Tex. Util. Code § 40.004 · Subchapter A. GENERAL PROVISIONS
JURISDICTION OF COMMISSION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
Except as specifically otherwise provided in this chapter, the commission has jurisdiction over municipally owned utilities only for the following purposes:
(1) to regulate wholesale transmission rates and service, including terms of access, to the extent provided by Subchapter A, Chapter 35;
(2) to regulate certification of retail service areas to the extent provided by Chapter 37;
(3) to regulate rates on appeal under Subchapters D and E, Chapter 33, subject to Section 40.051(c);
(4) to establish a code of conduct as provided by Section 39.157(e) applicable to anticompetitive activities and to affiliate activities limited to structurally unbundled affiliates of municipally owned utilities, subject to Section 40.054;
(5) to establish terms and conditions for open access to transmission and distribution facilities for municipally owned utilities providing customer choice, as provided by Section 39.203;
(6) to administer the natural gas energy credits program under Section 39.9044(b);
(7) to require reports of municipally owned utility operations only to the extent necessary to:
(A) enable the commission to determine the aggregate load and energy requirements of the state and the resources available to serve that load; or
(B) enable the commission to determine information relating to market power as provided by Section 39.155; and
(8) to evaluate and monitor the cybersecurity preparedness of a municipally owned utility described by Section 39.1516(a)(3) or (4).
Notes and commentary — not statutory text
History
Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 16.005, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 610 (S.B. 936), Sec. 9, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 410 (H.B. 1500), Sec. 42, 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 47437a33ce75de72cec1b19e5072e31d39288295d3a02ad014172dc9d6363161
- 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 ch. 33JURISDICTION AND POWERS OF MUNICIPALITYPrinted as Chapter 33
- Tex. Util. Code ch. 35, subch. ACOMPETITION AND TRANSMISSION ACCESS IN THE WHOLESALE MARKETPrinted as Subchapter A, Chapter 35
- Tex. Util. Code ch. 37CERTIFICATES OF CONVENIENCE AND NECESSITYPrinted as Chapter 37
- Tex. Util. Code § 39.1516CYBERSECURITY MONITOR.Printed as Section 39.1516(a)(3)
- Tex. Util. Code § 39.155COMMISSION ASSESSMENT OF MARKET POWER.Printed as Section 39.155
- Tex. Util. Code § 39.157COMMISSION AUTHORITY TO ADDRESS MARKET POWER.Printed as Section 39.157(e)
- Tex. Util. Code § 39.203TRANSMISSION AND DISTRIBUTION SERVICE.Printed as Section 39.203
- Tex. Util. Code § 39.9044GOAL FOR NATURAL GAS.Printed as Section 39.9044(b)
- Tex. Util. Code § 40.051GOVERNING BODY DECISION.Printed as Section 40.051(c)
- Tex. Util. Code § 40.054SERVICE OUTSIDE AREA.Printed as Section 40.054
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.