restrictions on bypassability of the type provided for in Chapter 39 or by alternative means of ensuring nonbypassability, as the commission considers appropriate, consistent with the purposes of securitization.
Added by Acts 2009, 81st Leg., R.S., Ch. 1 (S.B. 769), Sec. 1, eff. April 16, 2009.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 36 - Rates › Subchapter I. Securitization for Recovery of System › Section 36.406. Severability

Sec. 36.406.  SEVERABILITY.  Effective on the date the first utility transition bonds associated with system restoration costs are issued under this subchapter, if any provision in this title or portion of this title is held to be invalid or is invalidated, superseded, replaced, repealed, or expires for any reason, that occurrence does not affect the validity or continuation of this subchapter, Subchapter G, Chapter 39, as it applies to this subchapter, or any part of those provisions, or any other provision of this title that is relevant to the issuance, administration, payment, retirement, or refunding of transition bonds or to any actions of the electric utility, its successors, an assignee, a collection agent, or a financing party, and those provisions shall remain in full force and effect.
Added by Acts 2009, 81st Leg., R.S., Ch. 1 (S.B. 769), Sec. 1, eff. April 16, 2009.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 36 - Rates › Subchapter J. Lower-Cost Financing Mechanism for Securitization for Recovery of System Restoration Costs › Section 36.452. Definitions

Sec. 36.452.  DEFINITIONS.  (a) In this subchapter:
(1)  "Corporation" means the Texas Electric Utility System Restoration Corporation.
(2)  "Issuer" means the corporation or any other corporation, public trust, public instrumentality, or entity that issues system restoration bonds approved by a financing order.
(b)  For the purposes of this subchapter, "qualified costs," as defined by Section 39.302 and as used in Subchapter G, Chapter 39, also includes all costs of establishing, maintaining, and operating the corporation and all costs of the corporation and an issuer in connection with the issuance and servicing of the system restoration bonds, all as approved in the financing order.
(c)  Except as otherwise specifically provided by this subchapter, any defined terms provided by Subchapter I of this chapter and, if made applicable by Subchapter I of this chapter, Subchapter G, Chapter 39, have the same meaning in this subchapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 198 (H.B. 1510), Sec. 2, eff. June 1, 2021.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 36 - Rates › Subchapter J. Lower-Cost Financing Mechanism for Securitization for Recovery of System Restoration Costs › Section 36.453. Creation of Corporation

Sec. 36.453.  CREATION OF CORPORATION.  (a) The corporation is a nonprofit corporation and instrumentality of the state, and shall perform the essential governmental function of financing system restoration costs in accordance with this subchapter. The corporation:
(1)  shall perform only functions consistent with this subchapter;
(2)  shall exercise its powers through a governing board;
(3)  is subject to the regulation of the commission; and
(4)  has a legal existence as a public corporate body and instrumentality of the state separate and distinct from the state.
(b)  Assets of the corporation may not be considered part of any state fund. The state may not budget for or provide any state money to the corporation. The debts, claims, obligations, and liabilities of the corporation may not be considered to be a debt of the state or a pledge of its credit.
(c)  The corporation must be self-funded. Before the imposition of transition charges or system restoration charges, the corporation may accept and expend for its operating expenses money that may be received from any source, including financing agreements with the state, a commercial bank, or another entity to:
(1)  finance the corporation's obligations until the corporation receives sufficient transition property to cover its operating expenses as financing costs; and
(2)  repay any short-term borrowing under any such financing agreements.
(d)  The corporation has the powers, rights, and privileges provided for a corporation organized under Chapter 22, Business Organizations Code, subject to the express exceptions and limitations provided by this subchapter.
(e)  An organizer selected by the executive director of the commission shall prepare the certificate of formation of the corporation under Chapters 3 and 22, Business Organizations Code. The certificate of formation must be consistent with the provisions of this subchapter.
(f)  State officers and agencies are authorized to render services to the corporation, within their respective functions, as may be requested by the commission or the corporation.
(g)  The corporation or an issuer may:
(1)  retain professionals, financial advisors, and accountants the corporation or issuer considers necessary to fulfill the corporation's or issuer's duties under this subchapter; and
(2)  determine the duties and compensation of a person retained under Subdivision (1), subject to the approval of the commission.
(h)  The corporation is governed by a board of five directors appointed by the commission for two-year terms.
(i)  An official action of the board requires the favorable vote of a majority of the directors present and voting at a meeting of the board.
Added by Acts 2021, 87th Leg., R.S., Ch. 198 (H.B. 1510), Sec. 2, eff. June 1, 2021.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 36 - Rates › Subchapter J. Lower-Cost Financing Mechanism for Securitization for Recovery of System Restoration Costs › Section 36.455. Commission Regulation of Corporation

