By Armbrister                                   S.B. No. 1751

      75R5142 CBH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the adoption of a nonsubstantive revision of statutes

 1-3     relating to utilities, including conforming amendments, repeals,

 1-4     and penalties.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  ADOPTION OF CODE.  The Utilities Code is adopted

 1-7     to read as follows:

 1-8                               UTILITIES CODE

 1-9                        TITLE 1.  GENERAL PROVISIONS

1-10     CHAPTER 1.  GENERAL PROVISIONS

1-11                   (Chapters 2-10 reserved for expansion)

1-12                   TITLE 2.  PUBLIC UTILITY REGULATORY ACT

1-13             SUBTITLE A.  PROVISIONS APPLICABLE TO ALL UTILITIES

1-14     CHAPTER 11.  GENERAL PROVISIONS

1-15     CHAPTER 12.  ORGANIZATION OF COMMISSION

1-16     CHAPTER 13.  OFFICE OF PUBLIC UTILITY COUNCIL

1-17     CHAPTER 14.  JURISDICTION AND POWERS OF COMMISSION AND

1-18                    OTHER REGULATORY AUTHORITIES

1-19     CHAPTER 15.  JUDICIAL REVIEW, ENFORCEMENT, AND PENALTIES

1-20     CHAPTER 16.  COMMISSION FINANCING

1-21                   (Chapters 17-30 reserved for expansion)

1-22                       SUBTITLE B.  ELECTRIC UTILITIES

1-23     CHAPTER 31.  GENERAL PROVISIONS

1-24     CHAPTER 32.  JURISDICTION AND POWERS OF COMMISSION AND

 2-1                    OTHER REGULATORY AUTHORITIES

 2-2     CHAPTER 33.  JURISDICTION AND POWERS OF MUNICIPALITY

 2-3     CHAPTER 34.  ELECTRICAL PLANNING

 2-4     CHAPTER 35.  ALTERNATIVE ENERGY PROVIDERS

 2-5     CHAPTER 36.  RATES

 2-6     CHAPTER 37.  CERTIFICATES OF CONVENIENCE AND NECESSITY

 2-7     CHAPTER 38.  REGULATION OF ELECTRIC SERVICES

 2-8                   (Chapters 39-50 reserved for expansion)

 2-9                  SUBTITLE C.  TELECOMMUNICATIONS UTILITIES

2-10     CHAPTER 51.  GENERAL PROVISIONS

2-11     CHAPTER 52.  COMMISSION JURISDICTION

2-12     CHAPTER 53.  RATES

2-13     CHAPTER 54.  CERTIFICATES

2-14     CHAPTER 55.  REGULATION OF TELECOMMUNICATIONS SERVICES

2-15     CHAPTER 56.  TELECOMMUNICATIONS ASSISTANCE AND UNIVERSAL

2-16                    SERVICE FUND

2-17     CHAPTER 57.  DISTANCE LEARNING AND OTHER ADVANCED SERVICES

2-18     CHAPTER 58.  INCENTIVE REGULATION

2-19     CHAPTER 59.  INFRASTRUCTURE PLAN

2-20     CHAPTER 60.  COMPETITIVE SAFEGUARDS

2-21     CHAPTER 61.  INFORMATION TECHNOLOGY SERVICES

2-22     CHAPTER 62.  BROADCASTER SAFEGUARDS

2-23     CHAPTER 63.  ELECTRONIC PUBLISHING

2-24                  (Chapters 64-100 reserved for expansion)

 3-1                          TITLE 3.  GAS REGULATION

 3-2                   SUBTITLE A.  GAS UTILITY REGULATORY ACT

 3-3     CHAPTER 101.  GENERAL PROVISIONS AND OFFICE OF PUBLIC

 3-4                     UTILITY COUNSEL

 3-5     CHAPTER 102.  JURISDICTION AND POWERS OF RAILROAD COMMISSION

 3-6                     AND OTHER REGULATORY AUTHORITIES

 3-7     CHAPTER 103.  JURISDICTION AND POWERS OF MUNICIPALITY

 3-8     CHAPTER 104.  RATES AND SERVICES

 3-9     CHAPTER 105.  JUDICIAL REVIEW; ENFORCEMENT AND PENALTIES

3-10                  (Chapters 106-120 reserved for expansion)

3-11              SUBTITLE B.  REGULATION OF TRANSPORTATION AND USE

3-12     CHAPTER 121.  GAS PIPELINES

3-13     CHAPTER 122.  GAS UTILITY PIPELINE TAX

3-14     CHAPTER 123.  USE OF NATURAL GAS FOR AGRICULTURAL PURPOSES

3-15     CHAPTER 124.  SUBMETERING TO MOBILE HOME PARKS AND

3-16                     APARTMENT HOUSES

3-17                  (Chapters 125-160 reserved for expansion)

3-18                   TITLE 4.  DELIVERY OF UTILITY SERVICES

3-19            SUBTITLE A.  UTILITY CORPORATIONS AND OTHER PROVIDERS

3-20     CHAPTER 161.  ELECTRIC COOPERATIVE CORPORATIONS

3-21     CHAPTER 162.  TELEPHONE COOPERATIVE CORPORATIONS

3-22     CHAPTER 163.  JOINT POWERS AGENCIES

3-23     CHAPTER 164.  JOINT OWNERSHIP OF ELECTRIC FACILITIES BY

3-24                     PUBLIC ENTITIES

3-25                  (Chapters 165-180 reserved for expansion)

3-26           SUBTITLE B.  PROVISIONS REGULATING DELIVERY OF SERVICES

3-27     CHAPTER 181.  MISCELLANEOUS POWERS AND DUTIES OF UTILITIES

 4-1     CHAPTER 182.  RIGHTS OF UTILITY CUSTOMERS

 4-2     CHAPTER 183.  UTILITY DEPOSITS

 4-3     CHAPTER 184.  ELECTRIC AND WATER METERING

 4-4     CHAPTER 185.  RATING OF SOLAR ENERGY DEVICES

 4-5     CHAPTER 186.  PROVISIONS TO ENSURE THE RELIABILITY AND INTEGRITY

 4-6                     OF UTILITY SERVICE

 4-7                               UTILITIES CODE

 4-8                        TITLE 1.  GENERAL PROVISIONS

 4-9                       CHAPTER 1.  GENERAL PROVISIONS

4-10     Sec. 1.001.  PURPOSE OF CODE 

4-11     Sec. 1.002.  CONSTRUCTION OF CODE 

4-12     Sec. 1.003.  REFERENCE IN LAW TO STATUTE REVISED BY CODE 

4-13                       CHAPTER 1.  GENERAL PROVISIONS

4-14           Sec. 1.001.  PURPOSE OF CODE.  (a)  This code is enacted as a

4-15     part of the state's continuing statutory revision program, begun by

4-16     the Texas Legislative Council in 1963 as directed by the

4-17     legislature in the law codified as Section 323.007, Government

4-18     Code.  The program contemplates a topic-by-topic revision of the

4-19     state's general and permanent statute law without substantive

4-20     change.

4-21           (b)  Consistent with the objectives of the statutory revision

4-22     program, the purpose of this code is to make the law encompassed by

4-23     this code more accessible and understandable by:

4-24                 (1)  rearranging the statutes into a more logical

4-25     order;

4-26                 (2)  employing a format and numbering system designed

4-27     to facilitate citation of the law and to accommodate future

 5-1     expansion of the law;

 5-2                 (3)  eliminating repealed, duplicative,

 5-3     unconstitutional, expired, executed, and other ineffective

 5-4     provisions; and

 5-5                 (4)  restating the law in modern American English to

 5-6     the greatest extent possible.  (New.)

 5-7           Sec. 1.002.  CONSTRUCTION OF CODE.  Chapter 311, Government

 5-8     Code (Code Construction Act), applies to the construction of each

 5-9     provision in this code except as otherwise expressly provided by

5-10     this code.  (New.)

5-11           Sec. 1.003.  REFERENCE IN LAW TO STATUTE REVISED BY CODE.  A

5-12     reference in a law to a statute or a part of a statute revised by

5-13     this code is considered to be a reference to the part of this code

5-14     that revises that statute or part of that statute.  (New.)

5-15                   (Chapters 2-10 reserved for expansion)

5-16                  TITLE 2.  PUBLIC UTILITY REGULATORY ACT 

5-17             SUBTITLE A.  PROVISIONS APPLICABLE TO ALL UTILITIES

5-18                       CHAPTER 11. GENERAL PROVISIONS 

5-19     Sec. 11.001.  SHORT TITLE 

5-20     Sec. 11.002.  PURPOSE AND FINDINGS 

5-21     Sec. 11.003.  DEFINITIONS 

5-22     Sec. 11.004.  DEFINITION OF UTILITY 

5-23     Sec. 11.005.  ENTITY, COMPETITOR, OR SUPPLIER AFFECTED IN

5-24                     MANNER OTHER THAN BY SETTING OF RATES 

5-25     Sec. 11.006.  PERSON DETERMINED TO BE AFFILIATE 

5-26     Sec. 11.007.  ADMINISTRATIVE PROCEDURE 

5-27     Sec. 11.008.  LIBERAL CONSTRUCTION 

 6-1     Sec. 11.009.  CONSTRUCTION WITH FEDERAL AUTHORITY 

 6-2                       CHAPTER 11. GENERAL PROVISIONS

 6-3           Sec. 11.001.  SHORT TITLE.  This title may be cited as the

 6-4     Public Utility Regulatory Act.  (V.A.C.S. Art. 1446c-0, Sec.

 6-5     1.001.)

 6-6           Sec. 11.002.  PURPOSE AND FINDINGS.  (a)  This title is

 6-7     enacted to protect the public interest inherent in the rates and

 6-8     services of public utilities.  The purpose of this title is to

 6-9     establish a comprehensive and adequate regulatory system for public

6-10     utilities to assure rates, operations, and services that are just

6-11     and reasonable to the consumers and to the utilities.

6-12           (b)  Public utilities traditionally are by definition

6-13     monopolies in the areas they serve.  As a result, the normal forces

6-14     of competition that regulate prices in a free enterprise society do

6-15     not operate. Public agencies regulate utility rates, operations,

6-16     and services as a substitute for competition. (V.A.C.S.

6-17     Art. 1446c-0, Sec. 1.002.)

6-18           Sec. 11.003.  DEFINITIONS.  In this title:

6-19                 (1)  "Affected person" means:

6-20                       (A)  a public utility affected by an action of a

6-21     regulatory authority;

6-22                       (B)  a person whose utility service or rates are

6-23     affected by a proceeding before a regulatory authority; or

6-24                       (C)  a person who:

6-25                             (i)  is a competitor of a public utility

6-26     with respect to a service performed by the utility; or

6-27                             (ii)  wants to enter into competition with

 7-1     a public utility.

 7-2                 (2)  "Affiliate" means:

 7-3                       (A)  a person who directly or indirectly owns or

 7-4     holds at least five percent of the voting securities of a public

 7-5     utility;

 7-6                       (B)  a person in a chain of successive ownership

 7-7     of at least five percent of the voting securities of a public

 7-8     utility;

 7-9                       (C)  a corporation that has at least five percent

7-10     of its voting securities owned or controlled, directly or

7-11     indirectly, by a public utility;

7-12                       (D)  a corporation that has at least five percent

7-13     of its voting securities owned or controlled, directly or

7-14     indirectly, by:

7-15                             (i)  a person who directly or indirectly

7-16     owns or controls at least five percent of the voting securities of

7-17     a public utility; or

7-18                             (ii)  a person in a chain of successive

7-19     ownership of at least five percent of the voting securities of a

7-20     public utility;

7-21                       (E)  a person who is an officer or director of a

7-22     public utility or of a corporation in a chain of successive

7-23     ownership of at least five percent of the voting securities of a

7-24     public utility; or

7-25                       (F)  a person determined to be an affiliate under

7-26     Section 11.006.

7-27                 (3)  "Allocation" means the division among

 8-1     municipalities or among municipalities and unincorporated areas of

 8-2     the plant, revenues, expenses, taxes, and reserves of a utility

 8-3     used to provide public utility service in a municipality or for a

 8-4     municipality and unincorporated areas.

 8-5                 (4)  "Commission" means the Public Utility Commission

 8-6     of Texas.

 8-7                 (5)  "Commissioner" means a member of the Public

 8-8     Utility Commission of Texas.

 8-9                 (6)  "Cooperative corporation" means:

8-10                       (A)  an electric cooperative corporation

8-11     organized under Chapter 161 or a predecessor statute to Chapter 161

8-12     and operating under that chapter; or

8-13                       (B)  a telephone cooperative corporation

8-14     organized under Chapter 162 or a predecessor statute to Chapter 162

8-15     and operating under that chapter.

8-16                 (7)  "Corporation" means a domestic or foreign

8-17     corporation, joint-stock company, or association, and each lessee,

8-18     assignee, trustee, receiver, or other successor in interest of the

8-19     corporation, company, or association, that has any of the powers or

8-20     privileges of a corporation not possessed by an individual or

8-21     partnership.  The term does not include a municipal corporation,

8-22     except as expressly provided by this title.

8-23                 (8)  "Counsellor" means the public utility counsel.

8-24                 (9)  "Facilities" means all of the plant and equipment

8-25     of a public utility, and includes the tangible and intangible

8-26     property, without limitation, owned, operated, leased, licensed,

8-27     used, controlled, or supplied for, by, or in connection with the

 9-1     business of the public utility.

 9-2                 (10)  "Municipally owned utility" means a utility

 9-3     owned, operated, and controlled by a municipality or by a nonprofit

 9-4     corporation the directors of which are appointed by one or more

 9-5     municipalities.

 9-6                 (11)  "Office" means the Office of Public Utility

 9-7     Counsel.

 9-8                 (12)  "Order" means all or a part of a final

 9-9     disposition by a regulatory authority in a matter other than

9-10     rulemaking, without regard to whether the disposition is

9-11     affirmative or negative or injunctive or declaratory.  The term

9-12     includes:

9-13                       (A)  the issuance of a certificate of convenience

9-14     and necessity; and

9-15                       (B)  the setting of a rate.

9-16                 (13)  "Person" includes an individual, a partnership of

9-17     two or more persons having a joint or common interest, a mutual or

9-18     cooperative association, and a corporation.

9-19                 (14)  "Proceeding" means a hearing, investigation,

9-20     inquiry, or other procedure for finding facts or making a decision

9-21     under this title.  The term includes a denial of relief or

9-22     dismissal of a complaint.

9-23                 (15)  "Rate" includes:

9-24                       (A)  any compensation, tariff, charge, fare,

9-25     toll, rental, or classification that is directly or indirectly

9-26     demanded, observed, charged, or collected by a public utility for a

9-27     service, product, or commodity described in the definition of

 10-1    utility in Section 31.002 or 51.002; and

 10-2                      (B)  a rule, practice, or contract affecting the

 10-3    compensation, tariff, charge, fare, toll, rental, or

 10-4    classification.

 10-5                (16)  "Ratemaking proceeding" means:

 10-6                      (A)  a proceeding in which a rate is changed; and

 10-7                      (B)  a proceeding initiated under Chapter 34.

 10-8                (17)  "Regulatory authority" means either the

 10-9    commission or the governing body of a municipality, in accordance

10-10    with the context.

10-11                (18)  "Service" has its broadest and most inclusive

10-12    meaning.  The term includes any act performed, anything supplied,

10-13    and any facilities used or supplied by a public utility in the

10-14    performance of the utility's duties under this title to its

10-15    patrons, employees, other public utilities, and the public.  The

10-16    term also includes the interchange of facilities between two or

10-17    more public utilities.  The term does not include the printing,

10-18    distribution, or sale of advertising in a telephone directory.

10-19                (19)  "Test year" means the most recent 12 months,

10-20    beginning on the first day of a calendar or fiscal year quarter,

10-21    for which operating data for a public utility are available.

10-22                (20)  "Trade association" means a nonprofit,

10-23    cooperative, and voluntarily joined association of business or

10-24    professional persons who are employed by public utilities or

10-25    utility competitors to assist the public utility industry, a

10-26    utility competitor, or the industry's or competitor's employees in

10-27    dealing with mutual business or professional problems and in

 11-1    promoting their common interest.  (V.A.C.S. Art. 1446c-0, Secs.

 11-2    1.003(1), (2) (part), (3), (4), (5), (6), (7), (8), (9), (10),

 11-3    (11), (12), (13), (13A), (14), (15), (16), (17), (18); New.)

 11-4          Sec. 11.004.  DEFINITION OF UTILITY.  In Subtitle A, "public

 11-5    utility" or "utility" means:

 11-6                (1)  an electric utility, as that term is defined by

 11-7    Section 31.002; or

 11-8                (2)  a public utility or utility, as those terms are

 11-9    defined by Section 51.002.  (V.A.C.S. Art. 1446c-0, Sec. 1.004.)

11-10          Sec. 11.005.  ENTITY, COMPETITOR, OR SUPPLIER AFFECTED IN

11-11    MANNER OTHER THAN BY SETTING OF RATES.  In this title, an entity,

11-12    including a utility competitor or utility supplier, is considered

11-13    to be affected in a manner other than by the setting of rates for

11-14    that class of customer if during a relevant calendar year the

11-15    entity provides fuel, utility-related goods, utility-related

11-16    products, or utility-related services to a regulated or unregulated

11-17    provider of telecommunications or electric services or to an

11-18    affiliate in an amount equal to the greater of $10,000 or 10

11-19    percent of the person's business.  (V.A.C.S. Art. 1446c-0, Sec.

11-20    1.006.)

11-21          Sec. 11.006.  PERSON DETERMINED TO BE AFFILIATE.  (a)  The

11-22    commission may determine that a person is an affiliate for purposes

11-23    of this title if the commission after notice and hearing finds that

11-24    the person:

11-25                (1)  actually exercises substantial influence or

11-26    control over the policies and actions of a public utility;

11-27                (2)  is a person over which a public utility exercises

 12-1    the control described by Subdivision (1);

 12-2                (3)  is under common control with a public utility; or

 12-3                (4)  together with one or more persons with whom the

 12-4    person is related by ownership or blood relationship, or by action

 12-5    in concert, actually exercises substantial influence over the

 12-6    policies and actions of a public utility even though neither person

 12-7    may qualify as an affiliate individually.

 12-8          (b)  For purposes of Subsection (a)(3), "common control with

 12-9    a public utility" means the direct or indirect possession of the

12-10    power to direct or cause the direction of the management and

12-11    policies of another, without regard to whether that power is

12-12    established through ownership or voting of securities or by any

12-13    other direct or indirect means.  (V.A.C.S. Art. 1446c-0, Sec.

12-14    1.003(2) (part).)

12-15          Sec. 11.007.  ADMINISTRATIVE PROCEDURE.  (a)  Chapter 2001,

12-16    Government Code, applies to a proceeding under this title except to

12-17    the extent inconsistent with this title.

12-18          (b)  A communication of a member or employee of the

12-19    commission with any person, including a party or a party's

12-20    representative, is governed by Section 2001.061, Government Code.

12-21    (V.A.C.S. Art. 1446c-0, Sec. 1.005(a).)

12-22          Sec. 11.008.  LIBERAL CONSTRUCTION.  This title shall be

12-23    construed liberally to promote the effectiveness and efficiency of

12-24    regulation of public utilities to the extent that this construction

12-25    preserves the validity of this title and its provisions.  (V.A.C.S.

12-26    Art. 1446c-0, Sec. 1.404 (part).)

12-27          Sec. 11.009.  CONSTRUCTION WITH FEDERAL AUTHORITY.  This

 13-1    title shall be construed to apply so as not to conflict with any

 13-2    authority of the United States.  (V.A.C.S. Art. 1446c-0, Sec. 1.404

 13-3    (part).)

