Title UT, Utilities Code

Sec. 163.014. USE OF EMINENT DOMAIN. (a) A participating entity has the power of eminent domain to be exercised as provided by this section. (b) The use of eminent domain authority by a participating entity is governed by the law relating to an eminent domain proceeding involving…

Sec. 163.015. TAXATION. (a) A participating private entity shall render for ad valorem taxation its undivided fractional interest in a jointly owned electric facility. An ad valorem or similar tax shall be imposed separately against the undivided interest of the participating pri…

Sec. 163.016. INSURANCE. A participating entity may: (1) contract for insurance, including specialized insurance for property and risks relating to the ownership, operation, and maintenance of electric facilities; (2) contract for insurance for the use and benefit of each of the …

Sec. 163.051. DEFINITIONS. In this subchapter: (1) "Agency" means a municipal power agency created under this subchapter. (2) "Bond" includes a note, but does not include a nonnegotiable purchase money note issued under Section 163.067. (3) "Concurrent ordinance" means an ordinan…

Sec. 163.052. CONSTRUCTION. This subchapter shall be liberally construed to carry out its purpose. Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 163.053. CONFLICTS WITH OTHER LAW. This subchapter prevails to the extent of a conflict between this subchapter and any other law, including: (1) a law regulating the affairs of a municipal corporation; or (2) a home-rule charter provision. Acts 1997, 75th Leg., ch. 166, Sec…

Sec. 163.054. CREATION OF AGENCY. (a) Public entities may create an agency by concurrent ordinances subject to voter approval. (b) A public entity may join in the creation of an agency under this subchapter only if on May 8, 1975, and at the time the concurrent ordinance is adopt…

Sec. 163.055. RE-CREATION OF AGENCY. (a) The public entities that create an agency may by concurrent ordinances re-create the agency by adding or deleting, or both, a public entity. (b) The public entities may not re-create an agency if the re-creation will impair an agency oblig…

Sec. 163.056. NOTICE. (a) The governing body of each public entity shall publish notice of its intention to create an agency once a week for two consecutive weeks. (b) The first publication must appear before the 14th day before the date set for passage of the concurrent ordinanc…

Sec. 163.057. CONTENTS OF CONCURRENT ORDINANCE. A concurrent ordinance creating an agency under Section 163.054 or re-creating an agency under Section 163.055 must, as adopted by each public entity: (1) contain identical provisions; (2) define the boundaries of the agency to incl…

Sec. 163.058. ELECTION. (a) An agency may not be created unless the creation is approved by a majority of the qualified voters of each public entity creating the agency at an election called and held for that purpose. (b) An agency may not be re-created by addition of a public en…

Sec. 163.059. BOARD OF DIRECTORS. (a) The agency shall be governed by a board of directors. The board is responsible for the management, operation, and control of the property belonging to the agency. (b) The board must include at least four directors. Each director must be appoi…

Sec. 163.060. POWERS. (a) An agency may not engage in any utility business other than the generation, transmission, and sale or exchange of electric energy to: (1) a participating public entity; or (2) a private entity that owns jointly with the agency an electric generating faci…

Sec. 163.061. CONSTRUCTION CONTRACTS. (a) Except as provided by Subsection (c), an agency may award a contract for construction of an improvement that involves the expenditure of more than $20,000 only on the basis of competitive bids. (b) The agency shall publish notice of inten…

Sec. 163.062. SALE OR EXCHANGE OF ELECTRIC ENERGY. (a) An agency may participate through appropriate contracts in power pooling and power exchange agreements with other entities through direct or indirect system interconnections. (b) An entity that participates with an agency und…

Sec. 163.063. RATES AND CHARGES. (a) An agency may establish and maintain rates and charges for electric power and energy the agency delivers, transmits, or exchanges. The rates and charges must: (1) be reasonable and in accordance with prudent utility practices; (2) be based on …

Sec. 163.064. REVENUE BONDS. (a) The agency may issue revenue bonds to accomplish the purposes of the agency. (b) The agency may pledge to the payment of the obligations the revenues of all or part of its electric facilities, including facilities acquired after the obligations ar…

Sec. 163.065. REFUNDING BONDS. The agency may issue refunding bonds. Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 163.066. ISSUANCE, FORM, AND PROVISIONS OF BONDS. (a) Agency bonds that are payable from agency revenues or anticipated bond proceeds and the records relating to their issuance must be submitted to the attorney general for examination before delivery. (b) The bonds: (1) must…

Sec. 163.067. NONNEGOTIABLE PURCHASE MONEY NOTES. (a) The agency may issue nonnegotiable purchase money notes to acquire land or fuel resources. (b) Nonnegotiable purchase money notes are: (1) payable in installments; (2) secured by the property acquired with the notes or other c…

Sec. 163.068. BOND ANTICIPATION NOTES. (a) The agency may issue bond anticipation notes: (1) for any purpose for which the agency may issue bonds; or (2) to refund previously issued bond anticipation notes or nonnegotiable purchase money notes. (b) Bond anticipation notes are sub…

Sec. 163.071. DEFINITIONS. In this subchapter: (1) "Agency" means a municipal power agency for which concurrent ordinances are adopted under Section 163.073. (2) "Bond" includes a note, but does not include a nonnegotiable purchase money note issued under Section 163.067 or 163.0…

Sec. 163.072. CONSTRUCTION. This subchapter shall be liberally construed to carry out its purpose. Added by Acts 2015, 84th Leg., R.S., Ch. 1162 (S.B. 776), Sec. 3, eff. September 1, 2015.

