Title UT, Utilities Code

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.…

Sec. 163.124. POWER TO ISSUE CERTAIN BONDS OR SECURITIES. This subchapter does not authorize an electric cooperative corporation to issue bonds or other securities that are tax exempt under federal law. Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 164.001. JOINT OWNERSHIP OF ELECTRIC UTILITY FACILITIES AUTHORIZED. (a) Political subdivisions may join together to finance, construct, complete, acquire, or operate electric utility facilities so that the facilities or an undivided interest in the facilities is jointly owne…

Sec. 164.002. PUBLIC PURPOSE. The exercise by a political subdivision of the authority granted by this chapter, including the exercise of the power to issue bonds, notes, or other obligations to accomplish the purposes of this chapter, and the performance of an agreement entered …

Sec. 164.003. APPROVAL OF AGREEMENT BY ATTORNEY GENERAL. (a) An agreement between political subdivisions establishing an interest in electric utility facilities that is executed under this chapter shall be submitted to the attorney general in connection with any proceeding to fin…

Sec. 164.004. INCREASE IN OWNERSHIP SHARES. (a) An agreement under this chapter may provide for a political subdivision to increase its present or future ownership share of the electric utility facilities by installment purchase payments and for another political subdivision that…

Sec. 164.005. CONTRACTUAL OBLIGATIONS AS LIEN ON SYSTEM REVENUE. (a) If the electric utility facilities financed, acquired, constructed, or completed are a part of a utility system of a political subdivision, the obligation to make the contract payments to acquire an ownership in…

Sec. 164.006. CONSTRUCTION WITH OTHER LAWS. To provide full authority for the execution of an agreement under this chapter, this chapter applies to a municipality as if this chapter were originally contained in Chapter 1501 or 1502, Government Code, or Chapter 552, Local Governme…

Sec. 181.001. DEFINITIONS. In this chapter: (1) "Corporation" includes: (A) a partnership, limited partnership, or master limited partnership; (B) a combination of business entities composed exclusively of corporations or in which a corporation is a general partner; (C) a limited…

Sec. 181.002. CORPORATE POWERS. A gas or electric corporation has the powers and rights of a corporation organized for profit in this state whenever those powers and duties may be applicable. Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 181.003. AUTHORITY TO BORROW MONEY, ISSUE STOCK, OR MORTGAGE PROPERTY. A gas or electric corporation has the right to: (1) borrow money; (2) issue stock, including preferred stock; or (3) mortgage a franchise or other property of the corporation to secure a debt contracted f…

Sec. 181.004. CONDEMNATION OF PROPERTY. A gas or electric corporation has the right and power to enter on, condemn, and appropriate the land, right-of-way, easement, or other property of any person or corporation. Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 181.005. AUTHORITY TO LAY AND MAINTAIN LINES. (a) A gas corporation has the right to lay and maintain lines over, along, under, and across a public road, an interurban railroad, a street railroad, a canal or stream, or a municipal street or alley and over, under, and across …

Sec. 181.006. CONSENT REQUIRED IN MUNICIPALITY. A gas corporation may exercise authority under Section 181.005 in relation to a municipal street or alley with the consent of and subject to the direction of the governing body of the municipality. Acts 1997, 75th Leg., ch. 166, Sec…

Sec. 181.007. AUTHORITY TO HOLD LAND OR OTHER PROPERTY. A gas or electric corporation has the power to own, hold, or use land, a right-of-way, an easement, a franchise, or a building or other structure as necessary for the purpose of the corporation. Acts 1997, 75th Leg., ch. 166…

Sec. 181.008. AUTHORITY RELATING TO TRANSPORT OR SALE. (a) A gas or electric corporation has the power to generate, make, manufacture, transport, and sell gas, electric current, and power to an individual, the public, or a municipality for any purpose. (b) A gas or electric corpo…

Sec. 181.009. DISCRIMINATION PROHIBITED. A gas or electric corporation may not discriminate against a person, corporation, firm, association, or location in: (1) charging for gas, electric current, or power; or (2) providing service under similar circumstances. Acts 1997, 75th Le…

Sec. 181.021. DEFINITIONS. In this subchapter: (1) "Gas facility" means a pipe, main, conductor, or other facility or fixture used to carry gas. (2) "Gas utility" means a person, firm, corporation, or municipality engaged in the business of transporting or distributing gas for pu…

Sec. 181.022. AUTHORITY TO LAY AND MAINTAIN GAS FACILITY. A gas utility has the right to lay and maintain a gas facility through, under, along, across, or over a public highway, a public road, a public street or alley, or public water. Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. …

Sec. 181.023. CONSENT REQUIRED IN MUNICIPALITY. A gas utility may exercise authority under Section 181.022 in a municipality with the consent of and subject to the direction of the governing body of the municipality. Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 181.024. NOTICE TO STATE OR COUNTY. (a) A gas utility proposing under this subchapter to locate a gas facility in the right-of-way of a state highway or a county road not in a municipality shall give notice of the proposal to: (1) the Texas Transportation Commission if the p…