Sec. 36.455.  COMMISSION REGULATION OF CORPORATION.  The commission shall regulate the corporation as provided by this subchapter and consistent with the manner in which it regulates public utilities. Notwithstanding the regulation authorized by this section, the corporation is not a public utility.
Added by Acts 2021, 87th Leg., R.S., Ch. 198 (H.B. 1510), Sec. 2, eff. June 1, 2021.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 36 - Rates › Subchapter J. Lower-Cost Financing Mechanism for Securitization for Recovery of System Restoration Costs › Section 36.457. Severability

Sec. 36.457.  SEVERABILITY.  Effective on the date the first system restoration bonds associated with system restoration costs are issued under this subchapter, if any provision in this title or portion of this title is held to be invalid or is invalidated, superseded, replaced, repealed, or expires for any reason, that occurrence does not affect the validity or continuation of this subchapter, Subchapter I of this chapter, as that subchapter applies to this subchapter, Subchapter G, Chapter 39, as that subchapter applies to this subchapter, or any part of those provisions, or any other provision of this title that is relevant to the issuance, administration, payment, retirement, or refunding of system restoration bonds or to any actions of the electric utility, its successors, an assignee, a collection agent, the corporation, an issuer, or a financing party, and those provisions shall remain in full force and effect.
Added by Acts 2021, 87th Leg., R.S., Ch. 198 (H.B. 1510), Sec. 2, eff. June 1, 2021.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 37 - Certificates of Convenience and Necessity › Subchapter A. Definitions › Section 37.001. Definitions

Sec. 37.001.  DEFINITIONS.  In this chapter:
(1)  "Certificate" means a certificate of convenience and necessity.
(2)  "Electric utility" includes an electric cooperative.
(3)  "Retail electric utility" means a person, political subdivision, electric cooperative, or agency that operates, maintains, or controls in this state a facility to provide retail electric utility service.  The term does not include a corporation described by Section 32.053 to the extent that the corporation sells electricity exclusively at wholesale and not to the ultimate consumer.  A qualifying cogenerator that sells electric energy at retail to the sole purchaser of the cogenerator's thermal output under Sections 35.061 and 36.007 is not for that reason considered to be a retail electric utility.  The owner or operator of a qualifying cogeneration facility who was issued the necessary environmental permits from the Texas Natural Resource Conservation Commission after January 1, 1998, and who commenced construction of such qualifying facility before July 1, 1998, may provide electricity to the purchasers of the thermal output of that qualifying facility and shall not for that reason be considered an electric utility or a retail electric utility, provided that the purchasers of the thermal output are owners of manufacturing or process operation facilities that are located on a site entirely owned before September, 1987, by one owner who retained ownership after September, 1987, of some portion of the facilities and that those facilities now share some integrated operations, such as the provision of services and raw materials.  A person who is an electric generation equipment lessor or operator is not for that reason considered to be a retail electric utility. A person who owns or operates equipment used solely to provide electricity charging service for consumption by an alternatively fueled vehicle, as defined by Section 502.004, Transportation Code, is not for that reason considered to be a retail electric utility.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 405, Sec. 29, eff. Sept. 1, 1999.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 255 (H.B. 1572), Sec. 2, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 389 (S.B. 1202), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 37 - Certificates of Convenience and Necessity › Subchapter A. Definitions › Section 37.002. Charging Service

Sec. 37.002.  CHARGING SERVICE.  The commission may by rule exempt from the definition of "retail electric utility" under Section 37.001 a provider who owns or operates equipment used solely to provide electricity charging service for a mode of transportation.
Added by Acts 2021, 87th Leg., R.S., Ch. 389 (S.B. 1202), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 37 - Certificates of Convenience and Necessity › Subchapter B. Certificate of Convenience and Necessity › Section 37.052. Exceptions to Certificate Requirement for Service Extension

