Title UT, Utilities Code

Sec. 17.101. POLICY. It is the policy of this state that all customers be protected from the unauthorized switching of a telecommunications service provider, a retail electric provider, or an electric utility selected by the customer to provide service, where choice is permitted …

Sec. 17.102. RULES RELATING TO CHOICE. The commission shall adopt and enforce rules that: (1) ensure that customers are protected from deceptive practices employed in obtaining authorizations of service and in the verification of change orders, including negative option marketing…

Sec. 17.151. REQUIREMENTS FOR SUBMITTING CHARGES. (a) A service provider, retail electric provider, or billing agent may submit charges for a new product or service to be billed on a customer's telephone or retail electric bill on or after the effective date of this section only …

Sec. 17.152. RESPONSIBILITIES OF BILLING UTILITY. (a) If a customer's telephone or retail electric bill is charged for any product or service without proper customer consent or verification, the billing utility, on its knowledge or notification of any unauthorized charge, shall p…

Sec. 17.153. RECORDS OF DISPUTED CHARGES. (a) Every service provider shall maintain a record of every disputed charge for a product or service placed on a customer's bill. (b) The record required under Subsection (a) shall contain for every disputed charge: (1) any affected telep…

Sec. 17.154. NOTICE. (a) A billing utility shall provide notice of a customer's rights under this section in the manner prescribed by the commission. (b) Notice of a customer's rights must be provided by mail to each residential and retail business customer within 60 days of the …

Sec. 17.155. PROVIDING COPY OF RECORDS. A billing utility shall provide a copy of records maintained under Sections 17.151(c), 17.152, and 17.154 to the commission staff on request. A service provider shall provide a copy of records maintained under Sections 17.151(b) and 17.153 …

Sec. 17.156. VIOLATIONS. (a) If the commission finds that a billing utility violated this subchapter, the commission may implement penalties and other enforcement actions under Chapter 15. (b) If the commission finds that any other service provider or billing agent subject to thi…

Sec. 17.157. DISPUTES. (a) The commission may resolve disputes between a retail customer and a billing utility, service provider, telecommunications utility, retail electric provider, or electric utility. (b) In exercising its authority under Subsection (a), the commission may: (…

Sec. 17.158. CONSISTENCY WITH FEDERAL LAW. Rules adopted by the commission under this subchapter shall be consistent with and not more burdensome than applicable federal laws and rules. Added by Acts 1999, 76th Leg., ch. 1579, Sec. 3, eff. Aug. 30, 1999. SUBCHAPTER E. PROTECTION …

Sec. 17.201. DEFINITION. In this subchapter, "nonsubmetered master metered multifamily property" means an apartment, a leased or owner-occupied condominium, or one or more buildings containing at least 10 dwellings that receive electric utility service that is master metered but …

Sec. 17.202. NOTICE OF DISCONNECTION TO MUNICIPALITIES FOR NONSUBMETERED MASTER METERED MULTIFAMILY PROPERTIES. (a) A retail electric provider or a vertically integrated electric utility, not including a municipally owned utility or an electric cooperative, in an area where custo…

Sec. 17.203. ADDITIONAL SAFEGUARDS. (a) The customer safeguards provided by this subchapter are in addition to safeguards provided by other law or agency rules. (b) This subchapter does not prohibit a municipality or the commission from adopting customer safeguards that exceed th…

Sec. 18.001. DEFINITION. In this chapter, "committee" means the Texas Energy Waste Advisory Committee. Added by Acts 2025, 89th Leg., R.S., Ch. 682 (H.B. 5323), Sec. 1, eff. September 1, 2025.