Sec. 163.073. APPLICABILITY; ALTERNATE GOVERNANCE. (a) This subchapter applies to a municipal power agency created by two or more public entities under Subchapter C or a predecessor statute, including an agency re-created under Section 163.055 or a predecessor statute. (b) The pa…

Sec. 163.074. CONFLICTS WITH OTHER LAW. This subchapter prevails to the extent of a conflict between this subchapter and any other law, including: (1) a law regulating the affairs of a municipal corporation; or (2) a home-rule charter provision. Added by Acts 2015, 84th Leg., R.S…

Sec. 163.075. NATURE OF AGENCY. (a) An agency is a: (1) separate municipal corporation; (2) political subdivision of this state; and (3) political entity and corporate body. (b) An agency may not impose a tax but has all the other powers relating to municipally owned utilities an…

Sec. 163.076. ADDITION OR REMOVAL OF PUBLIC ENTITIES. (a) The public entities that created or re-created an agency may by concurrent ordinances: (1) add a new public entity as a participating public entity in the agency; or (2) remove a public entity from participation in the age…

Sec. 163.077. ELECTION FOR ADDITION OF PUBLIC ENTITY. (a) Public entities may not adopt concurrent ordinances under Section 163.076 adding a participating public entity unless the addition has been approved by a majority of the qualified voters of the additional public entity at …

Sec. 163.078. BOARD OF DIRECTORS. (a) The agency shall be governed by a board of directors. (b) The board is responsible for the management, operation, and control of the property belonging to the agency. (c) The board may by resolution delegate management or operational authorit…

Sec. 163.079. SEPARATE BOARDS OF DIRECTORS. (a) The public entities that created or re-created an agency may amend the creating concurrent ordinances to provide for the agency to be governed by one board of directors for the agency's generation system and another board of directo…

Sec. 163.080. POWERS. (a) An agency may not engage in any utility business other than: (1) the generation and sale or exchange of electric energy to: (A) a participating public entity; or (B) a private entity that owns jointly with the agency an electric generating facility in th…

Sec. 163.081. CONSTRUCTION CONTRACTS. (a) Except as provided by Subsection (c), an agency may award a contract for construction of an improvement that involves the expenditure of more than $20,000 only on the basis of competitive bids. (b) The agency shall publish notice of inten…

Sec. 163.082. SALE OR EXCHANGE OF ELECTRIC ENERGY. (a) An agency may participate through appropriate contracts in power pooling and power exchange agreements with other entities through direct or indirect system interconnections. (b) An entity that participates with an agency und…

Sec. 163.083. RATES AND CHARGES. (a) An agency may establish and maintain rates and charges for electric power and energy the agency delivers, transmits, or exchanges. The rates and charges must: (1) be reasonable and in accordance with prudent utility practices; (2) be based on …

Sec. 163.084. REVENUE BONDS. (a) The agency may issue revenue bonds to accomplish the purposes of the agency. (b) The agency may pledge to the payment of the obligations the revenues of all or part of its electric facilities, including facilities acquired after the obligations ar…

Sec. 163.085. REFUNDING BONDS. The agency may issue refunding bonds. Added by Acts 2015, 84th Leg., R.S., Ch. 1162 (S.B. 776), Sec. 3, eff. September 1, 2015.

Sec. 163.086. ISSUANCE, FORM, AND PROVISIONS OF BONDS. (a) Agency bonds that are payable from agency revenues or anticipated bond proceeds and the records relating to their issuance must be submitted to the attorney general for examination before delivery. (b) The bonds: (1) must…

Sec. 163.087. NONNEGOTIABLE PURCHASE MONEY NOTES. (a) The agency may issue nonnegotiable purchase money notes to acquire land or fuel resources. (b) Nonnegotiable purchase money notes are: (1) payable in installments; (2) secured by the property acquired with the notes or other c…

Sec. 163.088. BOND ANTICIPATION NOTES. (a) The agency may issue bond anticipation notes: (1) for any purpose for which the agency may issue bonds; or (2) to refund previously issued bond anticipation notes or nonnegotiable purchase money notes. (b) Bond anticipation notes are sub…

Sec. 163.089. PUBLIC SECURITIES. (a) It is a public purpose for a public entity that has participated in the creation of an agency to pay costs of planning, acquisition, construction, ownership, operation, and maintenance of electric facilities. (b) A public entity may issue publ…

Sec. 163.090. DISSOLUTION. (a) The participating public entities of an agency may by concurrent ordinance dissolve the agency. (b) Concurrent ordinances dissolving an agency must: (1) contain identical provisions; (2) state that the agency will be dissolved upon the winding up of…

Sec. 163.101. CREATION. (a) Notwithstanding Section 163.054, two or more public entities may create a municipal power agency governed by Subchapter C if the entities: (1) are municipalities; (2) are engaged in the distribution and sale of electric energy to the public; and (3) re…

Sec. 163.102. POWERS. (a) An agency created under this subchapter may: (1) generate and transmit electric power and energy inside and outside this state; (2) sell, purchase, or exchange electric power and energy with entities inside or outside this state; and (3) construct or acq…

Sec. 163.121. CREATION. An electric cooperative corporation may join one or more public entities to create a joint powers agency as if the corporation were also a public entity. Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 163.122. APPLICATION OF OPEN MEETINGS LAW. A joint powers agency created under this subchapter is a governmental body subject to Chapter 551, Government Code. Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 163.123. AUTHORITY OF PUBLIC UTILITY COMMISSION. A joint powers agency created under this subchapter is: (1) subject to all applicable provisions of Title 2; and (2) under the jurisdiction of the Public Utility Commission of Texas as provided by Title 2. Acts 1997, 75th Leg.…