Tex.
Utils. Code Section 40.001
Applicable Law
(a)
Notwithstanding any other provision of law, except Sections 39.155 (Commission Assessment of Market Power), 39.157 (Commission Authority to Address Market Power)(e), and 39.203 (Transmission and Distribution Service), this chapter governs the transition to and the establishment of a fully competitive electric power industry for municipally owned utilities. With respect to the regulation of municipally owned utilities, this chapter controls over any other provision of this title, except for sections in which the term “municipally owned utility” is specifically used.(b)
Except as specifically provided in this subsection, Chapter 39 (Restructuring of Electric Utility Industry) does not apply to a river authority operating a steam generating plant on or before January 1, 1999, or a corporation authorized by Chapter 152 (River Authorities Engaged in Distribution and Sale of Electric Energy), Water Code, or Section 32.053 (Information Required of Applicant). A river authority operating a steam generating plant on or before January 1, 1999, is subject to Sections 39.051 (Unbundling)(a)-(c), 39.108 (Contractual Obligations), 39.1516 (Cybersecurity Monitor), 39.155 (Commission Assessment of Market Power), 39.157 (Commission Authority to Address Market Power)(e), and 39.203 (Transmission and Distribution Service).(c)
For purposes of Section 39.051 (Unbundling), hydroelectric assets may not be deemed to be generating assets, and the transfer of generating assets to a corporation authorized by Chapter 152 (River Authorities Engaged in Distribution and Sale of Electric Energy), Water Code, satisfies the requirements of Section 39.051 (Unbundling).(d)
Accommodation shall be made in the code of conduct established under Section 39.157 (Commission Authority to Address Market Power)(e) for the provisions of Chapter 152 (River Authorities Engaged in Distribution and Sale of Electric Energy), Water Code, and the commission may not prohibit a river authority and any related corporation from sharing officers, directors, employees, equipment, and facilities or from providing goods or services to each other at cost without the need for a competitive bid.
Source:
Section 40.001 — Applicable Law, https://statutes.capitol.texas.gov/Docs/UT/htm/UT.40.htm#40.001 (accessed Jun. 5, 2024).