Sec. 37.052.  EXCEPTIONS TO CERTIFICATE REQUIREMENT FOR SERVICE EXTENSION.  (a)  An electric utility is not required to obtain a certificate for an:
(1)  extension into territory that is:
(A)  contiguous to the territory the electric utility serves;
(B)  not receiving similar service from another electric utility;  and
(C)  not in another electric utility's certificated area;
(2)  extension in or to territory the utility serves or is authorized to serve under a certificate;  or
(3)  operation, extension, or service in progress on September 1, 1975.
(b)  An extension allowed under Subsection (a) is limited to a device used:
(1)  to interconnect existing facilities;  or
(2)  solely to transmit electric utility services from an existing facility to a customer of retail electric utility service.
(c)  An electric utility is not required to amend the utility's certificate of public convenience and necessity to construct a transmission line that connects the utility's existing transmission facilities to a substation or metering point if:
(1)  the transmission line does not exceed:
(A)  three miles in length, if the line connects to a load-serving substation or metering point; or
(B)  two miles in length, if the line connects to a generation substation or metering point;
(2)  each landowner whose property would be directly affected by the transmission line, as provided by commission rules, provides written consent for the transmission line; and
(3)  all rights-of-way necessary for construction of the transmission line have been purchased.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 876 (S.B. 1281), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 37 - Certificates of Convenience and Necessity › Subchapter B. Certificate of Convenience and Necessity › Section 37.0521. Exception for Retail Sales by Certain Qualifying Cogenerators

Sec. 37.0521.  EXCEPTION FOR RETAIL SALES BY CERTAIN QUALIFYING COGENERATORS.  (a)  Notwithstanding Section 37.001(3), a qualifying cogenerator may sell electric energy at retail to more than one purchaser of the cogenerator's thermal output.
(b)  Selling electric energy at retail to more than one purchaser does not, as a result of that sale, subject a qualifying cogenerator to regulation as:
(1)  a retail electric provider or power generation company; or
(2)  a retail electric utility under Chapter 37.
(c)  This section does not apply to sales in an area:
(1)  in which customer choice has not been adopted and where a municipally owned utility or an electric cooperative is certificated to provide retail electric utility service; or
(2)  that is served by an electric utility that operates solely outside of ERCOT.
Added by Acts 2013, 83rd Leg., R.S., Ch. 979 (H.B. 2049), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 37 - Certificates of Convenience and Necessity › Subchapter B. Certificate of Convenience and Necessity › Section 37.053. Application for Certificate

Sec. 37.053.  APPLICATION FOR CERTIFICATE.  (a)  An electric utility that wants to obtain or amend a certificate must submit an application to the commission.
(b)  The applicant shall file with the commission evidence the commission requires to show the applicant has received the consent, franchise, or permit required by the proper municipal or other public authority.
(c)  The commission may not require the applicant to designate a preferred route for a proposed transmission line facility.
(d)  For transmission facilities ordered or approved by the commission under Chapter 37 or 39, the rights extended to an electric corporation under Section 181.004 include all public land, except land owned by the state, on which the commission has approved the construction of the line.  This subsection does not limit a municipality's rights or an electric utility's obligations under Chapter 33.  Nothing in this subsection shall be interpreted to prevent a public entity from expressing a route preference in a proceeding under this chapter.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1170 (H.B. 3309), Sec. 3, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 949 (H.B. 971), Sec. 1, eff. June 17, 2011.
Acts 2019, 86th Leg., R.S., Ch. 44 (S.B. 1938), Sec. 2, eff. May 16, 2019.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 37 - Certificates of Convenience and Necessity › Subchapter B. Certificate of Convenience and Necessity › Section 37.054. Notice and Hearing on Application

Sec. 37.054.  NOTICE AND HEARING ON APPLICATION.  (a)  When an application for a certificate is filed, the commission shall:
(1)  give notice of the application to interested parties and to the office; and
(2)  if requested:
(A)  set a time and place for a hearing; and
(B)  give notice of the hearing.
(b)  A person or electric cooperative interested in the application may intervene at the hearing.
(c)  In addition to any notice provided under Subsection (a), the commission shall require the applicant to provide written notice of each substation proposed to be authorized by a certificate of convenience and necessity to each owner of:
(1)  property adjacent to the property on which the substation will be located; and
(2)  property located directly across a highway, road, or street that is adjacent to the property on which the substation will be located.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 405, Sec. 31, eff. Sept. 1, 1999.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 416 (S.B. 855), Sec. 2, eff. June 17, 2011.
Acts 2023, 88th Leg., R.S., Ch. 1053 (S.B. 365), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 37 - Certificates of Convenience and Necessity › Subchapter B. Certificate of Convenience and Necessity › Section 37.0541. Consolidation of Certain Proceedings