 13-4                  CHAPTER 12.  ORGANIZATION OF COMMISSION

 13-5                     SUBCHAPTER A.  GENERAL PROVISIONS

 13-6    Sec. 12.001.  PUBLIC UTILITY COMMISSION OF TEXAS 

 13-7    Sec. 12.002.  OFFICE 

 13-8    Sec. 12.003.  SEAL 

 13-9    Sec. 12.004.  REPRESENTATION BY THE ATTORNEY GENERAL 

13-10    Sec. 12.005.  APPLICATION OF SUNSET ACT 

13-11              (Sections 12.006-12.050 reserved for expansion)

13-12            SUBCHAPTER B.  COMMISSION APPOINTMENT AND FUNCTIONS

13-13    Sec. 12.051.  APPOINTMENT; TERM 

13-14    Sec. 12.052.  PRESIDING OFFICER 

13-15    Sec. 12.053.  MEMBERSHIP QUALIFICATIONS 

13-16    Sec. 12.054.  REMOVAL OF COMMISSIONER 

13-17    Sec. 12.055.  PROHIBITION ON SEEKING ANOTHER OFFICE 

13-18    Sec. 12.056.  EFFECT OF VACANCY 

13-19    Sec. 12.057.  COMPENSATION 

13-20    Sec. 12.058.  MEETINGS 

13-21    Sec. 12.059.  TRAINING PROGRAM FOR COMMISSIONERS 

13-22              (Sections 12.060-12.100 reserved for expansion)

13-23                    SUBCHAPTER C.  COMMISSION PERSONNEL

13-24    Sec. 12.101.  COMMISSION EMPLOYEES 

13-25    Sec. 12.102.  DUTIES OF EMPLOYEES 

13-26    Sec. 12.103.  DUTIES OF EXECUTIVE DIRECTOR 

13-27    Sec. 12.104.  DUTIES OF GENERAL COUNSEL 

 14-1    Sec. 12.105.  CAREER LADDER PROGRAM; PERFORMANCE

 14-2                    EVALUATIONS; MERIT PAY 

 14-3    Sec. 12.106.  EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT 

 14-4              (Sections 12.107-12.150 reserved for expansion)

 14-5          SUBCHAPTER D.  PROHIBITED RELATIONSHIPS AND ACTIVITIES

 14-6    Sec. 12.151.  REGISTERED LOBBYIST 

 14-7    Sec. 12.152.  CONFLICT OF INTEREST 

 14-8    Sec. 12.153.  RELATIONSHIP WITH TRADE ASSOCIATION 

 14-9    Sec. 12.154.  PROHIBITED ACTIVITIES 

14-10    Sec. 12.155.  PROHIBITION ON EMPLOYMENT OR REPRESENTATION 

14-11    Sec. 12.156.  QUALIFICATIONS AND STANDARDS OF

14-12                    CONDUCT INFORMATION 

14-13              (Sections 12.157-12.200 reserved for expansion)

14-14          SUBCHAPTER E.  PUBLIC INTEREST INFORMATION AND REPORTS

14-15    Sec. 12.201.  PUBLIC INTEREST INFORMATION 

14-16    Sec. 12.202.  PUBLIC PARTICIPATION 

14-17    Sec. 12.203.  ANNUAL REPORT 

14-18              (Sections 12.204-12.250 reserved for expansion)

14-19           SUBCHAPTER F.  HISTORICALLY UNDERUTILIZED BUSINESSES

14-20    Sec. 12.251.  DEFINITION 

14-21    Sec. 12.252.  COMMISSION AUTHORITY 

14-22    Sec. 12.253.  REPORT REQUIRED 

14-23    Sec. 12.254.  DISCRIMINATION PROHIBITED 

14-24    Sec. 12.255.  CAUSE OF ACTION NOT CREATED 

14-25                  CHAPTER 12.  ORGANIZATION OF COMMISSION

14-26                     SUBCHAPTER A.  GENERAL PROVISIONS

14-27          Sec. 12.001.  PUBLIC UTILITY COMMISSION OF TEXAS.  The Public

 15-1    Utility Commission of Texas exercises the jurisdiction and powers

 15-2    conferred by this title. (V.A.C.S. Art. 1446c-0, Sec. 1.021(a)

 15-3    (part).)

 15-4          Sec. 12.002.  OFFICE.  (a)  The principal office of the

 15-5    commission is in Austin.

 15-6          (b)  The office shall be open daily during usual business

 15-7    hours.  The office is not required to be open on Saturday, Sunday,

 15-8    or a legal holiday. (V.A.C.S. Art. 1446c-0, Sec. 1.031(a) (part).)

 15-9          Sec. 12.003.  SEAL.  (a)  The commission has a seal bearing

15-10    the inscription:  "Public Utility Commission of Texas."

15-11          (b)  The seal shall be affixed to each record and to an

15-12    authentication of a copy of a record.  The commission may require

15-13    the seal to be affixed to other instruments.

15-14          (c)  A court of this state shall take judicial notice of the

15-15    seal. (V.A.C.S. Art. 1446c-0, Sec. 1.032.)

15-16          Sec. 12.004.  REPRESENTATION BY THE ATTORNEY GENERAL.  The

15-17    attorney general shall represent the commission in a matter before

15-18    a state court, a court of the United States, or a federal public

15-19    utility regulatory commission.  (V.A.C.S. Art. 1446c-0, Secs.

15-20    1.037, 1.301 (part).)

15-21          Sec. 12.005.  APPLICATION OF SUNSET ACT.  The Public Utility

15-22    Commission of Texas is subject to Chapter 325, Government Code

15-23    (Texas Sunset Act).  Unless continued in existence as provided by

15-24    that chapter, the commission is abolished and this title expires

15-25    September 1, 2001.  (V.A.C.S. Art. 1446c-0, Sec. 1.022 (part).)

15-26              (Sections 12.006-12.050 reserved for expansion)

15-27            SUBCHAPTER B.  COMMISSION APPOINTMENT AND FUNCTIONS

 16-1          Sec. 12.051.  APPOINTMENT; TERM.  (a)  The commission is

 16-2    composed of three commissioners appointed by the governor with the

 16-3    advice and consent of the senate.

 16-4          (b)  An appointment to the commission shall be made without

 16-5    regard to the race, color, disability, sex, religion, age, or

 16-6    national origin of the appointee.

 16-7          (c)  Commissioners serve staggered, six-year terms.

 16-8    (V.A.C.S. Art. 1446c-0, Secs. 1.021(a) (part), (d).)

 16-9          Sec. 12.052.  PRESIDING OFFICER.  (a)  The governor shall

16-10    designate a commissioner as the presiding officer.

16-11          (b)  The presiding officer serves in that capacity at the

16-12    pleasure of the governor. (V.A.C.S. Art. 1446c-0, Sec. 1.021(c).)

16-13          Sec. 12.053.  MEMBERSHIP QUALIFICATIONS.  (a)  To be eligible

16-14    for appointment, a commissioner must be:

16-15                (1)  a qualified voter;

16-16                (2)  a citizen of the United States; and

16-17                (3)  a representative of the general public.

16-18          (b)  A person is not eligible for appointment as a

16-19    commissioner if the person:

16-20                (1)  at any time during the two years preceding

16-21    appointment:

16-22                      (A)  personally served as an officer, director,

16-23    owner, employee, partner, or legal representative of a public

16-24    utility, affiliate, or direct competitor of a public utility; or

16-25                      (B)  owned or controlled, directly or indirectly,

16-26    stocks or bonds of any class with a value of $10,000 or more in a

16-27    public utility, affiliate, or direct competitor of a public

 17-1    utility; or

 17-2                (2)  is not qualified to serve under Section 12.151,

 17-3    12.152, or 12.153.   (V.A.C.S. Art. 1446c-0, Secs. 1.023(a) (part),

 17-4    (c).)

 17-5          Sec. 12.054.  REMOVAL OF COMMISSIONER.  (a)  It is a ground

 17-6    for removal from the commission if a commissioner:

 17-7                (1)  does not have at the time of appointment or

 17-8    maintain during service on the commission the qualifications

 17-9    required by Section 12.053;

17-10                (2)  violates a prohibition provided by Section 12.053

17-11    or by Subchapter D;

17-12                (3)  cannot discharge the commissioner's duties for a

17-13    substantial part of the term for which the commissioner is

17-14    appointed because of illness or disability; or

17-15                (4)  is absent from more than half of the regularly

17-16    scheduled commission meetings that the commissioner is eligible to

17-17    attend during a calendar year unless the absence is excused by

17-18    majority vote of the commission.

17-19          (b)  The validity of an action of the commission is not

17-20    affected by the fact that the action is taken when a ground for

17-21    removal of a commissioner exists.

17-22          (c)  If the executive director has knowledge that a potential

17-23    ground for removal exists, the executive director shall notify the

17-24    presiding officer of the commission of the potential ground.  The

17-25    presiding officer shall then notify the governor and the attorney

17-26    general that a potential ground for removal exists.  If the

17-27    potential ground for removal involves the presiding officer, the

 18-1    executive director shall notify the next highest officer of the

 18-2    commission, who shall notify the governor and the attorney general

 18-3    that a potential ground for removal exists.  (V.A.C.S.

 18-4    Art. 1446c-0, Secs. 1.026(a), (b), (c).)

 18-5          Sec. 12.055.  PROHIBITION ON SEEKING ANOTHER OFFICE.  A

 18-6    person may not seek nomination or election to another civil office

 18-7    of this state or of the United States while serving as a

 18-8    commissioner.  If a commissioner files for nomination or election

 18-9    to another civil office of this state or of the United States, the

18-10    person's office as commissioner immediately becomes vacant, and the

18-11    governor shall appoint a successor. (V.A.C.S. Art. 1446c-0, Sec.

18-12    1.024(f).)

18-13          Sec. 12.056.  EFFECT OF VACANCY.  A vacancy or

18-14    disqualification does not prevent the remaining commissioner or

18-15    commissioners from exercising the powers of the commission.

18-16    (V.A.C.S. Art. 1446c-0, Sec. 1.033 (part).)

18-17          Sec. 12.057.  COMPENSATION.  The annual salary of the

18-18    commissioners is determined by the legislature.  (V.A.C.S.

18-19    Art. 1446c-0, Sec. 1.030.)

18-20          Sec. 12.058.  MEETINGS.  The commission shall hold meetings

18-21    at its office and at other convenient places in this state as

18-22    expedient and necessary for the proper performance of the

18-23    commission's duties.  (V.A.C.S. Art. 1446c-0, Sec. 1.031(a)

18-24    (part).)

18-25          Sec. 12.059.  TRAINING PROGRAM FOR COMMISSIONERS.  (a)

18-26    Before a commissioner may assume the commissioner's duties and

18-27    before the commissioner may be confirmed by the senate, the

 19-1    commissioner must complete at least one course of the training

 19-2    program established under this section.

 19-3          (b)  A training program established under this section shall

 19-4    provide information to the commissioner regarding:

 19-5                (1)  the enabling legislation that created the

 19-6    commission and its policymaking body to which the commissioner is

 19-7    appointed to serve;

 19-8                (2)  the programs operated by the commission;

 19-9                (3)  the role and functions of the commission;

19-10                (4)  the rules of the commission with an emphasis on

19-11    the rules that relate to disciplinary and investigatory authority;

19-12                (5)  the current budget for the commission;

19-13                (6)  the results of the most recent formal audit of the

19-14    commission;

19-15                (7)  the requirements of Chapters 551, 552, and 2001,

19-16    Government Code;

19-17                (8)  the requirements of the conflict of interest laws

19-18    and other laws relating to public officials; and

19-19                (9)  any applicable ethics policies adopted by the

19-20    commission or the Texas Ethics Commission.  (V.A.C.S. Art. 1446c-0,

19-21    Secs. 1.026(d), (e).)

19-22              (Sections 12.060-12.100 reserved for expansion)

19-23                    SUBCHAPTER C.  COMMISSION PERSONNEL

19-24          Sec. 12.101.  COMMISSION EMPLOYEES.  The commission shall

19-25    employ:

19-26                (1)  an executive director;

19-27                (2)  a general counsel; and

 20-1                (3)  officers and other employees the commission

 20-2    considers necessary to administer this title.  (V.A.C.S.

 20-3    Art. 1446c-0, Sec. 1.028(a) (part).)

 20-4          Sec. 12.102.  DUTIES OF EMPLOYEES.  The commission shall

 20-5    develop and implement policies that clearly define the respective

 20-6    responsibilities of the commission and commission employees.

 20-7    (V.A.C.S. Art. 1446c-0, Sec. 1.028(a) (part).)

 20-8          Sec. 12.103.  DUTIES OF EXECUTIVE DIRECTOR.  The executive

 20-9    director is responsible for the daily operations of the commission

20-10    and shall coordinate the activities of commission employees.

20-11    (V.A.C.S. Art. 1446c-0, Sec. 1.028(b).)

20-12          Sec. 12.104.  DUTIES OF GENERAL COUNSEL.  The duties of the

20-13    general counsel include:

20-14                (1)  gathering information relating to each matter

20-15    within the authority of the commission;

20-16                (2)  accumulating evidence and other information for

20-17    the purposes specified by this section from:

20-18                      (A)  public utilities;

20-19                      (B)  the accounting, technical, and other

20-20    commission staff; and

20-21                      (C)  other sources;

20-22                (3)  preparing and presenting the evidence described by

20-23    Subdivision (2) in a proceeding before the commission or the

20-24    commission's appointed examiner;

20-25                (4)  conducting an investigation of a public utility

20-26    under the jurisdiction of the commission;

20-27                (5)  preparing proposed changes in the rules of the

 21-1    commission;

 21-2                (6)  preparing recommendations that the commission

 21-3    investigate a matter within its authority;

 21-4                (7)  preparing recommendations and a report by

 21-5    commission employees for inclusion in the annual report of the

 21-6    commission;

 21-7                (8)  protecting and representing the public interest

 21-8    and, as necessary to effect the objectives and purposes stated in

 21-9    this title and protect the public interest, coordinating and

21-10    directing the preparation and presentation of evidence from

21-11    commission employees in each case before the commission; and

21-12                (9)  performing any other activity reasonably necessary

21-13    to the general counsel's duties.  (V.A.C.S. Art. 1446c-0, Secs.

21-14    1.028(c), (d).)

21-15          Sec. 12.105.  CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS;

21-16    MERIT PAY.   (a)  The executive director or the executive

21-17    director's designee shall develop an intra-agency career ladder

21-18    program that addresses opportunities for mobility and advancement

21-19    for commission employees.   The program shall require intra-agency

21-20    posting of each position concurrently with any public posting.

21-21          (b)  The executive director or the executive director's

21-22    designee shall develop a system of annual performance evaluations

21-23    that are based on documented employee performance.  Merit pay for

21-24    commission employees must be based on the system established under

21-25    this subsection.  (V.A.C.S. Art. 1446c-0, Sec. 1.029(a).)

21-26          Sec. 12.106.  EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT.

21-27    (a)  The executive director or the executive director's designee

 22-1    shall prepare and maintain a written policy statement to ensure

 22-2    implementation of a program of equal employment opportunity under

 22-3    which all personnel transactions are made without regard to race,

 22-4    color, disability, sex, religion, age, or national origin.

 22-5          (b)  The policy statement under Subsection (a) must include:

 22-6                (1)  personnel policies, including policies related to

 22-7    recruitment, evaluation, selection, appointment, training, and

 22-8    promotion of personnel, that are in compliance with the

 22-9    requirements of Chapter 21, Labor Code;

22-10                (2)  a comprehensive analysis of the commission

22-11    workforce that meets federal and state guidelines;

22-12                (3)  procedures by which a determination can be made

22-13    about the extent of underuse in the commission workforce of all

22-14    persons for whom federal or state guidelines encourage a more

22-15    equitable balance; and

22-16                (4)  reasonable methods to appropriately address the

22-17    underuse.

22-18          (c)  A policy statement prepared under Subsection (b) must:

22-19                (1)  cover an annual period;

22-20                (2)  be updated at least annually;

22-21                (3)  be reviewed by the Commission on Human Rights for

22-22    compliance with Subsection (b)(1); and

22-23                (4)  be filed with the governor's office.

22-24          (d)  The governor's office shall deliver a biennial report to

22-25    the legislature based on the information received under Subsection

22-26    (c).  The report may be made separately or as a part of other

22-27    biennial reports to the legislature.  (V.A.C.S. Art. 1446c-0, Secs.

 23-1    1.029(b), (c), (d).)

 23-2              (Sections 12.107-12.150 reserved for expansion)

 23-3          SUBCHAPTER D.  PROHIBITED RELATIONSHIPS AND ACTIVITIES

 23-4          Sec. 12.151.  REGISTERED LOBBYIST.  A person required to

 23-5    register as a lobbyist under Chapter 305, Government Code, because

 23-6    of the person's activities for compensation on behalf of a

 23-7    profession related to the operation of the commission may not serve

 23-8    as a commissioner or act as general counsel to the commission.

 23-9    (V.A.C.S. Art. 1446c-0, Sec. 1.023(d) (part).)

23-10          Sec. 12.152.  CONFLICT OF INTEREST.  (a)  A person is not

23-11    eligible for appointment as a commissioner or for employment as the

23-12    general counsel or executive director of the commission if:

23-13                (1)  the person serves on the board of directors of a

23-14    company that supplies fuel, utility-related services, or

23-15    utility-related products to regulated or unregulated electric or

23-16    telecommunications utilities; or

23-17                (2)  the person or the person's spouse:

23-18                      (A)  is employed by or participates in the

23-19    management of a business entity or other organization that is

23-20    regulated by or receives funds from the commission;

23-21                      (B)  directly or indirectly owns or controls more

23-22    than a 10 percent interest or a pecuniary interest with a value

23-23    exceeding $10,000 in:

23-24                            (i)  a business entity or other

23-25    organization that is regulated by or receives funds from the

23-26    commission; or

23-27                            (ii)  a utility competitor, utility

 24-1    supplier, or other entity affected by a commission decision in a

 24-2    manner other than by the setting of rates for that class of

 24-3    customer;

 24-4                      (C)  uses or receives a substantial amount of

 24-5    tangible goods, services, or funds from the commission, other than

 24-6    compensation or reimbursement authorized by law for commission

 24-7    membership, attendance, or expenses; or

 24-8                      (D)  notwithstanding Paragraph (B), has an

 24-9    interest in a mutual fund or retirement fund in which more than 10

24-10    percent of the fund's holdings at the time of appointment is in a

24-11    single utility, utility competitor, or utility supplier in this

24-12    state and the person does not disclose this information to the

24-13    governor, senate, commission, or other entity, as appropriate.

24-14          (b)  A person otherwise ineligible because of Subsection

24-15    (a)(2)(B) may be appointed to the commission and serve as a

24-16    commissioner or may be employed as the general counsel or executive

24-17    director if the person:

24-18                (1)  notifies the attorney general and commission that

24-19    the person is ineligible because of Subsection (a)(2)(B); and

24-20                (2)  divests the person or the person's spouse of the

24-21    ownership or control:

24-22                      (A)  before beginning service or employment; or

24-23                      (B)  if the person is already serving or

24-24    employed, within a reasonable time.   (V.A.C.S. Art. 1446c-0, Secs.

24-25    1.023(e), (f).)

24-26          Sec. 12.153.  RELATIONSHIP WITH TRADE ASSOCIATION.  A person

24-27    may not serve as a commissioner or be a commission employee who is

 25-1    exempt from the state's position classification plan or is

 25-2    compensated at or above the amount prescribed by the General

 25-3    Appropriations Act for step 1, salary group 17, of the position

 25-4    classification salary schedule if the person is:

 25-5                (1)  an officer, employee, or paid consultant of a

 25-6    trade association; or

 25-7                (2)  the spouse of an officer, manager, or paid

 25-8    consultant of a trade association.  (V.A.C.S. Art. 1446c-0, Secs.

 25-9    1.023(g), (h).)

25-10          Sec. 12.154.  PROHIBITED ACTIVITIES.  (a)  During the period

25-11    of service with the commission, a commissioner or commission

25-12    employee may not:

25-13                (1)  have a pecuniary interest, including an interest

25-14    as an officer, director, partner, owner, employee, attorney, or

25-15    consultant, in:

25-16                      (A)  a public utility or affiliate; or

25-17                      (B)  a person a significant portion of whose

25-18    business consists of furnishing goods or services to public

25-19    utilities or affiliates;

25-20                (2)  directly or indirectly own or control securities

25-21    in a public utility, affiliate, or direct competitor of a public

25-22    utility; or

25-23                (3)  accept a gift, gratuity, or entertainment from:

25-24                      (A)  a public utility, affiliate, or direct

25-25    competitor of a public utility;

25-26                      (B)  a person a significant portion of whose

25-27    business consists of furnishing goods or services to public

 26-1    utilities, affiliates, or direct competitors of public utilities;

 26-2    or

 26-3                      (C)  an agent, representative, attorney,

 26-4    employee, officer, owner, director, or partner of a person

 26-5    described by Paragraph (A) or (B).

 26-6          (b)  A commissioner or a commission employee may not directly

 26-7    or indirectly solicit, request from, or suggest or recommend to a

 26-8    public utility or an agent, representative, attorney, employee,

 26-9    officer, owner, director, or partner of a public utility the

26-10    appointment to a position or the employment of a person by the

26-11    public utility or affiliate.

26-12          (c)  A person may not give or offer to give a gift, gratuity,

26-13    employment, or entertainment to a commissioner or commission

26-14    employee if that person is:

26-15                (1)  a public utility, affiliate, or direct competitor

26-16    of a public utility;

26-17                (2)  a person who furnishes goods or services to a

26-18    public utility, affiliate, or direct competitor of a public

26-19    utility; or

26-20                (3)  an agent, representative, attorney, employee,

26-21    officer, owner, director, or partner of a person described by

26-22    Subdivision (1) or (2).

26-23          (d)  A public utility, affiliate, or direct competitor of a

26-24    public utility or a person furnishing goods or services to a public

26-25    utility, affiliate, or direct competitor of a public utility may

26-26    not aid, abet, or participate with a commissioner, commission

26-27    employee, or former commission employee in conduct that violates

 27-1    Subsection (a)(3) or (c).

