Tex. Util. Code § 33.0211 · Subchapter B. RATE DETERMINATION
RATES AND FEES CHARGED BY CERTAIN MUNICIPALLY OWNED UTILITIES.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) This section applies only to a municipally owned utility that is located in a municipality that is considered to be a defunding municipality under Chapter 109, Local Government Code.
(b) The governing body of a municipally owned utility may not charge a customer:
(1) at a rate higher than the rate the customer was charged or would have been charged on January 1 of the year that the municipality was determined to be a defunding municipality;
(2) any customer fees in amounts higher than the customer fees the customer was charged or would have been charged on January 1 of the year that the municipality was determined to be a defunding municipality; or
(3) any types of customer fees that the customer was not charged or would not have been charged on January 1 of the year that the municipality was determined to be a defunding municipality.
(c) If a municipally owned utility has not transferred funds to the defunding municipality described by Subsection (a) in the immediately preceding 12 months, the municipally owned utility may increase its rates to account for:
(1) pass-through charges imposed by a state regulatory body or the independent organization certified under Section 39.151;
(2) fuel, hedging, or wholesale power cost increases; or
(3) fulfillment of debt obligations or compliance with Chapter 1502, Government Code.
(d) A municipally owned utility that increases rates under Subsection (c) may not transfer funds to the defunding municipality described by Subsection (a) until the date the criminal justice division of the governor's office issues a written determination in accordance with Section 109.005, Local Government Code, finding that the municipality described by Subsection (a) has reversed the reduction described by Section 109.003(1), Local Government Code.
Notes and commentary — not statutory text
History
Added by Acts 2021, 87th Leg., R.S., Ch. 199 (H.B. 1900), Sec. 5.01, eff. September 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 22.002, eff. September 1, 2023.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/UT/htm/UT.33.htm
- Text hash
- sha256 447e71e1d75a786168f129c308e57c499f031fc2564fc8e99cdb15278bfa2e3b
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Government Code
Local Government Code
- Tex. Loc. Gov't Code ch. 109DETERMINATION OF DEFUNDING MUNICIPALITIESPrinted as Chapter 109, Local Government Code
- Tex. Loc. Gov't Code § 109.003DEFUNDING DETERMINATION.Printed as Section 109.003(1), Local Government Code
- Tex. Loc. Gov't Code § 109.005TERMINATION OF DEFUNDING DETERMINATION.Printed as Section 109.005, Local Government Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.