Sec. 18.002. ESTABLISHMENT OF COMMITTEE. The Texas Energy Waste Advisory Committee is created to make recommendations for coordinating and improving state agency and interagency programs that reduce energy waste, increase energy efficiency, and enhance demand response programs in…

Sec. 18.003. COMMITTEE MEMBERSHIP. (a) The committee is composed of eight ex officio members as follows: (1) the presiding officer of the commission; (2) the chief executive officer of the independent organization certified under Section 39.151 for the ERCOT power region; (3) the…

Sec. 18.004. PROGRAM EVALUATION AND RECOMMENDATIONS. To improve the reliability of electric service in the ERCOT power region, the committee shall solicit information from and make recommendations to the following state agencies and organizations regarding state programs that hav…

Sec. 18.005. ADMINISTRATIVE SUPPORT. The commission shall provide the committee with administrative support, including meeting space and staff necessary to assist the committee in carrying out the committee's duties under this chapter. Added by Acts 2025, 89th Leg., R.S., Ch. 682…

Sec. 18.006. CONFIDENTIALITY OF CERTAIN INFORMATION. (a) Except as provided by Subsection (b), the committee is not subject to Chapter 551 or 552, Government Code. (b) Information written, produced, collected, assembled, or maintained under law or in connection with the transacti…

Sec. 18.007. REPORT. Not later than December 1 of each even-numbered year, the committee shall provide to the legislature a report on the committee's activities and recommendations. Added by Acts 2025, 89th Leg., R.S., Ch. 682 (H.B. 5323), Sec. 1, eff. September 1, 2025.

Sec. 31.001. LEGISLATIVE FINDINGS; PURPOSE OF SUBTITLE. (a) This subtitle is enacted to protect the public interest inherent in the rates and services of electric utilities. The purpose of this subtitle is to establish a comprehensive and adequate regulatory system for electric u…

Sec. 31.002. DEFINITIONS. In this subtitle: (1) "Affiliated power generation company" means a power generation company that is affiliated with or the successor in interest of an electric utility certificated to serve an area. (2) "Affiliated retail electric provider" means a reta…

Sec. 31.0021. CHARGING SERVICE. The commission by rule may exempt from the definition of "electric utility" or "retail electric provider" under Section 31.002 a provider who owns or operates equipment used solely to provide electricity charging service for a mode of transportatio…

Sec. 31.004. ENERGY-EFFICIENT SCHOOL FACILITIES. (a) The commission may serve as a resource center to assist school districts in developing energy-efficient facilities. (b) As a resource center under this section, the commission may: (1) present programs to school districts relat…

Sec. 31.005. CUSTOMER-OPTION PROGRAMS. (a) This section applies to: (1) a municipally owned electric utility; (2) an electric cooperative; (3) an electric utility; (4) a power marketer; (5) a retail electric provider; and (6) a transmission and distribution utility. (b) An entity…

Sec. 31.051. DEFINITION. In this subchapter, "utility" means: (1) an electric cooperative; (2) an electric utility; (3) a municipally owned electric utility; or (4) a transmission and distribution utility. Added by Acts 2019, 86th Leg., R.S., Ch. 509 (S.B. 64), Sec. 22, eff. Sept…

Sec. 31.052. CYBERSECURITY COORDINATION PROGRAM FOR UTILITIES. (a) The commission shall establish a program to monitor cybersecurity efforts among utilities in this state. The program shall: (1) provide guidance on best practices in cybersecurity and facilitate the sharing of cyb…

Sec. 32.001. COMMISSION JURISDICTION. (a) Except as provided by Section 32.002, the commission has exclusive original jurisdiction over the rates, operations, and services of an electric utility in: (1) areas outside a municipality; and (2) areas inside a municipality that surren…

Sec. 32.0015. REGULATION OF SUCCESSOR ELECTRIC UTILITY OR ELECTRIC COOPERATIVE. If an electric utility purchases, acquires, merges, or consolidates with or acquires 50 percent or more of the stock of an electric utility or electric cooperative, the commission shall regulate the s…

Sec. 32.002. LIMITATION ON COMMISSION JURISDICTION. Except as otherwise provided by this title, this subtitle does not authorize the commission to: (1) regulate or supervise a rate or service of a municipally owned utility; or (2) affect the jurisdiction, power, or duty of a muni…

Sec. 32.003. EXEMPT AREA JURISDICTION. Notwithstanding an election under Subchapter A, Chapter 33, by a municipality on the issue of surrendering its jurisdiction, the commission may: (1) consider an electric utility's revenues and return on investment in an area exempt from comm…

