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Texas Laws | Utility Code
UTILITIES CODE
TITLE 3. GAS REGULATION

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. (8249)

Sec. 102.252. RIGHT TO BE HEARD. (8250)(Text)

Each party to a proceeding before a regulatory authority is entitled to be heard by attorney or in person. (8251)

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. (8252)

CHAPTER 103. JURISDICTION AND POWERS OF MUNICIPALITY (8253)(Text)
Sec. 103.001. MUNICIPAL JURISDICTION. (8254)(Text)

To provide fair, just, and reasonable rates and adequate and efficient services, the governing body of a municipality has exclusive original jurisdiction over the rates, operations, and services of a gas utility within the municipality, subject to the limitations imposed by this subtitle, unless the municipality surrenders its jurisdiction to the railroad commission under Section 103.003. (8255)

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 1233, Sec. 65, eff. Sept. 1, 2001. (8256)

Sec. 103.002. FRANCHISES. (8257)(Text)

(a) This subtitle does not restrict the rights and powers of a municipality to grant or refuse a franchise to use the streets and alleys in the municipality or to make a statutory charge for that use. (8258)

(b) A municipality that performs a regulatory function under this subtitle may make each charge that is authorized by: (8259)

(1) this subtitle; or (8260)

(2) the applicable franchise agreement. (8261)

(c) A franchise agreement may not limit or interfere with a power conferred on the railroad commission by this subtitle. (8262)

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. (8263)

Sec. 103.003. SURRENDER OF MUNICIPAL JURISDICTION TO RAILROAD COMMISSION; REINSTATEMENT OF JURISDICTION. (8264)(Text)

(a) A municipality may elect to have the railroad commission exercise exclusive original jurisdiction over gas utility rates, operations, and services in the municipality by ordinance or by submitting the question of the surrender of its jurisdiction to the voters at a municipal election. (8265)

(b) The governing body of a municipality shall submit at a municipal election the question of surrendering its jurisdiction to the railroad commission if the governing body receives a petition signed by a number of qualified voters of the municipality equal to at least the lesser of 20,000 or 10 percent of the number of voters voting in the last preceding general election in the municipality. (8266)

(c) A municipality may not elect to surrender its jurisdiction while a case involving the municipality is pending. (8267)

(d) A municipality that surrenders its jurisdiction to the railroad commission may reinstate its jurisdiction. The provisions of this section governing the surrender of jurisdiction apply to the reinstatement of jurisdiction. (8268)

Added by Acts 2001, 77th Leg., ch. 1233, Sec. 66, eff. Sept. 1, 2001. (8269)

Sec. 103.021. MUNICIPAL PROCEEDINGS. (8270)(Text)

(a) A municipality regulating a gas utility under this subtitle shall require the utility to submit information as necessary to make a reasonable determination of rate base, expenses, investment, and rate of return in the municipality. (8271)

(b) A municipality shall make a determination under Subsection (a) using the procedures and requirements prescribed by this subtitle. (8272)

(c) A municipality shall retain personnel necessary to make the determination of reasonable rates. (8273)

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. (8274)

Sec. 103.022. RATE ASSISTANCE AND COST REIMBURSEMENT. (8275)(Text)

(a) The governing body of a municipality participating in or conducting a ratemaking proceeding may engage rate consultants, accountants, auditors, attorneys, and engineers to: (8276)

(1) conduct investigations, present evidence, and advise and represent the governing body; and (8277)

(2) assist the governing body with litigation or a gas utility ratemaking proceeding before a regulatory authority or court. (8278)

(b) The gas utility in the ratemaking proceeding shall reimburse the governing body of the municipality for the reasonable cost of the services of a person engaged under Subsection (a) to the extent the applicable regulatory authority determines reasonable. (8279)

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. (8280)

Sec. 103.023. MUNICIPAL STANDING. (8281)(Text)

(a) A municipality has standing in each case before the railroad commission that relates to a gas utility's rates and services in the municipality. (8282)

(b) A municipality's standing is subject to the right of the railroad commission to consolidate that municipality with another party on an issue of common interest. (8283)

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. (8284)

Sec. 103.024. JUDICIAL REVIEW. (8285)(Text)

A municipality is entitled to judicial review of a railroad commission order relating to a gas utility's rates and services in a municipality as provided by Section 105.001. (8286)

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. (8287)

Sec. 103.051. APPEAL BY PARTY. (8288)(Text)

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