Sec. 37.0541.  CONSOLIDATION OF CERTAIN PROCEEDINGS.  The commission shall consolidate the proceeding on an application to obtain or amend a certificate of convenience and necessity for the construction of a transmission line with the proceeding on another application to obtain or amend a certificate of convenience and necessity for the construction of a transmission line if it is apparent from the applications or a motion to intervene in either proceeding that the transmission lines that are the subject of the separate proceedings share a common point of interconnection.
Added by Acts 2009, 81st Leg., R.S., Ch. 1170 (H.B. 3309), Sec. 1, eff. June 19, 2009.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 410 (H.B. 1500), Sec. 11, eff. September 1, 2023.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 37 - Certificates of Convenience and Necessity › Subchapter B. Certificate of Convenience and Necessity › Section 37.055. Request for Preliminary Order

Sec. 37.055.  REQUEST FOR PRELIMINARY ORDER.  (a)  An electric utility that wants to exercise a right or privilege under a franchise or permit that the utility anticipates obtaining but has not been granted may apply to the commission for a preliminary order under this section.
(b)  The commission may issue a preliminary order declaring that the commission, on application and under commission rules, will grant the requested certificate on terms the commission designates, after the electric utility obtains the franchise or permit.
(c)  The commission shall grant the certificate on presentation of evidence satisfactory to the commission that the electric utility has obtained the franchise or permit.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1170 (H.B. 3309), Sec. 4, eff. June 19, 2009.
Acts 2019, 86th Leg., R.S., Ch. 44 (S.B. 1938), Sec. 3, eff. May 16, 2019.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 37 - Certificates of Convenience and Necessity › Subchapter B. Certificate of Convenience and Necessity › Section 37.057. Deadline for Application for New Transmission Facility

Sec. 37.057.  DEADLINE FOR APPLICATION FOR NEW TRANSMISSION FACILITY.  The commission must approve or deny an application for a certificate for a new transmission facility not later than the 180th day after the date the application is filed.  If the commission does not approve or deny the application on or before that date, a party may seek a writ of mandamus in a district court of Travis County to compel the commission to decide on the application.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1170 (H.B. 3309), Sec. 4, eff. June 19, 2009.
Acts 2019, 86th Leg., R.S., Ch. 44 (S.B. 1938), Sec. 5, eff. May 16, 2019.
Acts 2023, 88th Leg., R.S., Ch. 348 (S.B. 1076), Sec. 1, eff. June 2, 2023.
Acts 2023, 88th Leg., R.S., Ch. 892 (H.B. 5066), Sec. 2, eff. June 13, 2023.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 37 - Certificates of Convenience and Necessity › Subchapter B. Certificate of Convenience and Necessity › Section 37.058. Certificate and Determination Issued to Certain Non-Ercot Utilities for Generating Facility

Sec. 37.058.  CERTIFICATE AND DETERMINATION ISSUED TO CERTAIN NON-ERCOT UTILITIES FOR GENERATING FACILITY. (a) This section applies only to an electric utility that operates solely outside of ERCOT.
(b)  An electric utility may file with the commission a request that the commission:
(1)  grant a certificate for an electric generating facility;
(2)  make a public interest determination for the purchase of an existing electric generating facility under Section 14.101; or
(3)  both grant a certificate and make a determination.
(c)  Notwithstanding any other law, in a proceeding involving the purchase of an existing electric generating facility, the commission shall issue a final order on a certificate for the facility or making a determination on the facility required by Section 14.101, as applicable, not later than the 181st day after the date a request for the certificate or determination is filed with the commission under Subsection (b). For generating facilities granted a certificate under this subsection, notwithstanding Section 36.053, the utility's recoverable invested capital included in rates shall be determined by the commission.
(d)  Notwithstanding any other law, in a proceeding involving a newly constructed generating facility, the commission shall issue a final order on a certificate for the facility not later than the 366th day after the date a request for the certificate is filed with the commission under Subsection (b).
(e)  Notwithstanding any other provision of this title, an electric utility operating solely outside of the ERCOT power region may, but shall not be required to, obtain a certificate to install, own, or operate a generation facility with a capacity of 10 megawatts or less.
Added by Acts 2015, 84th Leg., R.S., Ch. 733 (H.B. 1535), Sec. 4, eff. June 17, 2015.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 198 (H.B. 1510), Sec. 4, eff. June 1, 2021.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 37 - Certificates of Convenience and Necessity › Subchapter B. Certificate of Convenience and Necessity › Section 37.061. Existing Service Area Agreements

