Tex. Utils. Code Section 104.367
Property Rights

(a)

Customer rate relief bonds are the limited obligation solely of the issuing financing entity and are not a debt of a gas utility or a debt or a pledge of the faith and credit of this state or any political subdivision of this state.

(b)

Customer rate relief bonds are nonrecourse to the credit or any assets of this state or the authority. A trust fund created in connection with the issuance of customer rate relief bonds is not subject to Subtitle B, Title 9, Property Code.

(c)

The rights and interests of an issuing financing entity or the successor under a financing order, including the right to receive customer rate relief charges authorized in the financing order, are only contract rights until pledged in connection with the issuance of the customer rate relief bonds, at which time the rights and interests become customer rate relief property.

(d)

Customer rate relief property created under a financing order is vested ab initio in the issuing financing entity. Customer rate relief property constitutes a present property right for purposes of contracts concerning the sale or pledge of property, notwithstanding that the imposition and collection of customer rate relief charges depends on further acts of the gas utility or others that have not yet occurred. The financing order remains in effect, and the customer rate relief property continues to exist, for the same period as the pledge of the state described by Section 104.374 (Pledge of State).

(e)

All revenue and collections resulting from customer rate relief charges constitute proceeds only of a property right arising from the financing order.

(f)

An amount owed by an issuing financing entity under an ancillary agreement or a credit agreement is payable from and secured by a pledge and interest in the customer rate relief property to the extent provided in the documents evidencing the ancillary agreement or credit agreement.
Added by Acts 2021, 87th Leg., R.S., Ch. 805 (H.B. 1520), Sec. 5, eff. June 16, 2021.

Source: Section 104.367 — Property Rights, https://statutes.­capitol.­texas.­gov/Docs/UT/htm/UT.­104.­htm#104.­367 (accessed Jun. 5, 2024).

104.001
Authorization to Establish and Regulate Rates 104.002
Compliance with Subtitle 104.003
Just and Reasonable Rates 104.004
Unreasonable Preference or Prejudice Prohibited 104.005
Equality of Rates and Services 104.006
Rates for Area Not in Municipality 104.007
Discrimination and Restriction on Competition 104.008
Burden of Proof 104.051
Establishing Overall Revenues 104.052
Establishing Fair Rate of Return 104.053
Components of Adjusted Value of Invested Capital 104.054
Depreciation, Amortization, and Depletion 104.055
Net Income 104.056
Treatment of Certain Tax Benefits 104.057
Consideration of Certain Expenses 104.058
Consideration of Profit or Loss from Sale or Lease of Merchandise 104.059
Pension and Other Postemployment Benefits 104.060
Consideration of Compensation and Benefit Expenses 104.101
Definition 104.102
Statement of Intent to Increase Rates 104.103
Notice of Intent to Increase Rates 104.104
Early Effective Date of Rate Increase 104.105
Determination of Propriety of Rate Change 104.106
Preference to Hearing 104.107
Rate Suspension 104.108
Temporary Rates 104.109
Bonded Rates 104.110
Establishment of Final Rates 104.111
Approval of Decrease in Rates 104.112
Surcharge to Recover Relocation Costs 104.151
Unreasonable or Violative Existing Rates 104.152
Investigating Costs of Obtaining Service from Another Source 104.201
Transportation Rates Between Gas Utility or Municipally Owned Utility and State Agency 104.202
Excluded Expenses 104.203
Payment in Lieu of Tax 104.251
General Standard 104.252
Authority of Regulatory Authority Concerning Standards 104.253
Rule or Standard 104.254
Service 104.255
Billing 104.256
Examination and Test of Instrument or Equipment 104.257
Inspection for Consumer 104.258
Disconnection of Gas Service 104.301
Interim Adjustment for Changes in Investment 104.351
Definitions 104.352
Notice of Disconnection to Municipalities for Nonsubmetered Master Metered Multifamily Properties 104.353
Additional Safeguards 104.361
Purpose 104.362
Definitions 104.363
Extraordinary Costs 104.364
Jurisdiction and Powers of Railroad Commission and Other Regulatory Authorities 104.365
Regulatory Asset Determination 104.366
Financing Orders and Issuance of Customer Rate Relief Bonds 104.367
Property Rights 104.368
Property Interest Not Subject to Setoff, Counterclaim, Surcharge, or Defense 104.369
Customer Rate Relief Charges Nonbypassable 104.370
True-up Mechanism 104.371
Security Interests 104.372
Bond Proceeds in Trust 104.373
Repayment of Customer Rate Relief Bonds 104.374
Pledge of State 104.375
Tax Exemption 104.376
Recoverable Tax Expense 104.377
Issuing Financing Entity or Financing Party Not Public Utility 104.378
No Personal Liability 104.380
Severability 104.401
Definitions 104.402
Energy Conservation Program Authority 104.403
Energy Conservation Program Cost Recovery 104.2545
Required Service to Public Retail Customer 104.2551
Electronic Billing
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Accessed:
Jun. 5, 2024

§ 104.367’s source at texas​.gov