Tex. Util. Code § 39.459 · Subchapter J. TRANSITION TO COMPETITION IN CERTAIN NON-ERCOT AREAS
HURRICANE RECONSTRUCTION COSTS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) In this subchapter:
(1) "Hurricane reconstruction costs" means reasonable and necessary costs, including costs expensed, charged to the storm reserve, or capitalized, that are incurred by an electric utility subject to this subchapter due to any activity or activities conducted by or on behalf of the electric utility in connection with the restoration of service associated with electric power outages affecting customers of the electric utility as the result of Hurricane Rita, including mobilization, staging, and construction, reconstruction, replacement, or repair of electric generation, transmission, distribution, or general plant facilities.
(2) "Hurricane Rita" means the hurricane of that name that struck the coastal region of this state in September 2005.
(b) If the commission determines it to be appropriate, hurricane reconstruction costs may include carrying costs from the date on which the hurricane reconstruction costs were incurred until the date that transition bonds are issued.
(c) To the extent a utility subject to this subchapter receives insurance proceeds, governmental grants, or any other source of funding that compensates it for hurricane reconstruction costs, those amounts shall be used to reduce the utility's hurricane reconstruction costs recoverable from customers. If the timing of a utility's receipt of those amounts prevents their inclusion as a reduction to the hurricane reconstruction costs that are securitized, the commission shall take those amounts into account in:
(1) the utility's next base rate proceeding; or
(2) any proceeding in which the commission considers hurricane reconstruction costs.
Notes and commentary — not statutory text
History
Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 11 (H.B. 163), Sec. 2, eff. May 31, 2006.
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 9b25bee330da4c1d2dfefbeaa783c431ff71203ae8e86a902d325bfbb24863c3
- 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
Cited by 5 provisions
Provisions in this library whose text cites Tex. Util. Code § 39.459. Each shows the citation as that text prints it.
Government Code
- Tex. Gov't Code § 2155.006PROHIBITION ON CERTAIN BIDS AND CONTRACTS.Printed as Section 39.459, Utilities Code
- Tex. Gov't Code § 2155.077BARRING VENDOR FROM PARTICIPATION IN STATE CONTRACTS.Printed as Section 39.459, Utilities Code
- Tex. Gov't Code § 2261.053PROHIBITION ON CERTAIN BIDS AND CONTRACTS.Printed as Section 39.459, Utilities 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.