Sec. 181.025. RELOCATION OF GAS FACILITY TO ALLOW CHANGE TO TRAFFIC LANE. (a) The authority of the Texas Transportation Commission under this section is limited to a gas facility on a state highway not in a municipality. The authority of the commissioners court under this section…

Sec. 181.026. EFFECT OF MUNICIPAL INCORPORATION ON GAS FACILITY PREVIOUSLY LAID. A gas utility having a gas facility located in an area that becomes incorporated after the facility is in place may continue to exercise in that area the authority granted by this subchapter until th…

Sec. 181.041. DEFINITIONS. In this subchapter: (1) "Electric utility" means: (A) an electric cooperative organized under Chapter 161; (B) a corporation or river authority, if the river authority is created by a statute of this state: (i) that generates, transmits, or distributes …

Sec. 181.042. AUTHORITY TO CONSTRUCT, MAINTAIN, AND OPERATE LINES. An electric utility has the right to construct, maintain, and operate lines over, under, across, on, or along a state highway, a county road, a municipal street or alley, or other public property in a municipality…

Sec. 181.043. CONSENT REQUIRED IN MUNICIPALITY. (a) An electric utility may exercise authority under Section 181.042 in a municipality with the consent of and subject to the direction of the governing body of the municipality. (b) Subsection (a) does not apply to a municipal elec…

Sec. 181.044. NOTICE TO STATE OR COUNTY. (a) An electric utility proposing under this subchapter to construct a line along the right-of-way of a state highway or a county road not in a municipality shall give notice of the proposal to: (1) the Texas Transportation Commission if t…

Sec. 181.045. STANDARDS FOR CONSTRUCTION, OPERATION, AND MAINTENANCE OF LINES. (a) A municipal electric utility shall construct, operate, and maintain its transmission lines and distribution lines along highways and at other places in accordance with the national electrical safet…

Sec. 181.046. RELOCATION OF LINE TO ALLOW ROAD OR DITCH IMPROVEMENT. (a) The authority of the Texas Transportation Commission under this section is limited to a line on a state highway not in a municipality. The authority of the commissioners court under this section is limited t…

Sec. 181.047. EFFECT OF MUNICIPAL INCORPORATION ON LINE PREVIOUSLY CONSTRUCTED. (a) An electric utility that owns a line on a state highway or county road in a city or town that, at the time of the construction of the line, is unincorporated but that later incorporates as a munic…

Sec. 181.048. ELECTRIC COOPERATIVE BROADBAND FACILITIES. (a) In this section: (1) "Broadband service" means Internet service with the capability of providing: (A) a download speed of 25 megabits per second or faster; and (B) an upload speed of three megabits per second or faster.…

Sec. 181.061. DEFINITION. In this subchapter, "telegraph company" includes a person, firm, corporation, or association engaged in the business of accepting and transmitting messages to and from different locations in this state through use of a telegraph. Acts 1997, 75th Leg., ch…

Sec. 181.062. TELEGRAPH CONNECTIONS. A telegraph company engaged in business at the same location or in the same municipality as another telegraph company shall provide: (1) means through which a message may be transferred to the lines of the other telegraph company at common loc…

Sec. 181.063. EXCEPTIONS. (a) A telegraph company is not required to transfer a message to another line if: (1) the message originated on the company's line; and (2) the company can deliver the message directly to its intended recipient on the company's lines. (b) A telegraph com…

Sec. 181.064. HEARING AND DETERMINATION. (a) The governing body of a municipality or, for an unincorporated area, the commissioners court of the county, shall on its own motion or on application of at least 100 residents: (1) hear evidence as the governing body or commissioners c…

Sec. 181.065. PENALTY. (a) A telegraph company shall comply with an order of a municipality's governing body or a commissioners court requiring the company to arrange for transfer of messages. (b) A telegraph company that fails to comply with an order is subject to a penalty of $…

Sec. 181.066. APPEAL. (a) A telegraph company ordered to transfer messages under this subchapter has the right to appeal to the court having jurisdiction over the matter. (b) If the court finds that the telegraph company had reasonable grounds for bringing the appeal, the court s…

Sec. 181.081. DEFINITIONS. In this subchapter: (1) "Facility" means a pole, pier, abutment, wire, or other fixture related to a telephone or magnetic telegraph line. (2) "Telegraph corporation" means a corporation created to construct and maintain magnetic telegraph lines. (3) "T…

Sec. 181.082. AUTHORITY TO INSTALL FACILITY IN RELATION TO PUBLIC PROPERTY. A telephone or telegraph corporation may install a facility of the corporation along, on, or across a public road, a public street, or public water in a manner that does not inconvenience the public in th…

Sec. 181.083. AUTHORITY TO CONSTRUCT LINE ON PRIVATE PROPERTY. A telephone or telegraph corporation may enter land in which a private person or a corporation owns a fee or lesser estate to: (1) make a preliminary survey or examination to prepare for the construction of a telephon…