Sec. 37.061.  EXISTING SERVICE AREA AGREEMENTS.  (a)  Notwithstanding any other provision of this title, the commission shall allow a municipally owned utility to amend the service area boundaries of its certificate if:
(1)  the municipally owned utility was the holder of a certificate as of January 1, 1999;
(2)  the municipally owned utility has an agreement existing before January 1, 1999, with a public utility serving the area that the public utility will not contest an application to amend the certificate to add municipal territory;  and
(3)  the area for which a certificate is requested is not certificated to a retail electric utility that is not a party to the agreement and that has not consented in writing to certification of the area to the municipality.
(b)  The commission may not amend the certificate of the public utility serving the affected area based on the granting of a certificate to the municipally owned utility.
Added by Acts 1999, 76th Leg., ch. 405, Sec. 32, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 37 - Certificates of Convenience and Necessity › Subchapter C. Municipalities › Section 37.101. Service in Annexed or Incorporated Area

Sec. 37.101.  SERVICE IN ANNEXED OR INCORPORATED AREA.  (a)  If an area is or will be included within a municipality as the result of annexation, incorporation, or another reason, each electric utility and each electric cooperative that holds or is entitled to hold a certificate under this title to provide service or operate a facility in the area before the inclusion has the right to continue to provide the service or operate the facility and extend service within the utility's or cooperative's certificated area in the annexed or incorporated area under the rights granted by the certificate and this title.
(b)  Notwithstanding any other law, an electric utility has the right to:
(1)  continue and extend service within the utility's certificated area;  and
(2)  use roads, streets, highways, alleys, and public property to furnish retail electric utility service.
(c)  The governing body of a municipality may require an electric utility to relocate the utility's facility at the utility's expense to permit the widening or straightening of a street by:
(1)  giving the electric utility 30 days' notice;  and
(2)  specifying the new location for the facility along the right-of-way of the street.
(d)  This section does not:
(1)  limit the power of a city, town, or village to incorporate or of a municipality to extend its boundaries by annexation;  or
(2)  prohibit a municipality from levying a tax or other special charge for the use of the streets as authorized by Section 182.025, Tax Code.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 405, Sec. 33, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 37 - Certificates of Convenience and Necessity › Subchapter C. Municipalities › Section 37.102. Grant of Certificate for Certain Municipalities

Sec. 37.102.  GRANT OF CERTIFICATE FOR CERTAIN MUNICIPALITIES.  (a)  If a municipal corporation offers retail electric utility service in a municipality having a population of more than 151,000 that is located in a county having a population of more than 2.5 million, the commission shall singly certificate areas in the municipality's boundaries in which more than one electric utility provides electric utility service.
(b)  In singly certificating an area under Subsection (a), the commission shall preserve the right of an electric utility to serve the customers the electric utility was serving on June 17, 1983.  This subsection does not apply to a customer at least partially served by a nominal 69,000 volts system who gave notice of termination to the utility servicing that customer before June 17, 1983.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1163 (H.B. 2702), Sec. 179, eff. September 1, 2011.
Acts 2023, 88th Leg., R.S., Ch. 644 (H.B. 4559), Sec. 272, eff. September 1, 2023.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 37 - Certificates of Convenience and Necessity › Subchapter D. Regulation of Services, Areas, and Facilities › Section 37.151. Provision of Service