 27-2          (e)  Subsection (a)(1) does not apply to an interest in a

 27-3    nonprofit group or association, other than a trade association,

 27-4    that is solely supported by gratuitous contributions of money,

 27-5    property, or services.

 27-6          (f)  It is not a violation of this section if a commissioner

 27-7    or commission employee, on becoming the owner of stocks, bonds, or

 27-8    another pecuniary interest in a public utility, affiliate, or

 27-9    direct competitor of a public utility otherwise than voluntarily,

27-10    informs the commission and the attorney general of the ownership

27-11    and divests the ownership or interest within a reasonable time.

27-12          (g)  It is not a violation of this section if a pecuniary

27-13    interest is held indirectly by ownership of an interest in a

27-14    retirement system, institution, or fund that in the normal course

27-15    of business invests in diverse securities independently of the

27-16    control of the commissioner or commission employee.

27-17          (h)  This section does not apply to a contract for a public

27-18    utility product or service or equipment for use of a public utility

27-19    product when a commissioner or commission employee is acting as a

27-20    consumer.

27-21          (i)  In this section, a "pecuniary interest" includes income,

27-22    compensation, and payment of any kind, in addition to an ownership

27-23    interest.  (V.A.C.S. Art. 1446c-0, Secs. 1.024(a) (part), (b), (c),

27-24    (d), (e).)

27-25          Sec. 12.155.  PROHIBITION ON EMPLOYMENT OR REPRESENTATION.

27-26    (a)  A commissioner, a commission employee, or an employee of the

27-27    State Office of Administrative Hearings involved in hearing utility

 28-1    cases may not:

 28-2                (1)  be employed by a public utility that was in the

 28-3    scope of the commissioner's or employee's official responsibility

 28-4    while the commissioner or employee was associated with the

 28-5    commission or the State Office of Administrative Hearings; or

 28-6                (2)  represent a person before the commission or State

 28-7    Office of Administrative Hearings or a court in a matter:

 28-8                      (A)  in which the commissioner or employee was

 28-9    personally involved while associated with the commission or State

28-10    Office of Administrative Hearings; or

28-11                      (B)  that was within the commissioner's or

28-12    employee's official responsibility while the commissioner or

28-13    employee was associated with the commission or State Office of

28-14    Administrative Hearings.

28-15          (b)  The prohibition of Subsection (a)(1) applies until the:

28-16                (1)  second anniversary of the date the commissioner

28-17    ceases to serve as a commissioner; and

28-18                (2)  first anniversary of the date the employee's

28-19    employment with the commission or State Office of Administrative

28-20    Hearings ceases.

28-21          (c)  The prohibition of Subsection (a)(2) applies while a

28-22    commissioner, commission employee, or employee of the State Office

28-23    of Administrative Hearings involved in hearing utility cases is

28-24    associated with the commission or State Office of Administrative

28-25    Hearings and at any time after.  (V.A.C.S. Art. 1446c-0, Secs.

28-26    1.025(a), (b).)

28-27          Sec. 12.156.  QUALIFICATIONS AND STANDARDS OF CONDUCT

 29-1    INFORMATION.  The executive director or the executive director's

 29-2    designee shall provide to commissioners and commission employees as

 29-3    often as necessary information regarding their:

 29-4                (1)  qualifications for office or employment under this

 29-5    title; and

 29-6                (2)  responsibilities under applicable laws relating to

 29-7    standards of conduct for state officers and employees.  (V.A.C.S.

 29-8    Art. 1446c-0, Sec. 1.025(c).)

 29-9              (Sections 12.157-12.200 reserved for expansion)

29-10          SUBCHAPTER E.  PUBLIC INTEREST INFORMATION AND REPORTS

29-11          Sec. 12.201.  PUBLIC INTEREST INFORMATION.  (a)  The

29-12    commission shall prepare information of public interest describing

29-13    the functions of the commission and the commission's procedures by

29-14    which a complaint is filed with and resolved by the commission.

29-15    The commission shall make the information available to the public

29-16    and appropriate state agencies.

29-17          (b)  The commission by rule shall establish methods by which

29-18    consumers and service recipients are notified of the name, mailing

29-19    address, and telephone number of the commission for the purpose of

29-20    directing complaints to the commission.  (V.A.C.S. Art. 1446c-0,

29-21    Secs. 1.036(a), (b).)

29-22          Sec. 12.202.  PUBLIC PARTICIPATION.  (a)  The commission

29-23    shall develop and implement policies that provide the public with a

29-24    reasonable opportunity to appear before the commission and to speak

29-25    on any issue under the jurisdiction of the commission.

29-26          (b)  The commission shall comply with federal and state laws

29-27    related to program and facility accessibility.

 30-1          (c)  The commission shall prepare and maintain a written plan

 30-2    that describes how a person who does not speak English may be

 30-3    provided reasonable access to the commission's programs and

 30-4    services.    (V.A.C.S. Art. 1446c-0, Secs. 1.031(b), 1.036(c).)

 30-5          Sec. 12.203.  ANNUAL REPORT.  (a)  The commission shall

 30-6    prepare annually a complete and detailed written report accounting

 30-7    for all funds received and disbursed by the commission during the

 30-8    preceding fiscal year.  The annual report must meet the reporting

 30-9    requirements applicable to financial reporting in the General

30-10    Appropriations Act.

30-11          (b)  In the annual report issued in the year preceding the

30-12    convening of each regular session of the legislature, the

30-13    commission shall make suggestions regarding modification and

30-14    improvement of the commission's statutory authority and for the

30-15    improvement of utility regulation in general that the commission

30-16    considers appropriate for protecting and furthering the interest of

30-17    the public.  (V.A.C.S. Art. 1446c-0, Sec. 1.035.)

30-18              (Sections 12.204-12.250 reserved for expansion)

30-19           SUBCHAPTER F.  HISTORICALLY UNDERUTILIZED BUSINESSES

30-20          Sec. 12.251.  DEFINITION.  In this subchapter, "historically

30-21    underutilized business" has the meaning assigned by Section

30-22    481.101, Government Code.  (V.A.C.S. Art. 1446c-0, Sec. 1.407(c).)

30-23          Sec. 12.252.  COMMISSION AUTHORITY.  The commission, after

30-24    notice and hearing, may require each utility subject to regulation

30-25    under this title to make an effort to overcome the underuse of

30-26    historically underutilized businesses.   (V.A.C.S. Art. 1446c-0,

30-27    Sec. 1.407(a).)

 31-1          Sec. 12.253.  REPORT REQUIRED.  The commission shall require

 31-2    each utility subject to regulation under this title to prepare and

 31-3    submit to the commission a comprehensive annual report detailing

 31-4    its use of historically underutilized businesses.  (V.A.C.S.

 31-5    Art. 1446c-0, Sec. 1.407(b).)

 31-6          Sec. 12.254.  DISCRIMINATION PROHIBITED.  The rules adopted

 31-7    under this subchapter may not be used to discriminate against a

 31-8    citizen on the basis of sex, race, color, creed, or national

 31-9    origin.  (V.A.C.S. Art. 1446c-0, Sec. 1.407(d).)

31-10          Sec. 12.255.  CAUSE OF ACTION NOT CREATED.  This subchapter

31-11    does not create a public or private cause of action.  (V.A.C.S.

31-12    Art. 1446c-0, Sec. 1.407(e).)

31-13               CHAPTER 13.  OFFICE OF PUBLIC UTILITY COUNSEL

31-14           SUBCHAPTER A.  GENERAL PROVISIONS; POWERS AND DUTIES

31-15    Sec. 13.001.  OFFICE OF PUBLIC UTILITY COUNSEL 

31-16    Sec. 13.002.  APPLICATION OF SUNSET ACT 

31-17    Sec. 13.003.  OFFICE POWERS AND DUTIES 

31-18              (Sections 13.004-13.020 reserved for expansion)

31-19                   SUBCHAPTER B.  PUBLIC UTILITY COUNSEL

31-20    Sec. 13.021.  APPOINTMENT; TERM 

31-21    Sec. 13.022.  QUALIFICATIONS 

31-22    Sec. 13.023.  GROUNDS FOR REMOVAL 

31-23    Sec. 13.024.  PROHIBITED ACTS 

31-24              (Sections 13.025-13.040 reserved for expansion)

31-25                      SUBCHAPTER C.  OFFICE PERSONNEL

31-26    Sec. 13.041.  PERSONNEL 

31-27    Sec. 13.042.  RELATIONSHIP WITH TRADE ASSOCIATION 

 32-1    Sec. 13.043.  PROHIBITION ON EMPLOYMENT OR REPRESENTATION 

 32-2    Sec. 13.044.  CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS;

 32-3                    MERIT PAY 

 32-4    Sec. 13.045.  EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT 

 32-5    Sec. 13.046.  QUALIFICATIONS AND STANDARDS OF CONDUCT

 32-6                    INFORMATION 

 32-7              (Sections 13.047-13.060 reserved for expansion)

 32-8          SUBCHAPTER D.  PUBLIC INTEREST INFORMATION AND REPORTS

 32-9    Sec. 13.061.  PUBLIC INTEREST INFORMATION 

32-10    Sec. 13.062.  PUBLIC PARTICIPATION 

32-11    Sec. 13.063.  ANNUAL REPORT 

32-12               CHAPTER 13.  OFFICE OF PUBLIC UTILITY COUNSEL

32-13           SUBCHAPTER A.  GENERAL PROVISIONS; POWERS AND DUTIES

32-14          Sec. 13.001.  OFFICE OF PUBLIC UTILITY COUNSEL.  The

32-15    independent office of public utility counsel represents the

32-16    interests of residential and small commercial consumers.  (V.A.C.S.

32-17    Art. 1446c-0, Sec.  1.051(a).)

32-18          Sec. 13.002.  APPLICATION OF SUNSET ACT.  The Office of

32-19    Public Utility Counsel is subject to Chapter 325, Government Code

32-20    (Texas Sunset Act).  Unless continued in existence as provided by

32-21    that chapter, the office is abolished and this chapter expires

32-22    September 1, 2001.  (V.A.C.S.  Art. 1446c-0, Sec. 1.022 (part).)

32-23          Sec. 13.003.  OFFICE POWERS AND DUTIES.  (a)  The office:

32-24                (1)  shall assess the effect of utility rate changes

32-25    and other regulatory actions on residential consumers in this

32-26    state;

32-27                (2)  shall advocate in the office's own name a position

 33-1    determined by the counsellor to be most advantageous to a

 33-2    substantial number of residential consumers;

 33-3                (3)  may appear or intervene, as a party or otherwise,

 33-4    as a matter of right on behalf of:

 33-5                      (A)  residential consumers, as a class, in any

 33-6    proceeding before the commission; and

 33-7                      (B)  small commercial consumers, as a class, in

 33-8    any proceeding in which the counsellor determines that small

 33-9    commercial consumers are in need of representation;

33-10                (4)  may initiate or intervene as a matter of right or

33-11    otherwise appear in a judicial proceeding that involves an action

33-12    taken by an administrative agency in a proceeding in which the

33-13    counsellor is authorized to appear;

33-14                (5)  is entitled to the same access as a party, other

33-15    than commission staff, to records gathered by the commission under

33-16    Section 14.204;

33-17                (6)  is entitled to discovery of any nonprivileged

33-18    matter that is relevant to the subject matter of a proceeding or

33-19    petition before the commission;

33-20                (7)  may represent an individual residential or small

33-21    commercial consumer with respect to the consumer's disputed

33-22    complaint concerning utility services that is unresolved before the

33-23    commission; and

33-24                (8)  may recommend legislation to the legislature that

33-25    the office determines would positively affect the interests of

33-26    residential and small commercial consumers.

33-27          (b)  This section does not limit the authority of the

 34-1    commission to represent residential or small commercial consumers.

 34-2          (c)  The appearance of the counsellor in a proceeding does

 34-3    not preclude the appearance of other parties on behalf of

 34-4    residential or small commercial consumers.  The counsellor may not

 34-5    be grouped with any other party.  (V.A.C.S. Art. 1446c-0, Sec.

 34-6    1.054.)

 34-7              (Sections 13.004-13.020 reserved for expansion)

 34-8                   SUBCHAPTER B.  PUBLIC UTILITY COUNSEL

 34-9          Sec. 13.021.  APPOINTMENT; TERM.  (a)  The chief executive of

34-10    the office is the counsellor.

34-11          (b)  The counsellor is appointed by the governor with the

34-12    advice and consent of the senate.

34-13          (c)  The appointment of the counsellor shall be made without

34-14    regard to the race, color, disability, sex, religion, age, or

34-15    national origin of the appointee.

34-16          (d)  The counsellor serves a two-year term that expires on

34-17    February 1 of the final year of the term.  (V.A.C.S. Art. 1446c-0,

34-18    Sec. 1.051(b).)

34-19          Sec. 13.022.  QUALIFICATIONS.  (a)  The counsellor must:

34-20                (1)  be licensed to practice law in this state;

34-21                (2)  have demonstrated a strong commitment to and

34-22    involvement in efforts to safeguard the rights of the public; and

34-23                (3)  possess the knowledge and experience necessary to

34-24    practice effectively in utility proceedings.

34-25          (b)  A person is not eligible for appointment as counsellor

34-26    if:

34-27                (1)  the person or the person's spouse:

 35-1                      (A)  is employed by or participates in the

 35-2    management of a business entity or other organization that is

 35-3    regulated by or receives funds from the commission;

 35-4                      (B)  directly or indirectly owns or controls more

 35-5    than a 10 percent interest or a pecuniary interest with a value

 35-6    exceeding $10,000 in:

 35-7                            (i)  a business entity or other

 35-8    organization that is regulated by or receives funds from the

 35-9    commission or the office; or

35-10                            (ii)  a utility competitor, utility

35-11    supplier, or other entity affected by a commission decision in a

35-12    manner other than by the setting of rates for that class of

35-13    customer;

35-14                      (C)  uses or receives a substantial amount of

35-15    tangible goods, services, or funds from the commission or the

35-16    office, other than compensation or reimbursement authorized by law

35-17    for service as counsellor or for commission membership, attendance,

35-18    or expenses; or

35-19                      (D)  notwithstanding Paragraph (B), has an

35-20    interest in a mutual fund or retirement fund in which more than 10

35-21    percent of the fund's holdings is in a single utility, utility

35-22    competitor, or utility supplier in this state and the person does

35-23    not disclose this information to the governor, senate, or other

35-24    entity, as appropriate; or

35-25                (2)  the person is not qualified to serve under Section

35-26    13.042.

35-27          (c)  A person required to register as a lobbyist under

 36-1    Chapter 305, Government Code, because of the person's activities

 36-2    for compensation on behalf of a profession related to the operation

 36-3    of the commission or the office may not serve as counsellor.

 36-4          (d)  A person otherwise ineligible because of Subsection

 36-5    (b)(1)(B) may be appointed and serve as counsellor if the person:

 36-6                (1)  notifies the attorney general and commission that

 36-7    the person is ineligible because of Subsection (b)(1)(B); and

 36-8                (2)  divests the person or the person's spouse of the

 36-9    ownership or control:

36-10                      (A)  before beginning service; or

36-11                      (B)  if the person is already serving, within a

36-12    reasonable time.  (V.A.C.S. Art. 1446c-0, Secs. 1.023(d) (part),

36-13    1.051(c), (d), (e), (g).)

36-14          Sec. 13.023.  GROUNDS FOR REMOVAL.  (a)  It is a ground for

36-15    removal from office if the counsellor:

36-16                (1)  does not have at the time of appointment or

36-17    maintain during service as counsellor the qualifications required

36-18    by Section 13.022;

36-19                (2)  violates a prohibition provided by Section 13.022,

36-20    13.042, or 13.043; or

36-21                (3)  cannot discharge the counsellor's duties for a

36-22    substantial part of the term for which the counsellor is appointed

36-23    because of illness or disability.

36-24          (b)  The validity of an action of the office is not affected

36-25    by the fact that the action is taken when a ground for removal of

36-26    the counsellor exists.  (V.A.C.S. Art. 1446c-0, Sec. 1.0511.)

36-27          Sec. 13.024.  PROHIBITED ACTS.  (a)  The counsellor may not:

 37-1                (1)  have a direct or indirect interest in a utility

 37-2    company regulated under this title; or

 37-3                (2)  provide legal services directly or indirectly to

 37-4    or be employed in any capacity by a utility company regulated under

 37-5    this title, its parent, or its subsidiary companies, corporations,

 37-6    or cooperatives or a utility competitor, utility supplier, or other

 37-7    entity affected in a manner other than by the setting of rates for

 37-8    that class of customer.

 37-9          (b)  The prohibition under Subsection (a) applies during the

37-10    period of the counsellor's service and until the second anniversary

37-11    of the date the counsellor ceases to serve as counsellor.

37-12          (c)  This section does not prohibit a person from otherwise

37-13    engaging in the private practice of law after the person ceases to

37-14    serve as counsellor.  (V.A.C.S.  Art. 1446c-0, Sec. 1.052.)

37-15              (Sections 13.025-13.040 reserved for expansion)

37-16                      SUBCHAPTER C.  OFFICE PERSONNEL

37-17          Sec. 13.041.  PERSONNEL.  (a)  The counsellor may employ

37-18    lawyers, economists, engineers, consultants, statisticians,

37-19    accountants, clerical staff, and other employees as the counsellor

37-20    considers necessary to carry out this chapter.

37-21          (b)  An employee receives compensation as prescribed by the

37-22    legislature from the assessment imposed by Subchapter A, Chapter

37-23    16.  (V.A.C.S. Art. 1446c-0, Sec. 1.053(a).)

37-24          Sec. 13.042.  RELATIONSHIP WITH TRADE ASSOCIATION.  A person

37-25    may not serve as counsellor or be an employee of the office who is

37-26    exempt from the state's position classification plan or is

37-27    compensated at or above the amount prescribed by the General

 38-1    Appropriations Act for step 1, salary group 17, of the position

 38-2    classification salary schedule if the person is:

 38-3                (1)  an officer, employee, or paid consultant of a

 38-4    trade association; or

 38-5                (2)  the spouse of an officer, manager, or paid

 38-6    consultant of a trade association.  (V.A.C.S. Art. 1446c-0, Sec.

 38-7    1.051(f).)

 38-8          Sec. 13.043.  PROHIBITION ON EMPLOYMENT OR REPRESENTATION.

 38-9    (a)  The counsellor or an employee of the office may not:

38-10                (1)  be employed by a public utility that was in the

38-11    scope of the counsellor's or employee's official responsibility

38-12    while the counsellor or employee was associated with the office; or

38-13                (2)  represent a person before the commission or a

38-14    court in a matter:

38-15                      (A)  in which the counsellor or employee was

38-16    personally involved while associated with the office; or

38-17                      (B)  that was within the counsellor's or

38-18    employee's official responsibility while the counsellor or employee

38-19    was associated with the office.

38-20          (b)  The prohibition of Subsection (a)(1) applies until the:

38-21                (1)  second anniversary of the date the counsellor

38-22    ceases to serve as a counsellor; and

38-23                (2)  first anniversary of the date the employee's

38-24    employment with the office ceases.

38-25          (c)  The prohibition of Subsection (a)(2) applies while a

38-26    counsellor or employee of the office is associated with the office

38-27    and at any time after.  (V.A.C.S. Art. 1446c-0, Sec. 1.0512.)

 39-1          Sec. 13.044.  CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS;

 39-2    MERIT PAY.  (a)  The counsellor or the counsellor's designee shall

 39-3    develop an intra-agency career ladder program that addresses

 39-4    opportunities for mobility and advancement for office employees.

 39-5    The program shall require intra-agency postings of each position

 39-6    concurrently with any public posting.

 39-7          (b)  The counsellor or the counsellor's designee shall

 39-8    develop a system of annual performance evaluations that are based

 39-9    on documented employee performance.  Merit pay for office employees

39-10    must be based on the system established under this subsection.

39-11    (V.A.C.S. Art. 1446c-0, Sec. 1.053(b).)

39-12          Sec. 13.045.  EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT.

39-13    (a)  The counsellor or the counsellor's designee shall prepare and

39-14    maintain a written policy statement to ensure implementation of a

39-15    program of equal employment opportunity under which all personnel

39-16    transactions are made without regard to race, color, disability,

39-17    sex, religion, age, or national origin.

39-18          (b)  The policy statement under Subsection (a) must include:

39-19                (1)  personnel policies, including policies related to

39-20    recruitment, evaluation, selection, appointment, training, and

39-21    promotion of personnel, that are in compliance with the

39-22    requirements of Chapter 21, Labor Code;

39-23                (2)  a comprehensive analysis of the office workforce

39-24    that meets federal and state guidelines;

39-25                (3)  procedures by which a determination can be made

39-26    about the extent of underuse in the office workforce of all persons

39-27    for whom federal or state guidelines encourage a more equitable

 40-1    balance; and

 40-2                (4)  reasonable methods to appropriately address the

 40-3    underuse.

