Tex. Util. Code § 39.004 · Subchapter A. GENERAL PROVISIONS
HIRING ASSISTANCE FOR REGIONAL PROCEEDINGS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The commission may retain any consultant, accountant, auditor, engineer, or attorney the commission considers necessary to represent the commission in a proceeding before a regional transmission organization, or before a court reviewing proceedings of a regional transmission organization, related to:
(1) the relationship of an electric utility to a power region, regional transmission organization, or independent system operator;
(2) the approval of an agreement among an electric utility and the electric utility's affiliates concerning the coordination of the operations of the electric utility and the electric utility's affiliates; or
(3) other matters related to an electric utility that may affect the ultimate rates paid by retail customers in this state.
(b) Assistance for which a consultant, accountant, auditor, engineer, or attorney may be retained under Subsection (a) may include:
(1) conducting a study;
(2) conducting an investigation;
(3) presenting evidence;
(4) advising the commission; or
(5) representing the commission.
(c) The electric utility that is the subject of the proceeding shall pay timely the reasonable costs of the services of a person retained under Subsection (a), as determined by the commission. The total costs an electric utility is required to pay under this subsection may not exceed $1.5 million in a 12-month period.
(d) The commission shall allow an electric utility to recover both the total costs the electric utility paid under Subsection (c) and the carrying charges for those costs through a rider established annually to recover the costs paid and carrying charges incurred during the preceding calendar year. The rider may not be implemented before the rider is reviewed and approved by the commission.
(e) The commission shall consult the attorney general before the commission retains a consultant, accountant, auditor, or engineer under Subsection (a). The retention of an attorney under Subsection (a) is subject to the approval of the attorney general under Section 402.0212, Government Code.
(f) The commission shall be precluded from engaging any individual who is required to register under Section 305.003, Government Code.
(g) Notwithstanding Sections 39.402(a), 39.452(d), and 39.502(b), this section applies to an electric utility to which Subchapter I, J, or K applies.
Notes and commentary — not statutory text
History
Added by Acts 2025, 89th Leg., R.S., Ch. 665 (H.B. 4668), Sec. 1, eff. June 20, 2025.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/UT/htm/UT.39.htm
- Text hash
- sha256 147f3bd9d6d66d38efd8e0e4d7c9c4c97f4bbb3d3d216d0e43476adc52680bc5
- 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
Utilities Code
- Tex. Util. Code § 39.402REGULATION OF UTILITY AND TRANSITION TO COMPETITION.Printed as Sections 39.402(a), 39.452(d), and 39.502(b)
- Tex. Util. Code § 39.452REGULATION OF UTILITY AND TRANSITION TO COMPETITION.Printed as Sections 39.402(a), 39.452(d), and 39.502(b)
- Tex. Util. Code § 39.502COST-OF-SERVICE REGULATION.Printed as Sections 39.402(a), 39.452(d), and 39.502(b)
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.