Sec. 37.151.  PROVISION OF SERVICE.  Except as provided by Sections 37.152 and 37.153, a certificate holder shall:
(1)  serve every consumer in the utility's certificated area; and
(2)  provide continuous and adequate service in that area.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1170 (H.B. 3309), Sec. 4, eff. June 19, 2009.
Acts 2019, 86th Leg., R.S., Ch. 44 (S.B. 1938), Sec. 6, eff. May 16, 2019.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 37 - Certificates of Convenience and Necessity › Subchapter D. Regulation of Services, Areas, and Facilities › Section 37.152. Grounds for Reduction of Service

Sec. 37.152.  GROUNDS FOR REDUCTION OF SERVICE.  (a)  Unless the commission issues a certificate that the present and future convenience and necessity will not be adversely affected, a certificate holder may not discontinue, reduce, or impair service to any part of the holder's certificated service area except for:
(1)  nonpayment of charges;
(2)  nonuse;  or
(3)  another similar reason that occurs in the usual course of business.
(b)  A discontinuance, reduction, or impairment of service must be in compliance with and subject to any condition or restriction the commission prescribes.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 37 - Certificates of Convenience and Necessity › Subchapter D. Regulation of Services, Areas, and Facilities › Section 37.153. Required Refusal of Service

Sec. 37.153.  REQUIRED REFUSAL OF SERVICE.  A certificate holder shall refuse to serve a customer in the holder's certificated area if the holder is prohibited from providing the service under Section 212.012, 232.029, or 232.0291, Local Government Code.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 708 (S.B. 425), Sec. 13, eff. September 1, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 37 - Certificates of Convenience and Necessity › Subchapter D. Regulation of Services, Areas, and Facilities › Section 37.154. Transfer of Certificate

Sec. 37.154.  TRANSFER OF CERTIFICATE.  (a)  An electric utility or municipally owned utility may sell, assign, or lease a certificate or a right obtained under a certificate if the purchaser, assignee, or lessee is already certificated by the commission to provide electric service within the same electric power region, coordinating council, independent system operator, or power pool, or if the purchaser, assignee, or lessee is an electric cooperative or municipally owned utility.  As part of a transaction subject to Sections 39.262(l)-(o) and 39.915, the commission may approve a sale, assignment, or lease to an entity that has not been previously certificated if the approval will not diminish the retail rate jurisdiction of this state.  Any purchase, assignment, or lease under this section requires that the commission determine that the purchaser, assignee, or lessee can provide adequate service.
(b)  A sale, assignment, or lease of a certificate or a right is subject to conditions the commission prescribes.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 44 (S.B. 1938), Sec. 7, eff. May 16, 2019.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 37 - Certificates of Convenience and Necessity › Subchapter D. Regulation of Services, Areas, and Facilities › Section 37.155. Application of Contracts

Sec. 37.155.  APPLICATION OF CONTRACTS.  A contract approved by the commission between retail electric utilities that designates areas and customers to be served by the utilities:
(1)  is valid and enforceable;  and
(2)  shall be incorporated into the appropriate areas of certification.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 37 - Certificates of Convenience and Necessity › Subchapter D. Regulation of Services, Areas, and Facilities › Section 37.156. Interference With Another Utility

Sec. 37.156.  INTERFERENCE WITH ANOTHER UTILITY.  If an electric utility constructing or extending the utility's lines, plant, or system interferes or attempts to interfere with the operation of a line, plant, or system of another utility, the commission by order may:
(1)  prohibit the construction or extension;  or
(2)  prescribe terms for locating the affected lines, plants, or systems.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 37 - Certificates of Convenience and Necessity › Subchapter D. Regulation of Services, Areas, and Facilities › Section 37.157. Maps

Sec. 37.157.  MAPS.  (a)  An electric utility shall file with the commission one or more maps that show each utility facility and that separately illustrate each utility facility for the generation, transmission, or distribution of the utility's services on a date the commission orders.
(b)  Each electric utility, transmission and distribution utility, electric cooperative, and municipally owned utility shall provide the utility's service area boundary map, using good faith efforts, in a geographic information system format to the commission.  The service area boundary map may be provided to the commission in a geodatabase feature class or shapefile.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 85 (S.B. 1093), Sec. 1, eff. May 19, 2023.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 38 - Regulation of Electric Services › Subchapter A. Standards › Section 38.001. General Standard