 40-4          (c)  A policy statement prepared under Subsection (b) must:

 40-5                (1)  cover an annual period;

 40-6                (2)  be updated at least annually;

 40-7                (3)  be reviewed by the Commission on Human Rights for

 40-8    compliance with Subsection (b)(1); and

 40-9                (4)  be filed with the governor's office.

40-10          (d)  The governor's office shall deliver a biennial report to

40-11    the legislature based on the information received under Subsection

40-12    (c).  The report may be made separately or as a part of other

40-13    biennial reports to the legislature.  (V.A.C.S. Art. 1446c-0, Secs.

40-14    1.053(c), (d).)

40-15          Sec. 13.046.  QUALIFICATIONS AND STANDARDS OF CONDUCT

40-16    INFORMATION.  The office shall provide to office employees as often

40-17    as necessary information regarding their:

40-18                (1)  qualifications for employment under this title;

40-19    and

40-20                (2)  responsibilities under applicable laws relating to

40-21    standards of conduct for employees.  (V.A.C.S. Art. 1446c-0, Sec.

40-22    1.053(e).)

40-23              (Sections 13.047-13.060 reserved for expansion)

40-24          SUBCHAPTER D.  PUBLIC INTEREST INFORMATION AND REPORTS

40-25          Sec. 13.061.  PUBLIC INTEREST INFORMATION.  The office shall

40-26    prepare information of public interest describing the functions of

40-27    the office.  The office shall make the information available to the

 41-1    public and appropriate state agencies.  (V.A.C.S. Art. 1446c-0,

 41-2    Sec.  1.0513(b).)

 41-3          Sec. 13.062.  PUBLIC PARTICIPATION.  (a)  The office shall

 41-4    comply with federal and state laws related to program and facility

 41-5    accessibility.

 41-6          (b)  The office shall prepare and maintain a written plan

 41-7    that describes how a person who does not speak English may be

 41-8    provided reasonable access to the office's programs and services.

 41-9    (V.A.C.S. Art. 1446c-0, Sec. 1.0513(c).)

41-10          Sec. 13.063.  ANNUAL REPORT.  The office shall prepare

41-11    annually a complete and detailed written report accounting for all

41-12    funds received and disbursed by the office during the preceding

41-13    fiscal year.  The annual report must meet the reporting

41-14    requirements applicable to financial reporting in the General

41-15    Appropriations Act.  (V.A.C.S. Art. 1446c-0, Sec. 1.0513(a).)

41-16          CHAPTER 14.  JURISDICTION AND POWERS OF COMMISSION AND

41-17                       OTHER REGULATORY AUTHORITIES

41-18                SUBCHAPTER A.  GENERAL POWERS OF COMMISSION

41-19    Sec. 14.001.  POWER TO REGULATE AND SUPERVISE 

41-20    Sec. 14.002.  RULES 

41-21    Sec. 14.003.  COMMISSION POWERS RELATING TO REPORTS 

41-22    Sec. 14.004.  REPORT OF SUBSTANTIAL INTEREST 

41-23    Sec. 14.005.  CRITERIA AND GUIDELINES GOVERNING TERMINATION

41-24                    OF SERVICES TO ELDERLY AND DISABLED 

41-25    Sec. 14.006.  INTERFERENCE WITH TERMS OR CONDITIONS OF

41-26                    EMPLOYMENT; PRESUMPTION OF REASONABLENESS 

41-27    Sec. 14.007.  ASSISTANCE TO MUNICIPALITY 

 42-1    Sec. 14.008.  MUNICIPAL FRANCHISES 

 42-2              (Sections 14.009-14.050 reserved for expansion)

 42-3                   SUBCHAPTER B.  PRACTICE AND PROCEDURE

 42-4    Sec. 14.051.  PROCEDURAL POWERS 

 42-5    Sec. 14.052.  RULES 

 42-6    Sec. 14.053.  POWERS AND DUTIES OF STATE OFFICE OF

 42-7                    ADMINISTRATIVE HEARINGS 

 42-8    Sec. 14.054.  SETTLEMENTS 

 42-9    Sec. 14.055.  RECORD OF PROCEEDINGS 

42-10    Sec. 14.056.  RIGHT TO BE HEARD 

42-11    Sec. 14.057.  ORDERS OF COMMISSION; TRANSCRIPTS AND EXHIBITS;

42-12                    PUBLIC RECORDS 

42-13              (Sections 14.058-14.100 reserved for expansion)

42-14            SUBCHAPTER C.  RESTRICTIONS ON CERTAIN TRANSACTIONS

42-15    Sec. 14.101.  REPORT OF CERTAIN TRANSACTIONS; COMMISSION

42-16                    CONSIDERATION 

42-17    Sec. 14.102.  REPORT OF PURCHASE OF VOTING STOCK IN PUBLIC

42-18                    UTILITY 

42-19    Sec. 14.103.  REPORT OF LOAN TO STOCKHOLDERS 

42-20              (Sections 14.104-14.150 reserved for expansion)

42-21                          SUBCHAPTER D.  RECORDS

42-22    Sec. 14.151.  RECORDS OF PUBLIC UTILITY 

42-23    Sec. 14.152.  MAINTENANCE OF OFFICE AND RECORDS IN THIS STATE 

42-24    Sec. 14.153.  COMMUNICATIONS WITH REGULATORY AUTHORITY 

42-25    Sec. 14.154.  JURISDICTION OVER AFFILIATE 

42-26              (Sections 14.155-14.200 reserved for expansion)

42-27                   SUBCHAPTER E.  AUDITS AND INSPECTIONS

 43-1    Sec. 14.201.  INQUIRY INTO MANAGEMENT AND AFFAIRS 

 43-2    Sec. 14.202.  MANAGEMENT AUDITS BY COMMISSION 

 43-3    Sec. 14.203.  AUDIT OF ACCOUNTS 

 43-4    Sec. 14.204.  INSPECTION 

 43-5    Sec. 14.205.  EXAMINATIONS UNDER OATH 

 43-6    Sec. 14.206.  ENTERING PREMISES OF PUBLIC UTILITY 

 43-7    Sec. 14.207.  PRODUCTION OF OUT-OF-STATE RECORDS 

 43-8          CHAPTER 14.  JURISDICTION AND POWERS OF COMMISSION AND

 43-9                       OTHER REGULATORY AUTHORITIES

43-10                SUBCHAPTER A.  GENERAL POWERS OF COMMISSION

43-11          Sec. 14.001.  POWER TO REGULATE AND SUPERVISE.  The

43-12    commission has the general power to regulate and supervise the

43-13    business of each public utility within its jurisdiction and to do

43-14    anything specifically designated or implied by this title that is

43-15    necessary and convenient to the exercise of that power and

43-16    jurisdiction.  (V.A.C.S. Art. 1446c-0, Sec. 1.101(a).)

43-17          Sec. 14.002.  RULES.  The commission shall adopt and enforce

43-18    rules reasonably required in the exercise of its powers and

43-19    jurisdiction.  (V.A.C.S. Art. 1446c-0, Sec. 1.101(b) (part).)

43-20          Sec. 14.003.  COMMISSION POWERS RELATING TO REPORTS.  The

43-21    commission may:

43-22                (1)  require a public utility to report to the

43-23    commission information relating to:

43-24                      (A)  the utility; and

43-25                      (B)  a transaction between the utility and an

43-26    affiliate inside or outside this state, to the extent that the

43-27    transaction is subject to the commission's jurisdiction;

 44-1                (2)  establish the form for a report;

 44-2                (3)  determine the time for a report and the frequency

 44-3    with which the report is to be made;

 44-4                (4)  require that a report be made under oath;

 44-5                (5)  require the filing with the commission of a copy

 44-6    of:

 44-7                      (A)  a contract or arrangement between a public

 44-8    utility and an affiliate;

 44-9                      (B)  a report filed with a federal agency or a

44-10    governmental agency or body of another state; and

44-11                      (C)  an annual report that shows each payment of

44-12    compensation, other than salary or wages subject to federal income

44-13    tax withholding:

44-14                            (i)  to residents of this state;

44-15                            (ii)  with respect to legal,

44-16    administrative, or legislative matters in this state; or

44-17                            (iii)  for representation before the

44-18    legislature of this state or any governmental agency or body; and

44-19                (6)  require that a contract or arrangement described

44-20    by Subdivision (5)(A) that is not in writing be reduced to writing

44-21    and filed with the commission.  (V.A.C.S. Art. 1446c-0, Sec.

44-22    1.202(a).)

44-23          Sec. 14.004.  REPORT OF SUBSTANTIAL INTEREST.  The commission

44-24    may require disclosure of the identity and respective interests of

44-25    each owner of at least one percent of the voting securities of a

44-26    public utility or its affiliate.  (V.A.C.S. Art. 1446c-0, Sec.

44-27    1.272.)

 45-1          Sec. 14.005.  CRITERIA AND GUIDELINES GOVERNING TERMINATION

 45-2    OF SERVICES TO ELDERLY AND DISABLED.  The commission may establish

 45-3    criteria and guidelines with the utility industry relating to

 45-4    industry procedures used in terminating services to the elderly and

 45-5    disabled.  (V.A.C.S. Art. 1446c-0, Sec. 1.405.)

 45-6          Sec. 14.006.  INTERFERENCE WITH TERMS OR CONDITIONS OF

 45-7    EMPLOYMENT; PRESUMPTION OF REASONABLENESS.  The commission may not

 45-8    interfere with employee wages and benefits, working conditions, or

 45-9    other terms or conditions of employment that are the product of a

45-10    collective bargaining agreement recognized under federal law.  An

45-11    employee wage rate or benefit that is the product of the collective

45-12    bargaining is presumed to be reasonable.  (V.A.C.S. Art. 1446c-0,

45-13    Sec. 1.206.)

45-14          Sec. 14.007.  ASSISTANCE TO MUNICIPALITY.  On request by the

45-15    governing body of a municipality, the commission may provide

45-16    commission employees as necessary to advise and consult with the

45-17    municipality on a pending matter.  (V.A.C.S. Art. 1446c-0, Sec.

45-18    1.202(b).)

45-19          Sec. 14.008.  MUNICIPAL FRANCHISES.  (a)  This title does not

45-20    restrict the rights and powers of a municipality to grant or refuse

45-21    a franchise to use the streets and alleys in the municipality or to

45-22    make a statutory charge for that use.

45-23          (b)  A franchise agreement may not limit or interfere with a

45-24    power conferred on the commission by this title.  (V.A.C.S.

45-25    Art. 1446c-0, Sec. 1.103.)

45-26              (Sections 14.009-14.050 reserved for expansion)

 46-1                   SUBCHAPTER B.  PRACTICE AND PROCEDURE

 46-2          Sec. 14.051.  PROCEDURAL POWERS.  The commission may:

 46-3                (1)  call and hold a hearing;

 46-4                (2)  administer an oath;

 46-5                (3)  receive evidence at a hearing;

 46-6                (4)  issue a subpoena to compel the attendance of a

 46-7    witness or the production of a document; and

 46-8                (5)  make findings of fact and decisions to administer

 46-9    this title or a rule, order, or other action of the commission.

46-10    (V.A.C.S. Art. 1446c-0, Sec. 1.101(d).)

46-11          Sec. 14.052.  RULES.  (a)  The commission shall adopt and

46-12    enforce rules governing practice and procedure before the

46-13    commission and, as applicable, practice and procedure before the

46-14    utility division of the State Office of Administrative Hearings.

46-15          (b)  The commission shall adopt rules that authorize an

46-16    administrative law judge to:

46-17                (1)  limit the amount of time that a party may have to

46-18    present its case;

46-19                (2)  limit the number of requests for information that

46-20    a party may make in a contested case;

46-21                (3)  require a party to a contested case to identify

46-22    contested issues and facts before the hearing begins;

46-23                (4)  limit cross-examination to only those issues and

46-24    facts identified before the hearing and to any new issues that may

46-25    arise as a result of the discovery process; and

46-26                (5)  group parties, other than the office, that have

46-27    the same position on an issue to facilitate cross-examination on

 47-1    that issue.

 47-2          (c)  A rule adopted under Subsection (b)(5) must permit each

 47-3    party in a group to present that party's witnesses for

 47-4    cross-examination during the hearing.

 47-5          (d)  A rule adopted under this section must ensure that each

 47-6    party receives due process.  (V.A.C.S. Art. 1446c-0, Secs. 1.101(b)

 47-7    (part), (c).)

 47-8          Sec. 14.053.  POWERS AND DUTIES OF STATE OFFICE OF

 47-9    ADMINISTRATIVE HEARINGS.  (a)  The utility division of the State

47-10    Office of Administrative Hearings shall conduct each hearing in a

47-11    contested case that is not conducted by one or more commissioners.

47-12          (b)  The commission may delegate to the utility division of

47-13    the State Office of Administrative Hearings the authority to make a

47-14    final decision and to issue findings of fact, conclusions of law,

47-15    and other necessary orders in a proceeding in which there is not a

47-16    contested issue of fact or law.

47-17          (c)  The commission by rule shall define the procedures by

47-18    which it delegates final decision-making authority under Subsection

47-19    (b).

47-20          (d)  For review purposes an administrative law judge's final

47-21    decision under Subsection (b) has the same effect as a final

47-22    decision of the commission unless a commissioner requests formal

47-23    review of the decision.  (V.A.C.S. Art. 1446c-0, Sec. 1.101(e).)

47-24          Sec. 14.054.  SETTLEMENTS.  (a)  The commission by rule shall

47-25    adopt procedures governing the use of settlements to resolve

47-26    contested cases.

47-27          (b)  Rules adopted under this section must ensure that:

 48-1                (1)  each party retains the right to:

 48-2                      (A)  a full hearing before the commission on

 48-3    issues that remain in dispute; and

 48-4                      (B)  judicial review of issues that remain in

 48-5    dispute;

 48-6                (2)  an issue of fact raised by a nonsettling party may

 48-7    not be waived by a settlement or stipulation of the other parties;

 48-8    and

 48-9                (3)  a nonsettling party may use an issue of fact

48-10    raised by that party as the basis for judicial review.  (V.A.C.S.

48-11    Art. 1446c-0, Sec. 1.104.)

48-12          Sec. 14.055.  RECORD OF PROCEEDINGS. The regulatory authority

48-13    shall keep a record of each proceeding before the authority.

48-14    (V.A.C.S. Art. 1446c-0, Sec. 1.402 (part).)

48-15          Sec. 14.056.  RIGHT TO BE HEARD. Each party to a proceeding

48-16    before a regulatory authority is entitled to be heard by attorney

48-17    or in person.  (V.A.C.S. Art. 1446c-0, Sec. 1.402 (part).)

48-18          Sec. 14.057.  ORDERS OF COMMISSION; TRANSCRIPTS AND EXHIBITS;

48-19    PUBLIC RECORDS.  (a)  A commission order must be in writing and

48-20    contain detailed findings of the facts on which it is passed.

48-21          (b)  The commission shall retain a copy of the transcript and

48-22    the exhibits in any matter in which the commission issues an order.

48-23          (c)  Subject to Chapter 552, Government Code, each file

48-24    pertaining to a matter that was at any time pending before the

48-25    commission or to a record, report, or inspection required by

48-26    Section 14.003, 14.151, 14.152, 14.153, 14.201, or 14.203-14.207 or

48-27    by Subtitle B or C is public information.  (V.A.C.S. Art. 1446c-0,

 49-1    Sec. 1.034.)

 49-2              (Sections 14.058-14.100 reserved for expansion)

 49-3            SUBCHAPTER C.  RESTRICTIONS ON CERTAIN TRANSACTIONS

 49-4          Sec. 14.101.  REPORT OF CERTAIN TRANSACTIONS; COMMISSION

 49-5    CONSIDERATION.  (a)  Unless a public utility reports the

 49-6    transaction to the commission within a reasonable time,  the public

 49-7    utility may not:

 49-8                (1)  sell, acquire, or lease a plant as an operating

 49-9    unit or system in this state for a total consideration of more than

49-10    $100,000; or

49-11                (2)  merge or consolidate with another public utility

49-12    operating in this state.

49-13          (b)  A public utility shall report to the commission within a

49-14    reasonable time each transaction that involves the sale of at least

49-15    50 percent of the stock of the utility.  On the filing of a report

49-16    with the commission, the commission shall investigate the

49-17    transaction, with or without a public hearing, to determine whether

49-18    the action is consistent with the public interest.  In reaching its

49-19    determination, the commission shall consider:

49-20                (1)  the reasonable value of the property, facilities,

49-21    or securities to be acquired, disposed of, merged, transferred, or

49-22    consolidated;

49-23                (2)  whether the transaction will:

49-24                      (A)  adversely affect the health or safety of

49-25    customers or employees;

49-26                      (B)  result in the transfer of jobs of citizens

49-27    of this state to workers domiciled outside this state; or

 50-1                      (C)  result in the decline of service;

 50-2                (3)  whether the public utility will receive

 50-3    consideration equal to the reasonable value of the assets when it

 50-4    sells, leases, or transfers assets; and

 50-5                (4)  whether the transaction is consistent with the

 50-6    public interest.

 50-7          (c)  If the commission finds that a transaction is not in the

 50-8    public interest, the commission shall take the effect of the

 50-9    transaction into consideration in ratemaking proceedings and

50-10    disallow the effect of the transaction if the transaction will

50-11    unreasonably affect rates or service.

50-12          (d)  This section does not apply to:

50-13                (1)  the purchase of a unit of property for

50-14    replacement; or

50-15                (2)  an addition to the facilities of a public utility

50-16    by construction.  (V.A.C.S. Art. 1446c-0, Sec. 1.251.)

50-17          Sec. 14.102.  REPORT OF PURCHASE OF VOTING STOCK IN PUBLIC

50-18    UTILITY.  A public utility may not purchase voting stock in another

50-19    public utility doing business in this state unless the utility

50-20    reports the purchase to the commission.  (V.A.C.S. Art. 1446c-0,

50-21    Sec. 1.252.)

50-22          Sec. 14.103.  REPORT OF LOAN TO STOCKHOLDERS.  A public

50-23    utility may not loan money, stocks, bonds, notes, or other evidence

50-24    of indebtedness to a person who directly or indirectly owns or

50-25    holds any stock of the public utility unless the public utility

50-26    reports the transaction to the commission within a reasonable time.

50-27    (V.A.C.S. Art. 1446c-0, Sec. 1.253.)

 51-1              (Sections 14.104-14.150 reserved for expansion)

 51-2                          SUBCHAPTER D.  RECORDS

 51-3          Sec. 14.151.  RECORDS OF PUBLIC UTILITY.  (a)  Each public

 51-4    utility shall keep and provide to the regulatory authority, in the

 51-5    manner and form prescribed by the commission, uniform accounts of

 51-6    all business transacted by the utility.

 51-7          (b)  The commission may prescribe the form of books,

 51-8    accounts, records, and memoranda to be kept by a public utility,

 51-9    including:

51-10                (1)  the books, accounts, records, and memoranda of:

51-11                      (A)  the provision of and capacity for service;

51-12    and

51-13                      (B)  the receipt and expenditure of money; and

51-14                (2)  any other form, record, and memorandum that the

51-15    commission considers necessary to carry out this title.

51-16          (c)  For a public utility subject to regulation by a federal

51-17    regulatory agency, compliance with the system of accounts

51-18    prescribed for the particular class of utilities by the federal

51-19    agency may be considered sufficient compliance with the system

51-20    prescribed by the commission. The commission may prescribe the form

51-21    of books, accounts, records, and memoranda covering information in

51-22    addition to that required by the federal agency.  The system of

51-23    accounts and the form of books, accounts, records, and memoranda

51-24    prescribed by the commission for a public utility or class of

51-25    utilities may not be inconsistent with the systems and forms

51-26    established by a federal agency for that public utility or class of

51-27    utilities.

 52-1          (d)  Each public utility shall:

 52-2                (1)  keep and provide its books, accounts, records, and

 52-3    memoranda accurately in the manner and form prescribed by the

 52-4    commission; and

 52-5                (2)  comply with the directions of the regulatory

 52-6    authority relating to the books, accounts, records, and memoranda.

 52-7          (e)  In this section, "public utility" includes a municipally

 52-8    owned utility.  (V.A.C.S. Art. 1446c-0, Secs. 1.201(a), (b), (c),

 52-9    (d) (part), (e).)

52-10          Sec. 14.152.  MAINTENANCE OF OFFICE AND RECORDS IN THIS

52-11    STATE.  (a)  Each public utility shall maintain an office in this

52-12    state in a county in which some part of the utility's property is

52-13    located.  The utility shall keep in this office all books,

52-14    accounts, records, and memoranda required by the commission to be

52-15    kept in this state.

52-16          (b)  A book, account, record, or memorandum required by the

52-17    regulatory authority to be kept in this state may not be removed

52-18    from this state, except as:

52-19                (1)  provided by Section 52.255; and

52-20                (2)  prescribed by the commission.  (V.A.C.S.

52-21    Art. 1446c-0, Sec. 1.204.)

