Tex. Util. Code § 37.0521 · Subchapter B. CERTIFICATE OF CONVENIENCE AND NECESSITY
EXCEPTION FOR RETAIL SALES BY CERTAIN QUALIFYING COGENERATORS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Notwithstanding Section 37.001(3), a qualifying cogenerator may sell electric energy at retail to more than one purchaser of the cogenerator's thermal output.
(b) Selling electric energy at retail to more than one purchaser does not, as a result of that sale, subject a qualifying cogenerator to regulation as:
(1) a retail electric provider or power generation company; or
(2) a retail electric utility under Chapter 37.
(c) This section does not apply to sales in an area:
(1) in which customer choice has not been adopted and where a municipally owned utility or an electric cooperative is certificated to provide retail electric utility service; or
(2) that is served by an electric utility that operates solely outside of ERCOT.
Notes and commentary — not statutory text
History
Added by Acts 2013, 83rd Leg., R.S., Ch. 979 (H.B. 2049), Sec. 2, eff. September 1, 2013.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/UT/htm/UT.37.htm
- Text hash
- sha256 00b36eb5925b7567b38876bd7f63353b9fbe17a8825f88fbab190fbd0dd412cc
- 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
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