Tex. Util. Code § 39.255 · Subchapter F. RECOVERY OF STRANDED COSTS THROUGH COMPETITION TRANSITION CHARGE
USE OF REVENUES FOR UTILITIES WITH NO STRANDED COSTS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) An electric utility that does not have stranded costs described by Section 39.254 shall be permitted to use any positive difference under the report required by Section 39.257(b) on capital expenditures to improve or expand transmission or distribution facilities, or on capital expenditures to improve air quality, as approved by the commission. Any such capital expenditures shall be made in the calendar year immediately following the year for which the report required by Section 39.257 is calculated. The capital expenditures shall be reflected in any future proceeding under this chapter to set transmission or distribution rates as a reduction to the utility's transmission and distribution invested capital, as approved by the commission.
(b) To the extent that positive differences under the report required by Section 39.257(b) are not used for capital expenditures, the amounts shall be flowed back to the electric utility's Texas jurisdictional customers through the power cost recovery factor.
(c) This section applies only to the use of positive differences under the report required by Section 39.257(b) for each year during the freeze period.
Notes and commentary — not statutory text
History
Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.
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 e89d195f35afac2381d58372cfc80fc60933759a3bf669da5799eaf9ac9bd80a
- 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
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