52-22          Sec. 14.153.  COMMUNICATIONS WITH REGULATORY AUTHORITY.  (a)

52-23    The regulatory authority shall adopt rules governing communications

52-24    with the regulatory authority or a member or employee of the

52-25    regulatory authority by:

52-26                (1)  a public utility;

52-27                (2)  an affiliate; or

 53-1                (3)  a representative of a public utility or affiliate.

 53-2          (b)  A record of a communication must contain:

 53-3                (1)  the name of the person contacting the regulatory

 53-4    authority or member or employee of the regulatory authority;

 53-5                (2)  the name of the business entity represented;

 53-6                (3)  a brief description of the subject matter of the

 53-7    communication; and

 53-8                (4)  the action, if any, requested by the public

 53-9    utility, affiliate, or representative.

53-10          (c)  Records compiled under Subsection (b) shall be available

53-11    to the public monthly.  (V.A.C.S. Art. 1446c-0, Sec. 1.205.)

53-12          Sec. 14.154.  JURISDICTION OVER AFFILIATE.  (a)  The

53-13    commission has jurisdiction over an affiliate that has a

53-14    transaction with a public utility under the commission's

53-15    jurisdiction to the extent of access to a record of the affiliate

53-16    relating to the transaction, including a record of joint or general

53-17    expenses, any portion of which may be applicable to the

53-18    transaction.

53-19          (b)  A record obtained by the commission relating to sale of

53-20    electrical energy at wholesale by an affiliate to the public

53-21    utility is confidential and is not subject to disclosure under

53-22    Chapter 552, Government Code.  (V.A.C.S. Art. 1446c-0, Sec. 1.271.)

53-23              (Sections 14.155-14.200 reserved for expansion)

53-24                   SUBCHAPTER E.  AUDITS AND INSPECTIONS

53-25          Sec. 14.201.  INQUIRY INTO MANAGEMENT AND AFFAIRS.  A

53-26    regulatory authority may inquire into the management and affairs of

53-27    each public utility and shall keep itself informed as to the manner

 54-1    and method in which each public utility is managed and its affairs

 54-2    are conducted.  (V.A.C.S. Art. 1446c-0, Sec. 1.203(c).)

 54-3          Sec. 14.202.  MANAGEMENT AUDITS BY COMMISSION.  (a)  The

 54-4    commission shall:

 54-5                (1)  inquire into the management of the business of

 54-6    each public utility under its jurisdiction;

 54-7                (2)  keep itself informed as to the manner and method

 54-8    in which the utility's business is managed; and

 54-9                (3)  obtain from the public utility any information

54-10    necessary to enable the commission to perform a management audit.

54-11          (b)  The commission may audit a utility under its

54-12    jurisdiction as frequently as needed.  Six months after an audit,

54-13    the utility shall report to the commission on the status of the

54-14    implementation of the recommendations of the audit and shall file

54-15    subsequent reports at times the commission considers appropriate.

54-16    (V.A.C.S. Art. 1446c-0, Sec.  1.102.)

54-17          Sec. 14.203.  AUDIT OF ACCOUNTS.  A regulatory authority may

54-18    require the examination and audit of the accounts of a public or

54-19    municipally owned utility.  (V.A.C.S. Art. 1446c-0, Secs. 1.201(d)

54-20    (part), (e).)

54-21          Sec. 14.204.  INSPECTION.  (a)  A regulatory authority and,

54-22    to the extent authorized by the regulatory authority, its counsel,

54-23    agent, or employee, may:

54-24                (1)  inspect and obtain copies of the papers, books,

54-25    accounts, documents, and other business records of a public utility

54-26    within its jurisdiction; and

54-27                (2)  inspect the plant, equipment, and other property

 55-1    of a public utility within its jurisdiction.

 55-2          (b)  An action under this section must be conducted at a

 55-3    reasonable time for a reasonable purpose.  (V.A.C.S. Art. 1446c-0,

 55-4    Sec. 1.203(a) (part).)

 55-5          Sec. 14.205.  EXAMINATIONS UNDER OATH.  In connection with an

 55-6    action taken under Section 14.204, the regulatory authority may:

 55-7                (1)  examine under oath an officer, agent, or employee

 55-8    of a public utility; or

 55-9                (2)  authorize the person conducting the action to make

55-10    the examination under oath.  (V.A.C.S. Art. 1446c-0, Sec. 1.203(a)

55-11    (part).)

55-12          Sec. 14.206.  ENTERING PREMISES OF PUBLIC UTILITY.  (a)  A

55-13    member, agent, or employee of a regulatory authority may enter the

55-14    premises occupied by a public utility to conduct an inspection,

55-15    examination, or test or to exercise any other authority provided by

55-16    this title.

55-17          (b)  A member, agent, or employee of the regulatory authority

55-18    may act under this section only during reasonable hours and after

55-19    reasonable notice to the public utility.

55-20          (c)  A public utility is entitled to be represented when an

55-21    inspection, examination, or test is conducted on its premises.  The

55-22    utility is entitled to a reasonable time to secure a representative

55-23    before the inspection, examination, or test begins.  (V.A.C.S.

55-24    Art. 1446c-0, Secs. 1.203(b), 2.156(a) (part).)

55-25          Sec. 14.207.  PRODUCTION OF OUT-OF-STATE RECORDS.  (a)  A

55-26    regulatory authority may require, by order or subpoena served on a

55-27    public utility, the production, at the time and place in this state

 56-1    that the regulatory authority designates, of any books, accounts,

 56-2    papers, or records kept by that public utility outside this state

 56-3    or, if ordered by the commission, verified copies of the books,

 56-4    accounts, papers, or records.

 56-5          (b)  A public utility that fails or refuses to comply with an

 56-6    order or subpoena under this section violates this title.

 56-7    (V.A.C.S. Art. 1446c-0, Sec.  1.203(a) (part).)

 56-8         CHAPTER 15.  JUDICIAL REVIEW, ENFORCEMENT, AND PENALTIES

 56-9                      SUBCHAPTER A.  JUDICIAL REVIEW

56-10    Sec. 15.001.  RIGHT TO JUDICIAL REVIEW 

56-11    Sec. 15.002.  COMMISSION AS DEFENDANT 

56-12    Sec. 15.003.  COSTS AND ATTORNEY'S FEES 

56-13    Sec. 15.004.  JUDICIAL STAY OR SUSPENSION 

56-14              (Sections 15.005-15.020 reserved for expansion)

56-15                 SUBCHAPTER B.  ENFORCEMENT AND PENALTIES

56-16    Sec. 15.021.  ACTION TO ENJOIN OR REQUIRE COMPLIANCE 

56-17    Sec. 15.022.  CONTEMPT 

56-18    Sec. 15.023.  ADMINISTRATIVE PENALTY 

56-19    Sec. 15.024.  ADMINISTRATIVE PENALTY ASSESSMENT PROCEDURE 

56-20    Sec. 15.025.  PAYMENT OF ADMINISTRATIVE PENALTY 

56-21    Sec. 15.026.  JUDICIAL REVIEW OF ADMINISTRATIVE PENALTY 

56-22    Sec. 15.027.  ADMINISTRATIVE PENALTY COLLECTION; GENERAL

56-23                    PROVISIONS 

56-24    Sec. 15.028.  CIVIL PENALTY AGAINST PUBLIC UTILITY, PAY

56-25                    TELEPHONE SERVICE PROVIDER, OR AFFILIATE 

56-26    Sec. 15.029.  CIVIL PENALTY FOR VIOLATING SECTION 12.055

56-27                    OR 12.154 

 57-1    Sec. 15.030.  OFFENSE 

 57-2    Sec. 15.031.  PLACE FOR SUIT 

 57-3    Sec. 15.032.  PENALTIES CUMULATIVE 

 57-4    Sec. 15.033.  DISPOSITION OF FINES AND PENALTIES 

 57-5              (Sections 15.034-15.050 reserved for expansion)

 57-6                         SUBCHAPTER C.  COMPLAINTS

 57-7    Sec. 15.051.  COMPLAINT BY AFFECTED PERSON 

 57-8    Sec. 15.052.  COMPLAINT REGARDING RECREATIONAL VEHICLE

 57-9                    PARK OWNER 

57-10         CHAPTER 15.  JUDICIAL REVIEW, ENFORCEMENT, AND PENALTIES

57-11                      SUBCHAPTER A.  JUDICIAL REVIEW

57-12          Sec. 15.001.  RIGHT TO JUDICIAL REVIEW.  Any party to a

57-13    proceeding before the commission is entitled to judicial review

57-14    under the substantial evidence rule.  (V.A.C.S. Art. 1446c-0, Sec.

57-15    1.301 (part).)

57-16          Sec. 15.002.  COMMISSION AS DEFENDANT.  The commission must

57-17    be a defendant in a proceeding for judicial review.  (V.A.C.S.

57-18    Art. 1446c-0, Sec. 1.301 (part).)

57-19          Sec. 15.003.  COSTS AND ATTORNEY'S FEES.  (a)  A party

57-20    represented by counsel who alleges that existing rates are

57-21    excessive or that rates prescribed by the commission are excessive

57-22    and who prevails in a proceeding for review of a commission order

57-23    or decision is entitled in the same action to recover against the

57-24    regulation fund reasonable fees for attorneys and expert witnesses

57-25    and other costs for the party's efforts before the commission and

57-26    the court.

57-27          (b)  The court shall set the amount of attorney's fees

 58-1    awarded under Subsection (a).

 58-2          (c)  If a court finds that an action under Section 15.001 or

 58-3    this section was groundless and brought in bad faith and for the

 58-4    purpose of harassment, the court may award reasonable attorney's

 58-5    fees to the defendant public utility.  (V.A.C.S. Art. 1446c-0, Sec.

 58-6    1.302.)

 58-7          Sec. 15.004.  JUDICIAL STAY OR SUSPENSION.  While an appeal

 58-8    of an order, ruling, or decision of a regulatory authority is

 58-9    pending, the district court, court of appeals, or supreme court, as

58-10    appropriate, may stay or suspend all or part of the operation of

58-11    the order, ruling, or decision.  In granting or refusing a stay or

58-12    suspension, the court shall act in accordance with the practice of

58-13    a court exercising equity jurisdiction.  (V.A.C.S. Art. 1446c-0,

58-14    Sec. 1.403.)

58-15              (Sections 15.005-15.020 reserved for expansion)

58-16                 SUBCHAPTER B.  ENFORCEMENT AND PENALTIES

58-17          Sec. 15.021.  ACTION TO ENJOIN OR REQUIRE COMPLIANCE.  (a)

58-18    The attorney general, on the request of the commission, shall apply

58-19    in the name of the commission for a court order under Subsection

58-20    (b) if the commission determines that a public utility or other

58-21    person is:

58-22                (1)  engaging in or about to engage in an act that

58-23    violates this title or an order or rule of the commission entered

58-24    or adopted under this title; or

58-25                (2)  failing to comply with the requirements of this

58-26    title or a rule or order of the commission.

58-27          (b)  A court, in an action under this section, may:

 59-1                (1)  prohibit the commencement or continuation of an

 59-2    act that violates this title or an order or rule of the commission

 59-3    entered or adopted under this title; or

 59-4                (2)  require compliance with a provision of this title

 59-5    or an order or rule of the commission.

 59-6          (c)  The remedy under this section is in addition to any

 59-7    other remedy provided under this title.  (V.A.C.S. Art. 1446c-0,

 59-8    Sec. 1.321.)

 59-9          Sec. 15.022.  CONTEMPT.  The commission may file a court

59-10    action for contempt against a person who:

59-11                (1)  fails to comply with a lawful order of the

59-12    commission;

59-13                (2)  fails to comply with a subpoena or subpoena duces

59-14    tecum; or

59-15                (3)  refuses to testify about a matter on which the

59-16    person may be lawfully interrogated.  (V.A.C.S. Art. 1446c-0, Sec.

59-17    1.326.)

59-18          Sec. 15.023.  ADMINISTRATIVE PENALTY.  (a)  The commission

59-19    may impose an administrative penalty against a person regulated

59-20    under this title who violates this title or a rule or order adopted

59-21    under this title.

59-22          (b)  The penalty for a violation may be in an amount not to

59-23    exceed $5,000.  Each day a violation continues or occurs is a

59-24    separate violation for purposes of imposing a penalty.

59-25          (c)  The amount of an administrative penalty shall be based

59-26    on:

59-27                (1)  the seriousness of the violation, including:

 60-1                      (A)  the nature, circumstances, extent, and

 60-2    gravity of a prohibited act; and

 60-3                      (B)  the hazard or potential hazard created to

 60-4    the health, safety, or economic welfare of the public;

 60-5                (2)  the economic harm to property or the environment

 60-6    caused by the violation;

 60-7                (3)  the history of previous violations;

 60-8                (4)  the amount necessary to deter future violations;

 60-9                (5)  efforts to correct the violation; and

60-10                (6)  any other matter that justice may require.

60-11    (V.A.C.S. Art. 1446c-0, Secs. 1.3215(a), (b), (c).)

60-12          Sec. 15.024.  ADMINISTRATIVE PENALTY ASSESSMENT PROCEDURE.

60-13    (a)  If the executive director determines that a violation has

60-14    occurred, the executive director may issue to the commission a

60-15    report that states the facts on which the determination is based

60-16    and the executive director's recommendation on the imposition of an

60-17    administrative penalty, including a recommendation on the amount of

60-18    the penalty.

60-19          (b)  Not later than the 14th day after the date the report is

60-20    issued, the executive director shall give written notice of the

60-21    report to the person against whom the penalty may be assessed.  The

60-22    notice may be given by certified mail.  The notice must:

60-23                (1)  include a brief summary of the alleged violation;

60-24                (2)  state the amount of the recommended penalty; and

60-25                (3)  inform the person that the person has a right to a

60-26    hearing on the occurrence of the violation, the amount of the

60-27    penalty, or both the occurrence of the violation and the amount of

 61-1    the penalty.

 61-2          (c)  A penalty may not be assessed under this section if the

 61-3    person against whom the penalty may be assessed remedies the

 61-4    violation before the 31st day after the date the person receives

 61-5    the notice under Subsection (b).  A person who claims to have

 61-6    remedied an alleged violation has the burden of proving to the

 61-7    commission that the alleged violation was remedied and was

 61-8    accidental or inadvertent.

 61-9          (d)  Not later than the 20th day after the date the person

61-10    receives the notice, the person may accept the determination and

61-11    recommended penalty of the executive director in writing or may

61-12    make a written request for a hearing on the occurrence of the

61-13    violation, the amount of the penalty, or both the occurrence of the

61-14    violation and the amount of the penalty.

61-15          (e)  If the person accepts the executive director's

61-16    determination and recommended penalty, the commission by order

61-17    shall approve the determination and impose the recommended penalty.

61-18          (f)  If the person requests a hearing or fails to timely

61-19    respond to the notice, the executive director shall set a hearing

61-20    and give notice of the hearing to the person.  The hearing shall be

61-21    held by an administrative law judge of the State Office of

61-22    Administrative Hearings.  The administrative law judge shall make

61-23    findings of fact and conclusions of law and promptly issue to the

61-24    commission a proposal for a decision about the occurrence of the

61-25    violation and the amount of a proposed penalty.  Based on the

61-26    findings of fact, conclusions of law, and proposal for a decision,

61-27    the commission by order may find that a violation has occurred and

 62-1    impose a penalty or may find that no violation occurred.

 62-2          (g)  The notice of the commission's order shall be given to

 62-3    the person as provided by Chapter 2001, Government Code, and must

 62-4    include a statement of the right of the person to judicial review

 62-5    of the order.  (V.A.C.S. Art. 1446c-0, Secs. 1.3215(d), (e), (f),

 62-6    (g), (h), (i).)

 62-7          Sec. 15.025.  PAYMENT OF ADMINISTRATIVE PENALTY.  (a)  Not

 62-8    later than the 30th day after the date the commission's order

 62-9    imposing an administrative penalty is final as provided by Section

62-10    2001.144, Government Code, the person shall:

62-11                (1)  pay the amount of the penalty;

62-12                (2)  pay the amount of the penalty and file a petition

62-13    for judicial review contesting:

62-14                      (A)  the occurrence of the violation;

62-15                      (B)  the amount of the penalty; or

62-16                      (C)  both the occurrence of the violation and the

62-17    amount of the penalty; or

62-18                (3)  without paying the amount of the penalty, file a

62-19    petition for judicial review contesting:

62-20                      (A)  the occurrence of the violation;

62-21                      (B)  the amount of the penalty; or

62-22                      (C)  both the occurrence of the violation and the

62-23    amount of the penalty.

62-24          (b)  Not later than the 30th day after the date the

62-25    commission's order is final as provided by Section 2001.144,

62-26    Government Code, a person who acts under Subsection (a)(3) may:

62-27                (1)  stay enforcement of the penalty by:

 63-1                      (A)  paying the amount of the penalty to the

 63-2    court for placement in an escrow account; or

 63-3                      (B)  giving to the court a supersedeas bond that

 63-4    is approved by the court for the amount of the penalty and that is

 63-5    effective until all judicial review of the commission's order is

 63-6    final; or

 63-7                (2)  request the court to stay enforcement of the

 63-8    penalty by:

 63-9                      (A)  filing with the court a sworn affidavit of

63-10    the person stating that the person is financially unable to pay the

63-11    amount of the penalty and is financially unable to give the

63-12    supersedeas bond; and

63-13                      (B)  giving a copy of the affidavit to the

63-14    executive director by certified mail.

63-15          (c)  The executive director, on receipt of a copy of an

63-16    affidavit under Subsection (b)(2), may file with the court, not

63-17    later than the fifth day after the date the copy is received, a

63-18    contest to the affidavit.  The court shall hold a hearing on the

63-19    facts alleged in the affidavit as soon as practicable and shall

63-20    stay the enforcement of the penalty on finding that the alleged

63-21    facts are true.  The person who files an affidavit has the burden

63-22    of proving that the person is financially unable to pay the amount

63-23    of the penalty and to give a supersedeas bond.

63-24          (d)  If the person does not pay the amount of the penalty and

63-25    the enforcement of the penalty is not stayed, the executive

63-26    director may refer the matter to the attorney general for

63-27    collection of the amount of the penalty.  (V.A.C.S. Art. 1446c-0,

 64-1    Secs. 1.3215(j), (k), (l), (m).)

 64-2          Sec. 15.026.  JUDICIAL REVIEW OF ADMINISTRATIVE PENALTY.  (a)

 64-3    Judicial review of a commission order imposing an administrative

 64-4    penalty is:

 64-5                (1)  instituted by filing a petition as provided by

 64-6    Subchapter G, Chapter 2001, Government Code; and

 64-7                (2)  under the substantial evidence rule.

 64-8          (b)  If the court sustains the occurrence of the violation,

 64-9    the court may uphold or reduce the amount of the penalty and order

64-10    the person to pay the full or reduced amount of the penalty.  If

64-11    the court does not sustain the occurrence of the violation, the

64-12    court shall order that no penalty is owed.

64-13          (c)  When the judgment of the court becomes final, the court

64-14    shall proceed under this subsection.  If the person paid the amount

64-15    of the penalty and that amount is reduced or is not upheld by the

64-16    court, the court shall order that the appropriate amount plus

64-17    accrued interest be remitted to the person.  The rate of the

64-18    interest is the rate charged on loans to depository institutions by

64-19    the New York Federal Reserve Bank, and the interest shall be paid

64-20    for the period beginning on the date the penalty was paid and

64-21    ending on the date the penalty is remitted.  If the person gave a

64-22    supersedeas bond and the amount of the penalty is not upheld by the

64-23    court, the court shall order the release of the bond.  If the

64-24    person gave a supersedeas bond and the amount of the penalty is

64-25    reduced, the court shall order the release of the bond after the

64-26    person pays the amount.  (V.A.C.S. Art. 1446c-0, Secs. 1.3215(n),

64-27    (o), (p).)

 65-1          Sec. 15.027.  ADMINISTRATIVE PENALTY COLLECTION; GENERAL

 65-2    PROVISIONS.  (a)  An administrative penalty collected under this

 65-3    subchapter shall be sent to the comptroller.

 65-4          (b)  A proceeding relating to an administrative penalty under

 65-5    this subchapter is subject to Chapter 2001, Government Code.

 65-6          (c)  The executive director may delegate any power or duty

 65-7    relating to an administrative penalty given the executive director

 65-8    by this subchapter to a person designated by the executive

 65-9    director.  (V.A.C.S. Art. 1446c-0, Secs. 1.3215(q), (r), (s).)

65-10          Sec. 15.028.  CIVIL PENALTY AGAINST PUBLIC UTILITY, PAY

65-11    TELEPHONE SERVICE PROVIDER, OR AFFILIATE.  (a)  A public utility,

65-12    customer-owned pay telephone service provider under Section 55.178,

65-13    or affiliate is subject to a civil penalty if the utility,

65-14    provider, or affiliate knowingly violates this title, fails to

65-15    perform a duty imposed on it, or fails or refuses to obey an order,

65-16    rule, direction, or requirement of the commission or a decree or

65-17    judgment of a court.