Sec. 38.001.  GENERAL STANDARD.  An electric utility and an electric cooperative shall furnish service, instrumentalities, and facilities that are safe, adequate, efficient, and reasonable.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 405, Sec. 34, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 38 - Regulation of Electric Services › Subchapter A. Standards › Section 38.002. Authority of Regulatory Authority Concerning Standards

Sec. 38.002.  AUTHORITY OF REGULATORY AUTHORITY CONCERNING STANDARDS.  A regulatory authority, on its own motion or on complaint and after reasonable notice and hearing, may:
(1)  adopt just and reasonable standards, classifications, rules, or practices an electric utility must follow in furnishing a service;
(2)  adopt adequate and reasonable standards for measuring a condition, including quantity, quality, pressure, and initial voltage, relating to the furnishing of a service;
(3)  adopt reasonable rules for examining, testing, and measuring a service;  and
(4)  adopt or approve reasonable rules, specifications, and standards to ensure the accuracy of equipment, including meters and instruments, used to measure a service.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 38 - Regulation of Electric Services › Subchapter A. Standards › Section 38.003. Rule or Standard

Sec. 38.003.  RULE OR STANDARD.  (a)  An electric utility may not impose a rule except as provided by this title.
(b)  An electric utility may file with the regulatory authority a standard, classification, rule, or practice the utility follows.
(c)  The standard, classification, rule, or practice continues in force until:
(1)  amended by the utility;  or
(2)  changed by the regulatory authority as provided by this title.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 38 - Regulation of Electric Services › Subchapter A. Standards › Section 38.005. Electric Service Reliability Measures

Sec. 38.005.  ELECTRIC SERVICE RELIABILITY MEASURES.  (a)  The commission shall implement service quality and reliability standards relating to the delivery of electricity to retail customers by electric utilities and transmission and distribution utilities.  The commission by rule shall develop reliability standards, including:
(1)  the system-average interruption frequency index (SAIFI);
(2)  the system-average interruption duration index (SAIDI);
(3)  achievement of average response time for customer service requests or inquiries;  or
(4)  other standards that the commission finds reasonable and appropriate.
(b)  The commission may take appropriate enforcement action under this section, including action against a utility, if any of the utility's feeders with 10 or more customers has had a SAIDI or SAIFI average that is more than 300 percent greater than the system average of all feeders during any two-year period, beginning in the year 2000. In determining the appropriate enforcement action, the commission shall consider:
(1)  the feeder's operating and maintenance history;
(2)  the cause of each interruption in the feeder's service;
(3)  any action taken by a utility to address the feeder's performance;
(4)  the estimated cost and benefit of remediating a feeder's performance; and
(5)  any other relevant factor as determined by the commission.
(c)  The standards implemented under Subsection (a) shall require each electric utility and transmission and distribution utility subject to this section to maintain adequately trained and experienced personnel throughout the utility's service area so that the utility is able to fully and adequately comply with the appropriate service quality and reliability standards.
(d)  The standards shall ensure that electric utilities do not neglect any local neighborhood or geographic area, including rural areas, communities of less than 1,000 persons, and low-income areas, with regard to system reliability.
(e)  The commission may require each electric utility and transmission and distribution utility to supply data to assist the commission in developing the reliability standards.
(f)  Each electric utility, transmission and distribution utility, electric cooperative, municipally owned utility, and generation provider shall be obligated to comply with any operational criteria duly established by the independent organization as defined by Section 39.151 or adopted by the commission.
Added by Acts 1999, 76th Leg., ch. 405, Sec. 36, eff. Sept. 1, 1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 424 (H.B. 2052), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 38 - Regulation of Electric Services › Subchapter B. Prohibitions on Preferences and Discrimination › Section 38.021. Unreasonable Preference or Prejudice Concerning Service Prohibited

Sec. 38.021.  UNREASONABLE PREFERENCE OR PREJUDICE CONCERNING SERVICE PROHIBITED.  In providing a service to persons in a classification, an electric utility may not:
(1)  grant an unreasonable preference or advantage to a person in the classification;  or
(2)  subject a person in the classification to an unreasonable prejudice or disadvantage.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 38 - Regulation of Electric Services › Subchapter B. Prohibitions on Preferences and Discrimination › Section 38.022. Discrimination and Restriction on Competition

