Tex. Util. Code § 40.001 · Subchapter A. GENERAL PROVISIONS
APPLICABLE LAW.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Notwithstanding any other provision of law, except Sections 39.155, 39.157(e), and 39.203, this chapter governs the transition to and the establishment of a fully competitive electric power industry for municipally owned utilities. With respect to the regulation of municipally owned utilities, this chapter controls over any other provision of this title, except for sections in which the term "municipally owned utility" is specifically used.
(b) Except as specifically provided in this subsection, Chapter 39 does not apply to a river authority operating a steam generating plant on or before January 1, 1999, or a corporation authorized by Chapter 152, Water Code, or Section 32.053. A river authority operating a steam generating plant on or before January 1, 1999, is subject to Sections 39.051(a)-(c), 39.108, 39.1516, 39.155, 39.157(e), and 39.203.
(c) For purposes of Section 39.051, hydroelectric assets may not be deemed to be generating assets, and the transfer of generating assets to a corporation authorized by Chapter 152, Water Code, satisfies the requirements of Section 39.051.
(d) Accommodation shall be made in the code of conduct established under Section 39.157(e) for the provisions of Chapter 152, Water Code, and the commission may not prohibit a river authority and any related corporation from sharing officers, directors, employees, equipment, and facilities or from providing goods or services to each other at cost without the need for a competitive bid.
Notes and commentary — not statutory text
History
Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.401, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 16.004, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 610 (S.B. 936), Sec. 8, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 410 (H.B. 1500), Sec. 41, 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.40.htm
- Text hash
- sha256 89a22d2cf05befafe8cdcccb627c75c48568ea8e7ed6fc8f9e7e6bbe17e10aae
- 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.
Utilities Code
- Tex. Util. Code § 32.053ABILITY OF CERTAIN RIVER AUTHORITY AFFILIATES TO CONSTRUCT IMPROVEMENTS.Printed as Section 32.053
- Tex. Util. Code ch. 39RESTRUCTURING OF ELECTRIC UTILITY INDUSTRYPrinted as Chapter 39
- Tex. Util. Code § 39.051UNBUNDLING.Printed as Section 39.051 | Sections 39.051(a)
- Tex. Util. Code § 39.155COMMISSION ASSESSMENT OF MARKET POWER.Printed as Sections 39.155, 39.157(e), and 39.203
- Tex. Util. Code § 39.157COMMISSION AUTHORITY TO ADDRESS MARKET POWER.Printed as Section 39.157(e) | Sections 39.155, 39.157(e), and 39.203
- Tex. Util. Code § 39.203TRANSMISSION AND DISTRIBUTION SERVICE.Printed as Sections 39.155, 39.157(e), and 39.203
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.