65-18          (b)  A civil penalty under this section shall be in an amount

65-19    of not less than $1,000 and not more than $5,000 for each

65-20    violation.

65-21          (c)  A public utility or affiliate commits a separate

65-22    violation each day it continues to violate Subsection (a).

65-23          (d)  The attorney general shall file in the name of the

65-24    commission a suit on the attorney general's own initiative or at

65-25    the request of the commission to recover the civil penalty under

65-26    this section.  (V.A.C.S. Art. 1446c-0, Sec. 1.322.)

65-27          Sec. 15.029.  CIVIL PENALTY FOR VIOLATING SECTION 12.055 OR

 66-1    12.154.  (a)  A member of the commission or an officer or director

 66-2    of a public utility or affiliate who knowingly violates Section

 66-3    12.055 or 12.154 is subject to a civil penalty of $1,000 for each

 66-4    violation.

 66-5          (b)  A person other than a person subject to Subsection (a)

 66-6    who knowingly violates Section 12.154 is subject to a civil penalty

 66-7    of $500 for each violation.

 66-8          (c)  A member, officer, or employee of the commission who in

 66-9    any action is found by a preponderance of the evidence to have

66-10    violated a provision of Section 12.055 or 12.154 shall be removed

66-11    from the person's office or employment.

66-12          (d)  A civil penalty under this section is recoverable in a

66-13    suit filed in the name of the commission by the attorney general on

66-14    the attorney general's own initiative or at the request of the

66-15    commission.  (V.A.C.S. Art. 1446c-0, Sec.  1.323.)

66-16          Sec. 15.030.  OFFENSE.  (a)  A person commits an offense if

66-17    the person wilfully and knowingly violates this title.

66-18          (b)  This section does not apply to an offense described by

66-19    Section 55.138.

66-20          (c)  An offense under this section is a felony of the third

66-21    degree.  (V.A.C.S. Art. 1446c-0, Sec. 1.325(a).)

66-22          Sec. 15.031.  PLACE FOR SUIT.  A suit for an injunction or a

66-23    penalty under this title may be brought in:

66-24                (1)  Travis County;

66-25                (2)  a county in which the violation is alleged to have

66-26    occurred; or

66-27                (3)  a county in which a defendant resides.  (V.A.C.S.

 67-1    Art. 1446c-0, Sec. 1.328.)

 67-2          Sec. 15.032.  PENALTIES CUMULATIVE.  (a)  A penalty that

 67-3    accrues under this title is cumulative of any other penalty.

 67-4          (b)  A suit for the recovery of a penalty does not bar or

 67-5    affect the recovery of any other penalty or bar a criminal

 67-6    prosecution against any person.  (V.A.C.S.  Art. 1446c-0, Sec.

 67-7    1.325(b).)

 67-8          Sec. 15.033.  DISPOSITION OF FINES AND PENALTIES.  A fine or

 67-9    penalty collected under this title, other than a fine or penalty

67-10    collected in a criminal proceeding or a penalty collected under

67-11    Section 15.027(a), shall be paid to the commission.  (V.A.C.S.

67-12    Art. 1446c-0, Sec. 1.327.)

67-13              (Sections 15.034-15.050 reserved for expansion)

67-14                         SUBCHAPTER C.  COMPLAINTS

67-15          Sec. 15.051.  COMPLAINT BY AFFECTED PERSON.  (a)  An affected

67-16    person may complain to the regulatory authority in writing setting

67-17    forth an act or omission by a public utility in violation or

67-18    claimed violation of a law that the regulatory authority has

67-19    jurisdiction to administer or of an order, ordinance, or rule of

67-20    the regulatory authority.

67-21          (b)  The commission shall keep for a reasonable period

67-22    information about each complaint filed with the commission.  The

67-23    information shall include:

67-24                (1)  the date the complaint is received;

67-25                (2)  the name of the complainant;

67-26                (3)  the subject matter of the complaint;

67-27                (4)  a record of each person contacted in relation to

 68-1    the complaint;

 68-2                (5)  a summary of the results of the review or

 68-3    investigation of the complaint; and

 68-4                (6)  if the commission took no action on the complaint,

 68-5    an explanation of the reason the complaint was closed without

 68-6    action.

 68-7          (c)  The commission shall keep a file about each written

 68-8    complaint filed with the commission that the commission has

 68-9    authority to resolve.  The commission shall provide to the person

68-10    filing the complaint and to each person or entity complained about

68-11    information concerning the commission's policies and procedures on

68-12    complaint investigation and resolution.  The commission, at least

68-13    quarterly and until final disposition of the complaint, shall

68-14    notify the person filing the complaint and each person or entity

68-15    complained about of the status of the complaint unless the notice

68-16    would jeopardize an undercover investigation.  (V.A.C.S.

68-17    Art. 1446c-0, Secs. 1.401(a), (b).)

68-18          Sec. 15.052.  COMPLAINT REGARDING RECREATIONAL VEHICLE PARK

68-19    OWNER.  (a)  An affected person may complain to the regulatory

68-20    authority in writing setting forth an act or omission by a

68-21    recreational vehicle park owner who provides metered electric

68-22    service under Subchapter C, Chapter 184, in violation or claimed

68-23    violation of a law that the regulatory authority has jurisdiction

68-24    to administer or of an order, ordinance, or rule of the regulatory

68-25    authority.

68-26          (b)  The commission shall keep for a reasonable period an

68-27    information file about each complaint filed with the commission

 69-1    relating to a recreational vehicle park owner.

 69-2          (c)  The commission, at least quarterly and until final

 69-3    disposition of the written complaint, shall notify the parties to

 69-4    the complaint of the status of the complaint unless the notice

 69-5    would jeopardize an undercover investigation.  (V.A.C.S.

 69-6    Art. 1446c-0, Sec. 1.401(c).)

 69-7                     CHAPTER 16.  COMMISSION FINANCING

 69-8               SUBCHAPTER A.  ASSESSMENT ON PUBLIC UTILITIES

 69-9    Sec. 16.001.  ASSESSMENT ON PUBLIC UTILITIES 

69-10    Sec. 16.002.  PAYMENT DATES 

69-11    Sec. 16.003.  LATE PAYMENT PENALTY 

69-12    Sec. 16.0031.  CERTAIN PAYMENTS BASED ON ESTIMATED GROSS

69-13                     RECEIPTS 

69-14    Sec. 16.004.  COLLECTION BY COMPTROLLER 

69-15              (Sections 16.005-16.020 reserved for expansion)

69-16           SUBCHAPTER B.  GRANTS AND OTHER FINANCIAL ASSISTANCE

69-17    Sec. 16.021.  GRANTS OF FEDERAL FUNDS 

69-18              (Sections 16.022-16.040 reserved for expansion)

69-19         SUBCHAPTER C.  MONEY DISPOSITION, ACCOUNTING, AND BUDGET

69-20    Sec. 16.041.  APPLICATION OF STATE FUNDS REFORM ACT 

69-21    Sec. 16.042.  ACCOUNTING RECORDS 

69-22    Sec. 16.043.  AUDIT 

69-23    Sec. 16.044.  APPROVAL OF BUDGET 

69-24                     CHAPTER 16.  COMMISSION FINANCING

69-25               SUBCHAPTER A.  ASSESSMENT ON PUBLIC UTILITIES

69-26          Sec. 16.001.  ASSESSMENT ON PUBLIC UTILITIES.  (a)  To defray

69-27    the expenses incurred in the administration of this title, an

 70-1    assessment is imposed on each public utility within the

 70-2    jurisdiction of the commission that serves the ultimate consumer,

 70-3    including each interexchange telecommunications carrier.

 70-4          (b)  An assessment under this section is equal to one-sixth

 70-5    of one percent of the public utility's gross receipts from rates

 70-6    charged to the ultimate consumer in this state.

 70-7          (c)  An interexchange telecommunications carrier that does

 70-8    not provide local exchange telephone service may collect the fee

 70-9    imposed under this section as an additional item separately stated

70-10    on the customer bill as "utility gross receipts assessment."

70-11    (V.A.C.S. Art. 1446c-0, Secs. 1.351(a), (c).)

70-12          Sec. 16.002.  PAYMENT DATES.  (a)  The assessment is due

70-13    August 15.

70-14          (b)  A public utility may instead make quarterly payments due

70-15    August 15, November 15, February 15, and May 15.  (V.A.C.S.

70-16    Art. 1446c-0, Sec. 1.352(a).)

70-17          Sec. 16.003.  LATE PAYMENT PENALTY.  (a)  An additional fee

70-18    equal to 10 percent of the amount due shall be assessed for any

70-19    late payment of an assessment required under this subchapter.

70-20          (b)  An assessment delinquent for more than 30 days accrues

70-21    interest at an annual rate of 12 percent on the amount of the

70-22    assessment and penalty due.  (V.A.C.S. Art. 1446c-0, Sec.

70-23    1.352(b).)

70-24          Sec. 16.0031.  CERTAIN PAYMENTS BASED ON ESTIMATED GROSS

70-25    RECEIPTS.  (a)  Notwithstanding Section 16.002, the assessments are

70-26    due as provided by this section and are computed on a public

70-27    utility's estimate of its gross receipts.

 71-1          (b)  For the assessment otherwise due August 15, 1995, 50

 71-2    percent of the assessment shall be paid by August 15, 1994, and 50

 71-3    percent shall be paid by February 15, 1995.

 71-4          (c)  For the assessment otherwise due August 15, 1996, 50

 71-5    percent of the assessment shall be paid by August 15, 1995, and 50

 71-6    percent shall be paid by February 15, 1996.

 71-7          (d)  For the assessment otherwise due August 15, 1997, 50

 71-8    percent of the assessment shall be paid by August 15, 1996, and 50

 71-9    percent shall be paid by February 15, 1997.

71-10          (e)  For the assessment otherwise due August 15, 1998, 50

71-11    percent of the assessment shall be paid by August 15, 1997, and 50

71-12    percent shall be paid by August 15, 1998.

71-13          (f)  An amount that is underpaid for an assessment due August

71-14    15, 1995, August 15, 1996, or August 15, 1997, shall be paid by

71-15    those respective dates.  An assessment amount that is overpaid

71-16    shall be credited against a subsequent assessment.

71-17          (g)  This section expires September 1, 1998.  (V.A.C.S.

71-18    Art. 1446c-0, Sec. 1.353.)

71-19          Sec. 16.004.  COLLECTION BY COMPTROLLER.  The comptroller

71-20    shall collect the assessment and any penalty or interest due under

71-21    this subchapter.  (V.A.C.S. Art. 1446c-0, Sec. 1.354(a).)

71-22              (Sections 16.005-16.020 reserved for expansion)

71-23           SUBCHAPTER B.  GRANTS AND OTHER FINANCIAL ASSISTANCE

71-24          Sec. 16.021.  GRANTS OF FEDERAL FUNDS.  (a)  The commission

71-25    may apply to an appropriate agency or officer of the United States

71-26    to receive and spend federal funds available by grant or other

71-27    similar form of financial assistance.

 72-1          (b)  This section does not impair the ability of the

 72-2    commission to contract with or receive assistance from a state,

 72-3    local, or other authorized source of funds.  (V.A.C.S.

 72-4    Art. 1446c-0, Sec. 1.355(a).)

 72-5              (Sections 16.022-16.040 reserved for expansion)

 72-6         SUBCHAPTER C.  MONEY DISPOSITION, ACCOUNTING, AND BUDGET

 72-7          Sec. 16.041.  APPLICATION OF STATE FUNDS REFORM ACT.  Money

 72-8    paid to the commission or to the office under this title is subject

 72-9    to Subchapter F, Chapter 404, Government Code.  (V.A.C.S.

72-10    Art. 1446c-0, Sec.  1.354(b).)

72-11          Sec. 16.042.  ACCOUNTING RECORDS.  The commission shall keep

72-12    the accounting records required by the comptroller.  (V.A.C.S.

72-13    Art. 1446c-0, Sec. 1.356 (part).)

72-14          Sec. 16.043.  AUDIT.  The financial transactions of the

72-15    commission are subject to audit by the state auditor under Chapter

72-16    321, Government Code.  (V.A.C.S. Art. 1446c-0, Sec. 1.356 (part).)

72-17          Sec. 16.044.  APPROVAL OF BUDGET.  The commission budget is

72-18    subject to legislative approval as part of the General

72-19    Appropriations Act. (V.A.C.S. Art. 1446c-0, Sec. 1.357.)

72-20                  (Chapters 17-30 reserved for expansion)

72-21                      SUBTITLE B.  ELECTRIC UTILITIES

72-22                      CHAPTER 31.  GENERAL PROVISIONS

72-23    Sec. 31.001.  LEGISLATIVE FINDINGS; PURPOSE OF

72-24                    SUBTITLE 

72-25    Sec. 31.002.  DEFINITIONS 

72-26    Sec. 31.003.  REPORT ON SCOPE OF COMPETITION 

72-27    Sec. 31.004.  ENERGY-EFFICIENT SCHOOL FACILITIES 

 73-1                      SUBTITLE B.  ELECTRIC UTILITIES

 73-2                      CHAPTER 31.  GENERAL PROVISIONS

 73-3          Sec. 31.001.  LEGISLATIVE FINDINGS; PURPOSE OF SUBTITLE.  (a)

 73-4    This subtitle is enacted to protect the public interest inherent in

 73-5    the rates and services of electric utilities.  The purpose of this

 73-6    subtitle is to establish a comprehensive and adequate regulatory

 73-7    system for electric utilities to assure rates, operations, and

 73-8    services that are just and reasonable to the consumers and to the

 73-9    electric utilities.

73-10          (b)  Electric utilities are by definition monopolies in many

73-11    of the services provided and areas they serve.  As a result, the

73-12    normal forces of competition that regulate prices in a free

73-13    enterprise society do not always operate.  Public agencies regulate

73-14    electric utility rates, operations, and services, except as

73-15    otherwise provided by this subtitle.

73-16          (c)  The wholesale electric industry, through federal

73-17    legislative, judicial, and administrative actions, is becoming a

73-18    more competitive industry that does not lend itself to traditional

73-19    electric utility regulatory rules, policies, and principles.  As a

73-20    result, the public interest requires that rules, policies, and

73-21    principles be formulated and applied to protect the public interest

73-22    in a more competitive marketplace.  The development of a

73-23    competitive wholesale electric market that allows for increased

73-24    participation by electric utilities and certain nonutilities is in

73-25    the public interest.  (V.A.C.S. Art. 1446c-0, Sec. 2.001(a).)

73-26          Sec. 31.002.  DEFINITIONS.  In this subtitle:

73-27                (1)  "Electric utility" means a person or river

 74-1    authority that owns or operates for compensation in this state

 74-2    equipment or facilities to produce, generate, transmit, distribute,

 74-3    sell, or furnish electricity in this state.  The term includes a

 74-4    lessee, trustee, or receiver of an electric utility and a

 74-5    recreational vehicle park owner who does not comply with Subchapter

 74-6    C, Chapter 184, with regard to the metered sale of electricity at

 74-7    the recreational vehicle park.  The term does not include:

 74-8                      (A)  a municipal corporation;

 74-9                      (B)  a qualifying facility;

74-10                      (C)  an exempt wholesale generator;

74-11                      (D)  a power marketer;

74-12                      (E)  a corporation described by Section 32.053 to

74-13    the extent the corporation sells electricity exclusively at

74-14    wholesale and not to the ultimate consumer; or

74-15                      (F)  a person not otherwise an electric utility

74-16    who:

74-17                            (i)  furnishes an electric service or

74-18    commodity only to itself, its employees, or its tenants as an

74-19    incident of employment or tenancy, if that service or commodity is

74-20    not resold to or used by others;

74-21                            (ii)  owns or operates in this state

74-22    equipment or facilities to produce, generate, transmit, distribute,

74-23    sell, or furnish electric energy to an electric utility, if the

74-24    equipment or facilities are used primarily to produce and generate

74-25    electric energy for consumption by that person; or

74-26                            (iii)  owns or operates in this state a

74-27    recreational vehicle park that provides metered electric service in

 75-1    accordance with Subchapter C, Chapter 184.

 75-2                (2)  "Exempt wholesale generator" means a person who is

 75-3    engaged directly or indirectly through one or more affiliates

 75-4    exclusively in the business of owning or operating all or part of a

 75-5    facility for generating electric energy and selling electric energy

 75-6    at wholesale and who:

 75-7                      (A)  does not own a facility for the transmission

 75-8    of electricity, other than an essential interconnecting

 75-9    transmission facility necessary to effect a sale of electric energy

75-10    at wholesale; and

75-11                      (B)  has:

75-12                            (i)  applied to the Federal Energy

75-13    Regulatory Commission for a determination under 15 U.S.C. Section

75-14    79z-5a; or

75-15                            (ii)  registered as an exempt wholesale

75-16    generator as required by Section 35.032.

75-17                (3)  "Power marketer" means a person who:

75-18                      (A)  becomes an owner of electric energy in this

75-19    state for the purpose of selling the electric energy at wholesale;

75-20                      (B)  does not own generation, transmission, or

75-21    distribution facilities in this state;

75-22                      (C)  does not have a certificated service area;

75-23    and

75-24                      (D)  has:

75-25                            (i)  been granted authority by the Federal

75-26    Energy Regulatory Commission to sell electric energy at

75-27    market-based rates; or

 76-1                            (ii)  registered as a power marketer under

 76-2    Section 35.032.

 76-3                (4)  "Qualifying cogenerator" and "qualifying small

 76-4    power producer" have the meanings assigned those terms by 16 U.S.C.

 76-5    Sections 796(18)(C) and 796(17)(D).

 76-6                (5)  "Qualifying facility" means a qualifying

 76-7    cogenerator or qualifying small power producer.

 76-8                (6)  "Rate" includes a compensation, tariff, charge,

 76-9    fare, toll, rental, or classification that is directly or

76-10    indirectly demanded, observed, charged, or collected by an electric

76-11    utility for a service, product, or commodity described in the

76-12    definition of electric utility in this section and a rule,

76-13    practice, or contract affecting the compensation, tariff, charge,

76-14    fare, toll, rental, or classification that must be approved by a

76-15    regulatory authority.

76-16                (7)  "Transmission service" includes construction or

76-17    enlargement of facilities, transmission over distribution

76-18    facilities, control area services, scheduling resources, regulation

76-19    services, reactive power support, voltage control, provision of

76-20    operating reserves, and any other associated electrical service the

76-21    commission determines appropriate.  (V.A.C.S. Art. 1446c-0, Secs.

76-22    2.0011, 2.0012(a) (part).)

76-23          Sec. 31.003.  REPORT ON SCOPE OF COMPETITION.  (a)  Before

76-24    January 15 of each odd-numbered year, the commission shall report

76-25    to the legislature on the scope of competition in electric markets

76-26    and the effect of competition and industry restructuring on

76-27    customers in both competitive and noncompetitive markets.

 77-1          (b)  The report under this section must include:

 77-2                (1)  an assessment of the effect of competition on the

 77-3    rates and availability of electric services for residential and

 77-4    small commercial customers;

 77-5                (2)  a summary of commission action over the preceding

 77-6    two years that reflects changes in the scope of competition in

 77-7    regulated electric markets; and

 77-8                (3)  recommendations to the legislature for legislation

 77-9    that the commission finds appropriate to promote the public

77-10    interest in the context of a partially competitive electric market.

77-11    (V.A.C.S. Art. 1446c-0, Sec. 2.003.)

77-12          Sec. 31.004.  ENERGY-EFFICIENT SCHOOL FACILITIES.  (a)  The

77-13    commission may serve as a resource center to assist school

77-14    districts in developing energy-efficient facilities.

77-15          (b)  As a resource center under this section, the commission

77-16    may:

77-17                (1)  present programs to school districts relating to

77-18    managing energy, training school-plant operators, and designing

77-19    energy-efficient buildings;

77-20                (2)  provide school districts with technical assistance

77-21    in managing energy;

77-22                (3)  collect and distribute information relating to

77-23    energy management in school facilities; and

77-24                (4)  offer energy resource workshops to educators and

77-25    make available to educators a film library on energy-related

77-26    matters and energy education lesson packages.  (V.A.C.S.

77-27    Art. 1446c-0, Sec. 2.002.)

