Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 96 - ELECTRIC UTILITY TRANSITION PROPERTY NOTICE FILINGS › Subchapter A - GENERAL PROVISIONS › Section 96.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, except as the context otherwise clearly
					 requires:
(1) "Assignee" has the
				  meaning accorded to such term by §
										RSA
				  39.302 of the Texas Utilities Code.
(2) "Assignor" means an electric utility or
				  other person who transfers an interest in transition property to an
				  assignee.
(3) "Certificate" means a
				  document establishing, based upon the file number and financing order docket
				  number, whether there is on file with the filing officer on the date and time
				  stated a transition property notice.
(4) "Commission" means the Public Utility
				  Commission of Texas, including a duly appointed successor entity.
(5) "File Number" means the unique
				  identifying information assigned to an initial transition property notice
				  filing by the filing officer for the purpose of identifying the transition
				  property notice and all documents relating to that transition property notice
				  in the filing officer's UCC information management system. For an initial
				  transition property notice filed prior to July 1, 2001, the file number
				  includes the year of filing expressed as a two-digit number followed by a
				  unique eight-digit number assigned to the transition property notice by the
				  filing officer. For a transition property notice with an initial transition
				  property notice filed on or after July 1, 2001, the file number includes three
				  segments; the year of filing expressed as a two-digit number, followed by a
				  unique eight-digit number assigned to the transition property notice by the
				  filing office and ending with a two-digit verification number assigned by the
				  filing office but mathematically derived from the numbers in the first two
				  segments. The filing number bears no relation to the time of filing and is not
				  an indicator of priority.
(6)
				  "Filing" means the presentation of a transition property notice or other
				  document described in this chapter to the filing officer, which is evidenced by
				  the indication of a file number and filing date and filing time.
(7) "Filing Date" means the date at which the
				  filing officer receives a filing, as described by these rules.
(8) "Filing Officer" means the secretary of
				  state, including an appointed successor entity or office.
(9) "Filing Party" means a person who makes a
				  filing pursuant to this chapter.
(10) "Filing Time" means the time of day that
				  a document is presented for filing at the filing office and is determined by
				  the method of delivery.
(11)
				  "Financing Order" has the meaning accorded to such term by §
										RSA
				  39.302 of the Texas Utilities Code.
(12) "Financing Order Docket Number" means
				  the financing order file number established by the Public Utility Commission of
				  Texas.
(13) "Financing Party" has
				  the meaning accorded to such term by §
										RSA
				  39.302 of the Texas Utilities Code.
(14) "Grantor" means an electric utility or
				  other person who grants a security interest in transition property to another
				  person.
(15) "Person" means an
				  individual, partnership, corporation, public authority or trust (including a
				  business trust), unincorporated association, limited liability company, joint
				  stock company or any other legal entity, whether public or private, existing
				  under the laws of the State of Texas, another state, the United States, or a
				  foreign country.
(16) "Release"
				  means an amendment intended to indicate an action by a financing party to alter
				  a right, duty, or obligation concerning the perfection of a security
				  interest.
(17) "Retransfer" means
				  an amendment intended to indicate an action by an assignee to return to an
				  assignor all or a portion of the interest of the assignee in transition
				  property.
(18) "Security Interest"
				  means an interest in transition property securing the payment or performance of
				  an obligation.
(19) "Submitter"
				  means a person who tenders a transition property notice document to the filing
				  officer for filing, whether the person is a filer or an agent of a filer
				  responsible for tendering the document for filing. "Submitter" does not include
				  a person responsible merely for the delivery of the document to the filing
				  office, such as the postal service or a delivery service but does include a
				  service provider who acts as a filer's representative in the filing
				  process.
(20) "Termination" means
				  an amendment intended to indicate that the related transition property notice
				  has ceased to be effective with respect to the financing party or assignee
				  authorizing the termination.
(21)
				  "Transition Property" has the meaning accorded to such term by §
										RSA
				  39.302 of the Texas Utilities Code.
(22) "Transition Property Notice" means (as
				  more fully described in §§
										RSA
				  96.61-
				  RSA 96.65 of
				  this title):
(A) a notice of a security
				  interest in transition property, and all amendments to such notice;
				  or
(B) a notice of a transfer to an
				  assignee of an interest in transition property, and all amendments to such
				  notice.