Sec. 32.004. ASSISTANCE TO MUNICIPALITY. On request of a municipality, the commission may advise and assist the municipality with respect to a question or proceeding arising under this title. Assistance provided by the commission may include aid to a municipality on a matter pend…

Sec. 32.051. EXEMPTION OF RIVER AUTHORITY FROM WHOLESALE RATE REGULATION. Notwithstanding any other provision of this title, the commission may not directly or indirectly regulate revenue requirements, rates, fuel costs, fuel charges, or fuel acquisitions that are related to the …

Sec. 32.052. ABILITY OF CERTAIN RIVER AUTHORITIES TO CONSTRUCT IMPROVEMENTS. A river authority operating a steam generating plant on or before January 1, 1999, may acquire, finance, construct, rebuild, repower, and use new or existing power plants, equipment, transmission lines, …

Sec. 32.053. ABILITY OF CERTAIN RIVER AUTHORITY AFFILIATES TO CONSTRUCT IMPROVEMENTS. (a) This section applies only to a corporation that: (1) sells electricity exclusively at wholesale, and not to ultimate consumers; (2) is authorized by Chapter 152, Water Code; and (3) acts on …

Sec. 32.054. RESTRICTIONS ON AUTHORITY OF CORPORATIONS OR RIVER AUTHORITY. (a) This subchapter does not authorize a river authority to acquire, install, construct, make additions to, or operate steam generating plants having an aggregate capacity greater than 5,000 megawatts to s…

Sec. 32.101. TARIFF FILINGS. (a) An electric utility shall file with each regulatory authority a tariff showing each rate that is: (1) subject to the regulatory authority's original or appellate jurisdiction; and (2) in effect for a utility service, product, or commodity offered …

Sec. 32.102. DEPRECIATION ACCOUNT. The commission shall require each electric or municipally owned utility to carry a proper and adequate depreciation account in accordance with: (1) the rates and methods prescribed by the commission under Section 36.056; and (2) any other rule t…

Sec. 32.103. ACCOUNTS OF PROFITS AND LOSSES. An electric or municipally owned utility shall keep separate accounts showing profits or losses from the sale or lease of merchandise, including an appliance, a fixture, or equipment. Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1…

Sec. 32.104. REPORT OF CERTAIN EXPENSES. A regulatory authority may require an electric utility to annually report the utility's expenditures for: (1) business gifts and entertainment; and (2) advertising or public relations, including expenditures for institutional and consumpti…

Sec. 33.001. MUNICIPAL JURISDICTION. (a) To provide fair, just, and reasonable rates and adequate and efficient services, the governing body of a municipality has exclusive original jurisdiction over the rates, operations, and services of an electric utility in areas in the munic…

Sec. 33.002. SURRENDER OF MUNICIPAL JURISDICTION TO COMMISSION. (a) A municipality shall regulate all local utility service in the municipality until the commission assumes jurisdiction over a local utility under this subtitle. (b) A municipality may elect to have the commission …

Sec. 33.003. REINSTATEMENT OF MUNICIPAL JURISDICTION. (a) A municipality that surrenders its jurisdiction to the commission may at any time reinstate its jurisdiction by a vote of the electorate. (b) A municipality that reinstates its jurisdiction under Subsection (a) may not sur…

Sec. 33.004. AREA EXEMPT FROM COMMISSION REGULATION. (a) If a municipality does not surrender its jurisdiction, local utility service in the municipality is exempt from regulation by the commission under this subtitle to the extent that this subtitle applies to local service. (b)…

Sec. 33.005. EXEMPT AREA REPORTING. (a) An electric utility serving an area exempt from commission regulation is subject to the reporting requirements of this title. (b) A report must be filed with: (1) the governing body of the municipality; and (2) the commission. Acts 1997, 75…

Sec. 33.006. COMMISSION POWERS IN NONEXEMPT AREAS. This subchapter does not limit the duty and power of the commission to regulate the service and rates of a municipally regulated electric utility for service provided to another area in this state. Acts 1997, 75th Leg., ch. 166, …