Tex. Utils. Code Section 40.004
Jurisdiction of Commission


Except as specifically otherwise provided in this chapter, the commission has jurisdiction over municipally owned utilities only for the following purposes:

(1)

to regulate wholesale transmission rates and service, including terms of access, to the extent provided by Subchapter A (Definition), Chapter 35 (Energy Providers);

(2)

to regulate certification of retail service areas to the extent provided by Chapter 37 (Certificates of Convenience and Necessity);

(3)

to regulate rates on appeal under Subchapters D and E, Chapter 33 (Jurisdiction and Powers of Municipality), subject to Section 40.051 (Governing Body Decision)(c);

(4)

to establish a code of conduct as provided by Section 39.157 (Commission Authority to Address Market Power)(e) applicable to anticompetitive activities and to affiliate activities limited to structurally unbundled affiliates of municipally owned utilities, subject to Section 40.054 (Service Outside Area);

(5)

to establish terms and conditions for open access to transmission and distribution facilities for municipally owned utilities providing customer choice, as provided by Section 39.203 (Transmission and Distribution Service);

(6)

to administer the natural gas energy credits program under Section 39.9044 (Goal for Natural Gas)(b);

(7)

to require reports of municipally owned utility operations only to the extent necessary to:

(A)

enable the commission to determine the aggregate load and energy requirements of the state and the resources available to serve that load; or

(B)

enable the commission to determine information relating to market power as provided by Section 39.155 (Commission Assessment of Market Power); and

(8)

to evaluate and monitor the cybersecurity preparedness of a municipally owned utility described by Section 39.1516 (Cybersecurity Monitor)(a)(3) or (4).
Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 16.005, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 610 (S.B. 936), Sec. 9, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 410 (H.B. 1500), Sec. 42, eff. September 1, 2023.

Source: Section 40.004 — Jurisdiction of Commission, https://statutes.­capitol.­texas.­gov/Docs/UT/htm/UT.­40.­htm#40.­004 (accessed May 18, 2024).

Accessed:
May 18, 2024

§ 40.004’s source at texas​.gov