 78-1            CHAPTER 32.  JURISDICTION AND POWERS OF COMMISSION

 78-2                     AND OTHER REGULATORY AUTHORITIES

 78-3                  SUBCHAPTER A.  COMMISSION JURISDICTION

 78-4    Sec. 32.001.  COMMISSION JURISDICTION 

 78-5    Sec. 32.002.  LIMITATION ON COMMISSION JURISDICTION 

 78-6    Sec. 32.003.  EXEMPT AREA JURISDICTION 

 78-7    Sec. 32.004.  ASSISTANCE TO MUNICIPALITY 

 78-8              (Sections 32.005-32.050 reserved for expansion)

 78-9          SUBCHAPTER B.  EXEMPTIONS FROM COMMISSION JURISDICTION

78-10    Sec. 32.051.  EXEMPTION OF RIVER AUTHORITY FROM WHOLESALE

78-11                    RATE REGULATION 

78-12    Sec. 32.052.  ABILITY OF CERTAIN RIVER AUTHORITIES TO

78-13                    CONSTRUCT IMPROVEMENTS 

78-14    Sec. 32.053.  ABILITY OF CERTAIN RIVER AUTHORITY

78-15                    AFFILIATES TO CONSTRUCT IMPROVEMENTS 

78-16    Sec. 32.054.  RESTRICTIONS ON AUTHORITY OF CORPORATIONS

78-17                    OR RIVER AUTHORITY 

78-18              (Sections 32.055-32.100 reserved for expansion)

78-19                SUBCHAPTER C.  REQUIRED REPORTS AND FILINGS

78-20    Sec. 32.101.  TARIFF FILINGS 

78-21    Sec. 32.102.  DEPRECIATION ACCOUNT 

78-22    Sec. 32.103.  ACCOUNTS OF PROFITS AND LOSSES 

78-23    Sec. 32.104.  REPORT OF CERTAIN EXPENSES 

78-24            CHAPTER 32.  JURISDICTION AND POWERS OF COMMISSION

78-25                     AND OTHER REGULATORY AUTHORITIES

78-26                  SUBCHAPTER A.  COMMISSION JURISDICTION

78-27          Sec. 32.001.  COMMISSION JURISDICTION.  (a)  Except as

 79-1    provided by Section 32.002, the commission has exclusive original

 79-2    jurisdiction over the rates, operations, and services of an

 79-3    electric utility in:

 79-4                (1)  areas outside a municipality; and

 79-5                (2)  areas inside a municipality that surrenders its

 79-6    jurisdiction to the commission under Section 33.002.

 79-7          (b)  The commission has exclusive appellate jurisdiction to

 79-8    review an order or ordinance of a municipality exercising exclusive

 79-9    original jurisdiction under this subtitle.  (V.A.C.S.

79-10    Art. 1446c-0, Secs. 2.101(d), (e).)

79-11          Sec. 32.002.  LIMITATION ON COMMISSION JURISDICTION.  Except

79-12    as otherwise provided by this title, this subtitle does not

79-13    authorize the commission to:

79-14                (1)  regulate or supervise a rate or service of a

79-15    municipally owned utility; or

79-16                (2)  affect the jurisdiction, power, or duty of a

79-17    municipality exercising exclusive original jurisdiction in that

79-18    municipality's regulation and supervision of an electric utility in

79-19    the municipality.  (V.A.C.S. Art. 1446c-0, Sec. 2.102.)

79-20          Sec. 32.003.  EXEMPT AREA JURISDICTION.  Notwithstanding an

79-21    election under Subchapter A, Chapter 33, by a municipality on the

79-22    issue of surrendering its jurisdiction, the commission may:

79-23                (1)  consider an electric utility's revenues and return

79-24    on investment in an area exempt from commission regulation in

79-25    establishing rates and charges in an area that is not exempt from

79-26    commission regulation; and

79-27                (2)  exercise necessary powers to give effect to an

 80-1    order under this title for the benefit of an area that is not

 80-2    exempt from commission regulation.  (V.A.C.S. Art. 1446c-0, Sec.

 80-3    2.104(c) (part).)

 80-4          Sec. 32.004.  ASSISTANCE TO MUNICIPALITY.  On request of a

 80-5    municipality, the commission may advise and assist the municipality

 80-6    with respect to a question or proceeding arising under this title.

 80-7    Assistance provided by the commission may include aid to a

 80-8    municipality on a matter pending before the commission, a court, or

 80-9    the municipality's governing body, such as making a staff member

80-10    available as a witness or otherwise providing evidence to the

80-11    municipality.  (V.A.C.S.  Art. 1446c-0, Sec. 2.107.)

80-12              (Sections 32.005-32.050 reserved for expansion)

80-13          SUBCHAPTER B.  EXEMPTIONS FROM COMMISSION JURISDICTION

80-14          Sec. 32.051.  EXEMPTION OF RIVER AUTHORITY FROM WHOLESALE

80-15    RATE REGULATION.  Notwithstanding any other provision of this

80-16    title, the commission may not directly or indirectly regulate

80-17    revenue requirements, rates, fuel costs, fuel charges, or fuel

80-18    acquisitions that are related to the generation and sale of

80-19    electricity at wholesale, and not to ultimate consumers, by a river

80-20    authority operating a steam generating plant.  (V.A.C.S.

80-21    Art. 1446c-0, Sec. 2.0012(a) (part).)

80-22          Sec. 32.052.  ABILITY OF CERTAIN RIVER AUTHORITIES TO

80-23    CONSTRUCT IMPROVEMENTS.  A river authority operating a steam

80-24    generating plant may acquire, finance, construct, rebuild, repower,

80-25    and use new or existing power plants, equipment, transmission

80-26    lines, or other assets to sell electricity exclusively at wholesale

80-27    to:

 81-1                (1)  a purchaser in San Saba, Llano, Burnet, Travis,

 81-2    Bastrop, Blanco, Colorado, or Fayette County; or

 81-3                (2)  a purchaser in an area served by the river

 81-4    authority on January 1, 1975.  (V.A.C.S. Art. 1446c-0, Sec.

 81-5    2.0012(b).)

 81-6          Sec. 32.053.  ABILITY OF CERTAIN RIVER AUTHORITY AFFILIATES

 81-7    TO CONSTRUCT IMPROVEMENTS.  (a)  This section applies only to a

 81-8    corporation that:

 81-9                (1)  sells electricity exclusively at wholesale, and

81-10    not to ultimate consumers;

81-11                (2)  is authorized by Chapter 245, Acts of the 67th

81-12    Legislature, Regular Session, 1981 (Article 717p, Vernon's Texas

81-13    Civil Statutes); and

81-14                (3)  acts on behalf of a river authority.

81-15          (b)  Notwithstanding a river authority's enabling legislation

81-16    or Chapter 245, Acts of the 67th Legislature, Regular Session, 1981

81-17    (Article 717p, Vernon's Texas Civil Statutes), a corporation may:

81-18                (1)  acquire, finance, construct, rebuild, repower,

81-19    operate, or sell a facility directly related to the generation of

81-20    electricity; and

81-21                (2)  sell, at wholesale only, the output of the

81-22    facility to a purchaser, other than an ultimate consumer, at any

81-23    location in this state.

81-24          (c)  This subchapter does not prevent a corporation from

81-25    purchasing transmission and related services from a river

81-26    authority.

81-27          (d)  Except as provided by this section, the development,

 82-1    financing, ownership, and operation of a facility by a corporation

 82-2    is subject to all other applicable laws.

 82-3          (e)  The property, gross receipts, and income of a

 82-4    corporation acting on behalf of a river authority under this

 82-5    section are subject to, and the corporation shall pay, taxes and

 82-6    assessments of the federal government, this state, a political

 82-7    subdivision of this state, or a taxing district of this state on

 82-8    the same basis as an exempt wholesale generator.

 82-9          (f)  The proceeds from the sale of bonds or other obligations

82-10    the interest on which is exempt from taxation and that are issued

82-11    by a corporation or river authority subject to this section, other

82-12    than a bond or obligation available to an investor-owned utility or

82-13    exempt wholesale generator, may not be used, and may not have been

82-14    used, to finance the construction or acquisition of or the

82-15    rebuilding or repowering of a facility for the generation of

82-16    electricity by the corporation.  (V.A.C.S.  Art. 1446c-0, Secs.

82-17    2.0012(a) (part), (c).)

82-18          Sec. 32.054.  RESTRICTIONS ON AUTHORITY OF CORPORATIONS OR

82-19    RIVER AUTHORITY.  (a)  This subchapter does not authorize a river

82-20    authority to acquire, install, construct, make additions to, or

82-21    operate steam generating plants having an aggregate capacity

82-22    greater than 5,000 megawatts to serve a purchaser in the area

82-23    served by the river authority on January 1, 1975.

82-24          (b)  A river authority or a corporation acting on behalf of a

82-25    river authority under this subchapter may provide retail service

82-26    only to a retail customer served by the river authority or

82-27    corporation on September 1, 1995.

 83-1          (c)  Except as provided by this subchapter, this subchapter

 83-2    does not limit a power granted a river authority in its enabling

 83-3    legislation or other applicable law.  (V.A.C.S. Art. 1446c-0, Secs.

 83-4    2.0012(d), (e).)

 83-5              (Sections 32.055-32.100 reserved for expansion)

 83-6                SUBCHAPTER C.  REQUIRED REPORTS AND FILINGS

 83-7          Sec. 32.101.  TARIFF FILINGS.  (a)  An electric utility shall

 83-8    file with each regulatory authority a tariff showing each rate that

 83-9    is:

83-10                (1)  subject to the regulatory authority's original or

83-11    appellate jurisdiction; and

83-12                (2)  in effect for a utility service, product, or

83-13    commodity offered by the utility.

83-14          (b)  The electric utility shall file as a part of the tariff

83-15    required under Subsection (a) each rule that relates to or affects:

83-16                (1)  a rate of the utility; or

83-17                (2)  a utility service, product, or commodity furnished

83-18    by the electric utility.

83-19          (c)  The commission shall consider customer names and

83-20    addresses, prices, individual customer contracts, and expected load

83-21    and usage data as highly sensitive trade secrets.  That information

83-22    is not subject to disclosure under Chapter 552, Government Code.

83-23    (V.A.C.S.  Art. 1446c-0, Sec. 2.154.)

83-24          Sec. 32.102.  DEPRECIATION ACCOUNT.  The commission shall

83-25    require each electric or municipally owned utility to carry a

83-26    proper and adequate depreciation account in accordance with:

83-27                (1)  the rates and methods prescribed by the commission

 84-1    under Section 36.056; and

 84-2                (2)  any other rule the commission adopts.  (V.A.C.S.

 84-3    Art. 1446c-0, Secs. 2.151(a) (part), (d).)

 84-4          Sec. 32.103.  ACCOUNTS OF PROFITS AND LOSSES.  An electric or

 84-5    municipally owned utility shall keep separate accounts showing

 84-6    profits or losses from the sale or lease of merchandise, including

 84-7    an appliance, a fixture, or equipment.  (V.A.C.S. Art. 1446c-0,

 84-8    Secs. 2.151(b) (part), (d).)

 84-9          Sec. 32.104.  REPORT OF CERTAIN EXPENSES.  A regulatory

84-10    authority may require an electric utility to annually report the

84-11    utility's expenditures for:

84-12                (1)  business gifts and entertainment; and

84-13                (2)  advertising or public relations, including

84-14    expenditures for institutional and consumption-inducing purposes.

84-15    (V.A.C.S.  Art. 1446c-0, Sec. 2.152(a).)

84-16           CHAPTER 33.  JURISDICTION AND POWERS OF MUNICIPALITY

84-17                     SUBCHAPTER A.  GENERAL PROVISIONS

84-18    Sec. 33.001.  MUNICIPAL JURISDICTION 

84-19    Sec. 33.002.  SURRENDER OF MUNICIPAL JURISDICTION TO

84-20                    COMMISSION 

84-21    Sec. 33.003.  REINSTATEMENT OF MUNICIPAL JURISDICTION 

84-22    Sec. 33.004.  AREA EXEMPT FROM COMMISSION REGULATION 

84-23    Sec. 33.005.  EXEMPT AREA REPORTING 

84-24    Sec. 33.006.  COMMISSION POWERS IN NONEXEMPT AREAS 

84-25    Sec. 33.007.  ALLOWABLE CHARGES 

84-26              (Sections 33.008-33.020 reserved for expansion)

84-27                     SUBCHAPTER B.  RATE DETERMINATION

 85-1    Sec. 33.021.  RATE DETERMINATION 

 85-2    Sec. 33.022.  CONSIDERATION OF REVENUES AND RETURN

 85-3                    FROM NONEXEMPT AREA 

 85-4    Sec. 33.023.  RATEMAKING PROCEEDINGS 

 85-5    Sec. 33.024.  STATEMENT OF INTENT 

 85-6    Sec. 33.025.  MUNICIPAL STANDING 

 85-7    Sec. 33.026.  JUDICIAL REVIEW 

 85-8              (Sections 33.027-33.050 reserved for expansion)

 85-9                 SUBCHAPTER C.  APPEAL OF MUNICIPAL ORDER

85-10    Sec. 33.051.  APPEAL BY PARTY 

85-11    Sec. 33.052.  APPEAL BY RESIDENTS 

85-12    Sec. 33.053.  FILING OF APPEAL 

85-13    Sec. 33.054.  HEARING AND ORDER 

85-14    Sec. 33.055.  APPLICABILITY OF RATES 

85-15              (Sections 33.056-33.100 reserved for expansion)

85-16              SUBCHAPTER D.  PROVISIONS APPLICABLE TO APPEAL

85-17                    BY RATEPAYERS OUTSIDE MUNICIPALITY

85-18    Sec. 33.101.  APPEAL BY RATEPAYERS OUTSIDE MUNICIPALITY 

85-19    Sec. 33.102.  IDENTIFICATION OF RATEPAYERS OUTSIDE

85-20                    MUNICIPALITY 

85-21    Sec. 33.103.  FILING OF APPEAL 

85-22    Sec. 33.104.  RATE APPLICATION 

85-23              (Sections 33.105-33.120 reserved for expansion)

85-24          SUBCHAPTER E.  RATE DETERMINATION AND APPEAL OF ORDERS

85-25                      OF CERTAIN MUNICIPAL UTILITIES

85-26    Sec. 33.121.  APPLICATION OF COMMISSION REVIEW 

85-27    Sec. 33.122.  REVIEW OF CERTAIN RATE DECISIONS 

 86-1    Sec. 33.123.  REVIEW OF CERTAIN DECISIONS FOR RATES

 86-2                    CHARGED OUTSIDE MUNICIPALITY 

 86-3           CHAPTER 33.  JURISDICTION AND POWERS OF MUNICIPALITY

 86-4                     SUBCHAPTER A.  GENERAL PROVISIONS

 86-5          Sec. 33.001.  MUNICIPAL JURISDICTION.  To provide fair, just,

 86-6    and reasonable rates and adequate and efficient services, the

 86-7    governing body of a municipality has exclusive original

 86-8    jurisdiction over the rates, operations, and services of an

 86-9    electric utility in areas in the municipality, subject to the

86-10    limitations imposed by this title.  (V.A.C.S. Art. 1446c-0, Sec.

86-11    2.101(a).)

86-12          Sec. 33.002.  SURRENDER OF MUNICIPAL JURISDICTION TO

86-13    COMMISSION.  (a)  A municipality shall regulate all local utility

86-14    service in the municipality until the commission assumes

86-15    jurisdiction over a local utility under this subtitle.

86-16          (b)  A municipality may elect to have the commission exercise

86-17    exclusive original jurisdiction over electric utility rates,

86-18    operations, and services in the municipality by ordinance or by

86-19    submitting the question of the surrender of its jurisdiction to the

86-20    voters at a municipal election.

86-21          (c)  The governing body of a municipality shall submit at a

86-22    municipal election the question of surrendering its jurisdiction to

86-23    the commission if the governing body receives a petition signed by

86-24    a number of qualified voters of the municipality equal to at least

86-25    the lesser of 20,000 or 10 percent of the number of voters voting

86-26    in the last preceding general election in the municipality.

86-27    (V.A.C.S. Art. 1446c-0, Secs.  2.101(b), 2.104(a).)

 87-1          Sec. 33.003.  REINSTATEMENT OF MUNICIPAL JURISDICTION.  (a)

 87-2    A municipality that surrenders its jurisdiction to the commission

 87-3    may at any time reinstate its jurisdiction by a vote of the

 87-4    electorate.

 87-5          (b)  A municipality that reinstates its jurisdiction under

 87-6    Subsection (a) may not surrender that jurisdiction before the fifth

 87-7    anniversary of the date of the election in which the municipality

 87-8    elected to reinstate its jurisdiction.

 87-9          (c)  A municipality may not, by a vote of the electorate,

87-10    reinstate the jurisdiction of the governing body during the time a

87-11    case involving the municipality is pending before the commission.

87-12    (V.A.C.S.  Art. 1446c-0, Sec. 2.101(c).)

87-13          Sec. 33.004.  AREA EXEMPT FROM COMMISSION REGULATION.  (a)

87-14    If a municipality does not surrender its jurisdiction, local

87-15    utility service in the municipality is exempt from regulation by

87-16    the commission under this subtitle to the extent that this subtitle

87-17    applies to local service.

87-18          (b)  The municipality may exercise in the exempt area the

87-19    same regulatory powers under the same standards and rules as the

87-20    commission or under other consistent standards and rules.

87-21    (V.A.C.S. Art. 1446c-0, Sec. 2.104(b).)

87-22          Sec. 33.005.  EXEMPT AREA REPORTING.  (a)  An electric

87-23    utility serving an area exempt from commission regulation is

87-24    subject to the reporting requirements of this title.

87-25          (b)  A report must be filed with:

87-26                (1)  the governing body of the municipality; and

87-27                (2)  the commission.  (V.A.C.S. Art. 1446c-0, Sec.

 88-1    2.104(d).)

 88-2          Sec. 33.006.  COMMISSION POWERS IN NONEXEMPT AREAS.  This

 88-3    subchapter does not limit the duty and power of the commission to

 88-4    regulate the service and rates of a municipally regulated electric

 88-5    utility for service provided to another area in this state.

 88-6    (V.A.C.S. Art. 1446c-0, Sec. 2.104(e).)

 88-7          Sec. 33.007.  ALLOWABLE CHARGES.  A municipality that

 88-8    performs a regulatory function under this title may make each

 88-9    charge that is authorized by:

88-10                (1)  this title; or

88-11                (2)  the applicable franchise agreement.  (V.A.C.S.

88-12    Art. 1446c-0, Sec. 2.103.)

88-13              (Sections 33.008-33.020 reserved for expansion)

88-14                     SUBCHAPTER B.  RATE DETERMINATION

88-15          Sec. 33.021.  RATE DETERMINATION.  (a)  A municipality

88-16    regulating an electric utility under this subtitle shall require

88-17    the utility to submit information as necessary to make a reasonable

88-18    determination of rate base, expenses, investment, and rate of

88-19    return in the municipality.

88-20          (b)  A municipality shall make a determination under

88-21    Subsection (a) using the procedures and requirements prescribed by

88-22    this title.

88-23          (c)  A municipality shall retain personnel necessary to make

88-24    the determination of reasonable rates.  (V.A.C.S. Art. 1446c-0,

88-25    Secs. 2.105(a), (b).)

88-26          Sec. 33.022.  CONSIDERATION OF REVENUES AND RETURN FROM

88-27    NONEXEMPT AREA.  In establishing rates and charges in an area

 89-1    exempt from commission regulation, the governing body may consider

 89-2    an electric utility's revenues and return on investment in an area

 89-3    that is not exempt from commission regulation.  (V.A.C.S.

 89-4    Art. 1446c-0, Sec. 2.104(c) (part).)

 89-5          Sec. 33.023.  RATEMAKING PROCEEDINGS.  (a)  The governing

 89-6    body of a municipality participating in or conducting a ratemaking

 89-7    proceeding may engage rate consultants, accountants, auditors,

 89-8    attorneys, and engineers to:

 89-9                (1)  conduct investigations, present evidence, and

89-10    advise and represent the governing body; and

89-11                (2)  assist the governing body with litigation in an

89-12    electric utility ratemaking proceeding before the governing body, a

89-13    regulatory authority, or a court.

89-14          (b)  The electric utility in the ratemaking proceeding shall

89-15    reimburse the governing body of the municipality for the reasonable

89-16    cost of the services of a person engaged under Subsection (a) to

89-17    the extent the applicable regulatory authority determines is

89-18    reasonable.  (V.A.C.S. Art. 1446c-0, Sec. 2.106(a).)

89-19          Sec. 33.024.  STATEMENT OF INTENT.  (a)  Not later than the

89-20    31st day before the date an electric utility files a statement of

89-21    intent under Section 36.102, the electric utility shall provide

89-22    notice of intent to file the statement to each municipality having

89-23    original jurisdiction.

89-24          (b)  Not later than the 30th day after the date a

89-25    municipality receives notice under Subsection (a), the municipality

89-26    may request that the electric utility file with the municipality a

89-27    statement of intent in accordance with Section 36.102.

 90-1          (c)  If requested by a municipality under Subsection (b), the

 90-2    electric utility shall file the statement of intent with the

 90-3    municipality at the same time the statement is filed with the

 90-4    commission.  (V.A.C.S. Art. 1446c-0, Sec.  2.105(c).)

 90-5          Sec. 33.025.  MUNICIPAL STANDING.  (a)  A municipality has

 90-6    standing in each case before the commission that relates to an

 90-7    electric utility providing service in the municipality.