Sec. 38.022.  DISCRIMINATION AND RESTRICTION ON COMPETITION.  An electric utility may not:
(1)  discriminate against a person or electric cooperative who sells or leases equipment or performs services in competition with the electric utility;  or
(2)  engage in a practice that tends to restrict or impair that competition.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 405, Sec. 37, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 38 - Regulation of Electric Services › Subchapter C. Examinations, Tests, and Inspections › Section 38.051. Examination and Test of Instrument or Equipment; Inspection

Sec. 38.051.  EXAMINATION AND TEST OF INSTRUMENT OR EQUIPMENT;  INSPECTION.  (a)  A regulatory authority may:
(1)  examine and test equipment, including meters and instruments, used to measure service of an electric utility;  and
(2)  set up and use on the premises occupied by an electric utility an apparatus or appliance necessary for the examination or test.
(b)  The electric utility is entitled to be represented at an examination, test, or inspection made under this section.
(c)  The electric utility and its officers and employees shall facilitate the examination, test, or inspection by giving reasonable aid to the regulatory authority and to any person designated by the regulatory authority for the performance of those duties.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 38 - Regulation of Electric Services › Subchapter C. Examinations, Tests, and Inspections › Section 38.052. Inspection for Consumer

Sec. 38.052.  INSPECTION FOR CONSUMER.  (a)  A consumer may have a meter or other measuring device tested by an electric utility:
(1)  once without charge, after a reasonable period of presumed accuracy the regulatory authority establishes by rule;  and
(2)  at a shorter interval on payment of a reasonable fee established by the regulatory authority.
(b)  The regulatory authority shall establish reasonable fees to be paid for other examining or testing of a measuring device on the request of a consumer.
(c)  If the consumer requests the test under Subsection (a)(2) and the measuring device is found unreasonably defective or incorrect to the substantial disadvantage of the consumer, the fee the consumer paid at the time of the request shall be refunded.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 38 - Regulation of Electric Services › Subchapter D. Improvements in Service › Section 38.071. Improvements in Service; Interconnecting Service

Sec. 38.071.  IMPROVEMENTS IN SERVICE;  INTERCONNECTING SERVICE.  The commission, after notice and hearing, may:
(1)  order an electric utility to provide specified improvements in its service in a specified area if:
(A)  service in the area is inadequate or substantially inferior to service in a comparable area;  and
(B)  requiring the company to provide the improved service is reasonable;  or
(2)  order two or more electric utilities or electric cooperatives to establish specified facilities for interconnecting service.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 405, Sec. 38, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle B - Electric Utilities › Chapter 38 - Regulation of Electric Services › Subchapter D. Improvements in Service › Section 38.072. Priorities for Power Restoration to Certain Medical Facilities

Sec. 38.072.  PRIORITIES FOR POWER RESTORATION TO CERTAIN MEDICAL FACILITIES.  (a)  In this section:
(1)  "Assisted living facility" has the meaning assigned by Section 247.002, Health and Safety Code.
(2)  "End stage renal disease facility" has the meaning assigned by Section 251.001, Health and Safety Code.
(3)  "Extended power outage" has the meaning assigned by Section 13.1395, Water Code.
(4)  "Hospice services" has the meaning assigned by Section 142.001, Health and Safety Code.
(5)  "Nursing facility" has the meaning assigned by Section 242.301, Health and Safety Code.
(b)  The commission by rule shall require an electric utility to give to the following the same priority that it gives to a hospital in the utility's emergency operations plan for restoring power after an extended power outage:
(1)  a nursing facility;
(2)  an assisted living facility;
(3)  an end stage renal disease facility; and
(4)  a facility that provides hospice services.
(c)  The rules adopted by the commission under Subsection (b) must allow an electric utility to exercise the electric utility's discretion to prioritize power restoration for a facility after an extended power outage in accordance with the facility's needs and with the characteristics of the geographic area in which power must be restored.
(d)  A municipally owned utility shall report the emergency operations plan for restoring power to a facility listed in Subsection (b) to the municipality's governing body or the body vested with the power to manage and operate the municipally owned utility.
(e)  An electric cooperative shall report the emergency operations plan for restoring power to a facility listed in Subsection (b) to the board of directors of the electric cooperative.
Added by Acts 2011, 82nd Leg., R.S., Ch. 640 (S.B. 937), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 961 (S.B. 1876), Sec. 3, eff. September 1, 2021.