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Texas Laws | Utility Code

UTILITIES CODE (1)(Text)

TITLE 1. GENERAL PROVISIONS (2)(Text)

Updated: 08/03/2018 at 22:10:05. Including revisions from the 2017 Texas Legislature. (3)

CHAPTER 1. GENERAL PROVISIONS (4)(Text)

Sec. 1.001. PURPOSE OF CODE. (5)(Text)

(a) This code is enacted as a part of the state's continuing statutory revision program, begun by the Texas Legislative Council in 1963 as directed by the legislature in the law codified as Section 323.007, Government Code. The program contemplates a topic-by-topic revision of the state's general and permanent statute law without substantive change. (6)

(b) Consistent with the objectives of the statutory revision program, the purpose of this code is to make the law encompassed by this code more accessible and understandable by: (7)

(1) rearranging the statutes into a more logical order; (8)

(2) employing a format and numbering system designed to facilitate citation of the law and to accommodate future expansion of the law; (9)

(3) eliminating repealed, duplicative, unconstitutional, expired, executed, and other ineffective provisions; and (10)

(4) restating the law in modern American English to the greatest extent possible. (11)

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. (12)

Sec. 1.002. CONSTRUCTION OF CODE. (13)(Text)

Chapter 311, Government Code (Code Construction Act), applies to the construction of each provision in this code except as otherwise expressly provided by this code. (14)

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. (15)

Sec. 1.003. REFERENCE IN LAW TO STATUTE REVISED BY CODE. (16)(Text)

A reference in a law to a statute or a part of a statute revised by this code is considered to be a reference to the part of this code that revises that statute or part of that statute. (17)

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. (18)

TITLE 2. PUBLIC UTILITY REGULATORY ACT (19)(Text)

SUBTITLE A. PROVISIONS APPLICABLE TO ALL UTILITIES (20)(Text)

CHAPTER 11. GENERAL PROVISIONS (21)(Text)
Sec. 11.001. SHORT TITLE. (22)(Text)

This title may be cited as the Public Utility Regulatory Act. (23)

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. (24)

Sec. 11.002. PURPOSE AND FINDINGS. (25)(Text)

(a) This title is enacted to protect the public interest inherent in the rates and services of public utilities. The purpose of this title is to establish a comprehensive and adequate regulatory system for public utilities to assure rates, operations, and services that are just and reasonable to the consumers and to the utilities. (26)

(b) Public utilities traditionally are by definition monopolies in the areas they serve. As a result, the normal forces of competition that regulate prices in a free enterprise society do not operate. Public agencies regulate utility rates, operations, and services as a substitute for competition. (27)

(c) Significant changes have occurred in the telecommunications and electric power industries since the Public Utility Regulatory Act was originally adopted. Changes in technology and market structure have increased the need for minimum standards of service quality, customer service, and fair business practices to ensure high-quality service to customers and a healthy marketplace where competition is permitted by law. It is the purpose of this title to grant the Public Utility Commission of Texas authority to make and enforce rules necessary to protect customers of telecommunications and electric services consistent with the public interest. (28)

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1579, Sec. 1, eff. Aug. 30, 1999. (29)

Sec. 11.003. DEFINITIONS. (30)(Text)

In this title: (31)

(1) "Affected person" means: (32)

(A) a public utility or electric cooperative affected by an action of a regulatory authority; (33)

(B) a person whose utility service or rates are affected by a proceeding before a regulatory authority; or (34)

(C) a person who: (35)

(i) is a competitor of a public utility with respect to a service performed by the utility; or (36)

(ii) wants to enter into competition with a public utility. (37)

(2) "Affiliate" means: (38)

(A) a person who directly or indirectly owns or holds at least five percent of the voting securities of a public utility; (39)

(B) a person in a chain of successive ownership of at least five percent of the voting securities of a public utility; (40)

(C) a corporation that has at least five percent of its voting securities owned or controlled, directly or indirectly, by a public utility; (41)

(D) a corporation that has at least five percent of its voting securities owned or controlled, directly or indirectly, by: (42)

(i) a person who directly or indirectly owns or controls at least five percent of the voting securities of a public utility; or (43)

(ii) a person in a chain of successive ownership of at least five percent of the voting securities of a public utility; (44)

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