 90-8          (b)  A municipality's standing is subject to the right of the

 90-9    commission to:

90-10                (1)  determine standing in a case involving a retail

90-11    service area dispute that involves two or more electric utilities;

90-12    and

90-13                (2)  consolidate municipalities on an issue of common

90-14    interest.  (V.A.C.S. Art. 1446c-0, Sec. 2.106(b) (part).)

90-15          Sec. 33.026.  JUDICIAL REVIEW.  A municipality is entitled to

90-16    judicial review of a commission order relating to an electric

90-17    utility providing services in the municipality as provided by

90-18    Section 15.001.  (V.A.C.S. Art. 1446c-0, Sec. 2.106(b) (part).)

90-19              (Sections 33.027-33.050 reserved for expansion)

90-20                 SUBCHAPTER C.  APPEAL OF MUNICIPAL ORDER

90-21          Sec. 33.051.  APPEAL BY PARTY.  A party to a rate proceeding

90-22    before a municipality's governing body may appeal the governing

90-23    body's decision to the commission.  (V.A.C.S. Art. 1446c-0, Sec.

90-24    2.108(a).)

90-25          Sec. 33.052.  APPEAL BY RESIDENTS.  The residents of a

90-26    municipality may appeal to the commission the decision of the

90-27    municipality's governing body in a rate proceeding by filing with

 91-1    the commission a petition for review signed by a number of

 91-2    qualified voters of the municipality equal to at least the lesser

 91-3    of 20,000 or 10 percent of the qualified voters of the

 91-4    municipality.  (V.A.C.S. Art. 1446c-0, Sec.  2.108(b).)

 91-5          Sec. 33.053.  FILING OF APPEAL.  (a)  An appeal under this

 91-6    subchapter is initiated by filing a petition for review with the

 91-7    commission and serving a copy of the petition on each party to the

 91-8    original rate proceeding.

 91-9          (b)  The appeal must be initiated not later than the 30th day

91-10    after the date of the final decision by the governing body of the

91-11    municipality. (V.A.C.S.  Art. 1446c-0, Sec. 2.108(f).)

91-12          Sec. 33.054.  HEARING AND ORDER.  (a)  An appeal under this

91-13    subchapter or Subchapter D is de novo and based on the test year

91-14    presented to the municipality.

91-15          (b)  The commission shall enter a final order establishing

91-16    the rates the commission determines the municipality should have

91-17    set in the ordinance to which the appeal applies.

91-18          (c)  In a proceeding involving the rates of a municipally

91-19    owned utility, the commission must enter a final order on or before

91-20    the 185th day after the date the appeal is perfected or the utility

91-21    files a rate application as prescribed by Section 33.104.

91-22          (d)  In a proceeding in which a rate change is concurrently

91-23    sought from the commission under the commission's original

91-24    jurisdiction, the commission must enter a final order on or before

91-25    the later of the 120th day after the date the appeal is perfected

91-26    or the date final action must be taken in the proceeding filed with

91-27    the commission.

 92-1          (e)  In a proceeding not governed by Subsection (c) or (d),

 92-2    the commission must enter a final order on or before the 185th day

 92-3    after the date the appeal is perfected.

 92-4          (f)  If the commission fails to enter a final order before

 92-5    the expiration of the applicable period prescribed by Subsections

 92-6    (c)-(e), the rates proposed by the utility are considered to be

 92-7    approved by the commission and take effect on the expiration of

 92-8    that period.  (V.A.C.S. Art. 1446c-0, Sec.  2.108(g) (part).)

 92-9          Sec. 33.055.  APPLICABILITY OF RATES.  (a)  Temporary or

92-10    permanent rates set by the commission are prospective and observed

92-11    from the date of the applicable commission order, except an interim

92-12    rate order necessary to effect uniform system-wide rates or to

92-13    provide an electric utility the opportunity to avoid confiscation

92-14    during the period beginning on the date a petition for review is

92-15    filed with the commission and ending on the date of a final order

92-16    establishing rates.

92-17          (b)  The commission shall order interim rates on a prima

92-18    facie showing by the electric utility that it has experienced

92-19    confiscation during that period.  The electric utility shall refund

92-20    or credit against future bills:

92-21                (1)  money collected under the interim rates in excess

92-22    of the rate finally ordered; and

92-23                (2)  interest on that money, at the current rate as

92-24    determined by the commission.

92-25          (c)  In this section, "confiscation" includes negative cash

92-26    flow experienced by an electric utility at any time a rate case

92-27    proceeding is pending.  (V.A.C.S. Art. 1446c-0, Sec.  2.108(g)

 93-1    (part).)

 93-2              (Sections 33.056-33.100 reserved for expansion)

 93-3              SUBCHAPTER D.  PROVISIONS APPLICABLE TO APPEAL

 93-4                    BY RATEPAYERS OUTSIDE MUNICIPALITY

 93-5          Sec. 33.101.  APPEAL BY RATEPAYERS OUTSIDE MUNICIPALITY.  (a)

 93-6    The ratepayers of a municipally owned utility who are outside the

 93-7    municipality may appeal to the commission an action of the

 93-8    governing body of the municipality affecting the municipally owned

 93-9    utility's rates by filing with the commission a petition for review

93-10    signed by a number of ratepayers served by the utility outside the

93-11    municipality equal to at least the lesser of 10,000 or five percent

93-12    of those ratepayers.

93-13          (b)  A petition for review is properly signed if signed by a

93-14    person or the spouse of a person in whose name residential utility

93-15    service is carried.

93-16          (c)  For purposes of this section, each person who receives a

93-17    separate bill is a ratepayer.  A person who receives more than one

93-18    bill may not be counted as more than one ratepayer.  (V.A.C.S.

93-19    Art. 1446c-0, Sec.  2.108(c)(1).)

93-20          Sec. 33.102.  IDENTIFICATION OF RATEPAYERS OUTSIDE

93-21    MUNICIPALITY.  (a)  A municipality that owns a utility shall:

93-22                (1)  disclose to any person, on request, the number of

93-23    ratepayers who reside outside the municipality; and

93-24                (2)  provide to any person, on request, a list of the

93-25    names and addresses of the ratepayers who reside outside the

93-26    municipality.

93-27          (b)  The municipality may not charge a fee for disclosing the

 94-1    information under Subsection (a)(1).  The municipality may charge a

 94-2    reasonable fee for providing information under Subsection (a)(2).

 94-3          (c)  The municipality shall provide information requested

 94-4    under Subsection (a)(1) by telephone or in writing, as preferred by

 94-5    the person making the request.  (V.A.C.S. Art. 1446c-0, Sec.

 94-6    2.108(c)(2).)

 94-7          Sec. 33.103.  FILING OF APPEAL.  (a)  Not later than the 14th

 94-8    day after the date a governing body of a municipality makes a final

 94-9    decision, the municipality shall issue a written report stating the

94-10    effect of the decision on each class of ratepayer.

94-11          (b)  An appeal under this subchapter is initiated by filing a

94-12    petition for review with the commission and serving a copy of the

94-13    petition on each party to the original rate proceeding.

94-14          (c)  The appeal must be initiated not later than the 45th day

94-15    after the date the municipality issues the written report required

94-16    by Subsection (a).  (V.A.C.S. Art. 1446c-0, Sec. 2.108(c)(3).)

94-17          Sec. 33.104.  RATE APPLICATION.  Not later than the 90th day

94-18    after the date a petition for review is filed that complies with

94-19    Section 33.103, the municipality shall file with the commission a

94-20    rate application that complies in all material respects with the

94-21    rules and forms prescribed by the commission.  The commission may,

94-22    for good cause shown, extend the period for filing a rate

94-23    application.  (V.A.C.S. Art. 1446c-0, Sec. 2.108(c)(4).)

94-24              (Sections 33.105-33.120 reserved for expansion)

94-25          SUBCHAPTER E.  RATE DETERMINATION AND APPEAL OF ORDERS

94-26                      OF CERTAIN MUNICIPAL UTILITIES

94-27          Sec. 33.121.  APPLICATION OF COMMISSION REVIEW.  A

 95-1    municipally owned utility is subject to this subchapter if the

 95-2    utility is a utility:

 95-3                (1)  whose rates are appealed under Subchapter D;

 95-4                (2)  for which the commission orders a decrease in

 95-5    annual nonfuel base revenues that exceeds the greater of

 95-6    $25,000,000 or 10 percent of the utility's nonfuel base revenues,

 95-7    as computed on a total system basis without regard to the utility's

 95-8    municipal boundaries and established in the appealed rate

 95-9    ordinance; and

95-10                (3)  for which the commission finds that the rates paid

95-11    by the combined residential or other major customer class, other

95-12    than a class in which the municipality is the customer of the

95-13    municipally owned utility, are removed from cost-of-service levels

95-14    to the extent that, under the nonfuel base revenue requirement

95-15    adopted by the commission as computed on a total system basis

95-16    without regard to the municipality's boundaries, a change in

95-17    nonfuel base rate revenues in excess of 50 percent from adjusted

95-18    test year levels would be required to move that class to a relative

95-19    rate of return of unity (1.00 or 100 percent) under the

95-20    cost-of-service methodology adopted by the commission in an appeal

95-21    under Subchapter D.  (V.A.C.S. Art. 1446c-0, Secs. 2.108(d) (part),

95-22    (e) (part).)

95-23          Sec. 33.122.  REVIEW OF CERTAIN RATE DECISIONS.  (a)  Except

95-24    as provided by Subsections (b)-(f), for a period of 10 years

95-25    beginning on the later of August 28, 1989, or the effective date of

95-26    the rate ordinance that is the subject of the commission's final

95-27    order invoking the application of this section, the commission has

 96-1    appellate jurisdiction over the rates charged by the municipally

 96-2    owned utility, both inside and outside the municipality, in the

 96-3    same manner and subject to the same commission powers and authority

 96-4    provided by this subtitle for an electric utility.

 96-5          (b)  The commission has jurisdiction to review the cost

 96-6    allocation and rate design methodologies adopted by the governing

 96-7    body of a municipally owned utility subject to this section.  If

 96-8    the commission finds that the cost-of-service methodologies result

 96-9    in rates that are unjust, unreasonable, or unreasonably

96-10    discriminatory, or unduly preferential to a customer class, the

96-11    commission may order the implementation of ratesetting

96-12    methodologies the commission finds reasonable.

96-13          (c)  The commission shall ensure that a customer class, other

96-14    than a class in which the municipality is the customer of the

96-15    municipally owned utility, does not pay rates that result in a

96-16    relative rate of return of more than 115 percent under the

96-17    cost-of-service methodology found reasonable by the commission.  A

96-18    customer class may not experience a percentage base rate increase

96-19    that is greater than 1-1/2 times the system average base increase.

96-20    In moving an above-cost class toward cost-of-service levels, each

96-21    class farthest above cost shall be moved sequentially toward cost

96-22    so that no above-cost class moves toward cost until no other class

96-23    is further removed from cost.

96-24          (d)  A municipality subject to this section may design

96-25    residential rates, as a matter of intra-class rate design, to

96-26    accomplish reasonable energy conservation goals, notwithstanding

96-27    any other provision of this title.

 97-1          (e)  The commission's jurisdiction under this section may be

 97-2    invoked by any party to a local rate proceeding required by this

 97-3    section in the same manner as an appeal of the rates of an electric

 97-4    utility under Section 33.051.

 97-5          (f)  The commission's jurisdiction under this section does

 97-6    not extend to a municipally owned utility's:

 97-7                (1)  revenue requirements, whether base rate or fuel

 97-8    revenues;

 97-9                (2)  invested capital;

97-10                (3)  return on invested capital;

97-11                (4)  debt service coverage ratio; or

97-12                (5)  level of transfer of revenues from the utility to

97-13    the municipality's general fund.

97-14          (g)  The governing body of a municipally owned utility

97-15    subject to this section shall establish procedures similar to the

97-16    procedures of a municipality that retains original jurisdiction

97-17    under Section 33.001 to regulate an electric utility operating in

97-18    the municipality.  The procedures must include a public hearing

97-19    process in which an affected ratepayer is granted party status on

97-20    request and is grouped for purposes of participation in accordance

97-21    with common or divergent interests, including the particular

97-22    interests of all-electric residential ratepayers and residential

97-23    ratepayers outside the municipality.

97-24          (h)  This section does not require the governing body of a

97-25    municipality or the governing board of a municipally owned utility

97-26    subject to this section to adopt procedures that require the use of

97-27    the Texas Rules of Evidence, the Texas Rules of Civil Procedure, or

 98-1    the presentation of sworn testimony or any other form of sworn

 98-2    evidence.

 98-3          (i)  The governing body of a municipally owned utility

 98-4    subject to this section shall appoint a consumer advocate to

 98-5    represent the interests of residential and small commercial

 98-6    ratepayers in the municipality's local rate proceedings.  The

 98-7    consumer advocate's reasonable costs of participating in a

 98-8    proceeding, including the reasonable costs of ratemaking

 98-9    consultants and expert witnesses, shall be funded by and recovered

98-10    from residential and small commercial ratepayers.

98-11          (j)  The commission shall adopt rules applicable to a party

98-12    to an appeal under Subchapter D that provide for the public

98-13    disclosure of financial and in-kind contributions and expenditures

98-14    related to preparing and filing an appeal petition and preparing

98-15    expert testimony or legal representation for an appeal.  A party or

98-16    customer who is a member of a party who makes a financial

98-17    contribution or in-kind contribution to assist in an appeal by

98-18    another party or customer class under Subchapter D shall be

98-19    required, on a finding of the commission to that effect, to pay the

98-20    municipally owned utility a penalty equivalent in amount to two

98-21    times the amount of the contribution.

98-22          (k)  This section does not limit the right of a party or

98-23    customer to spend money to represent its own interests following

98-24    the filing of a petition with the commission under Subchapter D.

98-25    (V.A.C.S. Art. 1446c-0, Sec. 2.108(d) (part).)

98-26          Sec. 33.123.  REVIEW OF CERTAIN DECISIONS FOR RATES CHARGED

98-27    OUTSIDE MUNICIPALITY.  (a)  For a period of 10 years beginning on

 99-1    the later of August 28, 1989, or the effective date of the rate

 99-2    ordinance that is the subject of the commission's final order

 99-3    invoking the application of this section, the commission has

 99-4    appellate jurisdiction over the rates charged by the municipally

 99-5    owned utility, outside the municipality, as provided by this

 99-6    section.

 99-7          (b)  Except as otherwise provided by this section, a

 99-8    ratepayer of a municipally owned utility subject to this section

 99-9    who resides outside the municipality may appeal any action of the

99-10    governing body of a municipality affecting the rates charged by the

99-11    municipally owned utility outside the municipality by filing a

99-12    petition for review with the commission in the manner provided for

99-13    an appeal under Subchapter D.  The petition must plainly disclose

99-14    that the cost of the appeal will be funded by a surcharge on the

99-15    monthly electric bills of ratepayers outside the municipality as

99-16    prescribed by the commission.

99-17          (c)  After the commission approves the sufficiency of a

99-18    petition, the appellants shall submit to the office for approval a

99-19    budget itemizing the scope and expected cost of consultant services

99-20    to be purchased by the appellants in the appeal.

99-21          (d)  Not later than the 120th day after the date the

99-22    commission enters its final order, the municipality shall assess a

99-23    onetime surcharge on a per capita basis among residential

99-24    ratepayers who reside outside the municipality to pay the

99-25    reasonable consultant and legal costs approved by the counsellor.

99-26    The municipality shall reimburse the appellants for incurred costs

99-27    not later than the 90th day after the date the commission enters

 100-1   its final order.

 100-2         (e)  A municipality may not:

 100-3               (1)  include the costs associated with its defense of

 100-4   an appeal under this section in the rates charged a ratepayer

 100-5   outside the municipality; or

 100-6               (2)  if the municipality appeals an order entered by

 100-7   the commission under this section, include the costs associated

 100-8   with its appeal in the rates charged a ratepayer outside the

 100-9   municipality.

100-10         (f)  A ratepayer who brings an appeal under this section may

100-11   not receive funding for rate case expenses except from a

100-12   residential ratepayer who resides outside the municipality or from

100-13   another municipality inside whose boundaries the municipally owned

100-14   utility provides service.  The commission shall adopt rules for

100-15   reporting financial and in-kind contributions in support of an

100-16   appeal under this section.  If the commission finds that an

100-17   appellant has received contributions from a source other than from

100-18   a ratepayer who resides outside the municipality or from another

100-19   municipality, the appeal and each commission order entered in the

100-20   appeal are void.

100-21         (g)  The commission has jurisdiction in an appeal under this

100-22   section to review and ensure that the revenue requirements of a

100-23   municipally owned utility subject to this section are reasonable.

100-24   The jurisdiction under this subsection does not extend to

100-25   regulating the use and level of a transfer of the utility's

100-26   revenues to the municipality's general fund.

100-27         (h)  The commission has jurisdiction to review the cost

 101-1   allocation and rate design methodologies adopted by the governing

 101-2   body of a municipally owned utility subject to this section.  If

 101-3   the commission finds that the cost-of-service methodologies result

 101-4   in rates that are unjust, unreasonable, or unreasonably

 101-5   discriminatory or unduly preferential to a customer class, the

 101-6   commission may order the implementation of ratesetting

 101-7   methodologies the commission finds reasonable.  The commission's

 101-8   jurisdiction under this subsection does not include intra-class

 101-9   residential rate design.

101-10         (i)  An intervenor in an appeal under this section is limited

101-11   to presenting evidence on cost allocation and rate design

101-12   methodologies, except that an intervenor may present evidence in

101-13   support of the municipality on an issue related to utility

101-14   revenues.

101-15         (j)  A ratepayer of a municipally owned utility subject to

101-16   this section who resides outside the municipality may elect to

101-17   petition for review under either this section or Subchapter D when

101-18   appealing a rate ordinance or other ratesetting action of the

101-19   governing body of a municipality.  (V.A.C.S. Art. 1446c-0, Sec.

101-20   2.108(e) (part).)

101-21                    CHAPTER 34.  ELECTRICAL PLANNING

101-22                    SUBCHAPTER A.  GENERAL PROVISIONS

101-23   Sec. 34.001.  DEFINITION 

101-24   Sec. 34.002.  APPLICABILITY TO MUNICIPALLY OWNED UTILITY 

101-25   Sec. 34.003.  ADOPTION OF INTEGRATED RESOURCE PLANNING

101-26                   PROCESS 

101-27   Sec. 34.004.  STATEWIDE INTEGRATED RESOURCE PLAN 

 102-1   Sec. 34.005.  PROMOTION OF RENEWABLE ENERGY TECHNOLOGIES 

 102-2   Sec. 34.006.  REVIEW OF STATE TRANSMISSION SYSTEM 

 102-3             (Sections 34.007-34.020 reserved for expansion)

 102-4           SUBCHAPTER B.  PRELIMINARY INTEGRATED RESOURCE PLAN

 102-5   Sec. 34.021.  PRELIMINARY INTEGRATED RESOURCE PLAN REQUIRED 

 102-6   Sec. 34.022.  CONTENTS OF PRELIMINARY INTEGRATED RESOURCE

 102-7                   PLAN 

 102-8   Sec. 34.023.  PUBLIC HEARING ON PRELIMINARY INTEGRATED

 102-9                   RESOURCE PLAN 

102-10   Sec. 34.024.  INTERIM ORDER ON PRELIMINARY INTEGRATED

102-11                   RESOURCE PLAN; DEADLINE 

102-12             (Sections 34.025-34.050 reserved for expansion)

102-13                  SUBCHAPTER C.  RESOURCE SOLICITATION

102-14   Sec. 34.051.  COMMENCEMENT OF SOLICITATION 

102-15   Sec. 34.052.  SUBMISSION OF BIDS; CONFIDENTIALITY 

102-16   Sec. 34.053.  ELECTRIC UTILITY DEMAND-SIDE MANAGEMENT

102-17                   PROGRAMS 

102-18   Sec. 34.054.  QUALIFYING FACILITY BIDS; AVOIDED COSTS 

102-19   Sec. 34.055.  EVALUATION OF BIDS;  NEGOTIATION OF CONTRACTS 

102-20   Sec. 34.056.  APPLICATION FOR CERTIFICATE OF CONVENIENCE

102-21                   AND NECESSITY FOR RESOURCE NOT INCLUDED IN

102-22                   PRELIMINARY PLAN 

102-23             (Sections 34.057-34.100 reserved for expansion)

102-24              SUBCHAPTER D.  FINAL INTEGRATED RESOURCE PLAN

102-25   Sec. 34.101.  SUBMISSION OF FINAL INTEGRATED RESOURCE PLAN 

102-26   Sec. 34.102.  PUBLIC HEARING ON FINAL INTEGRATED RESOURCE

102-27                   PLAN 

 103-1   Sec. 34.103.  RULING ON FINAL INTEGRATED RESOURCE PLAN;

 103-2                   DEADLINE 

 103-3   Sec. 34.104.  CERTIFICATION OF CONTRACTS 

 103-4   Sec. 34.105.  CERTIFICATE OF CONVENIENCE AND NECESSITY 

 103-5             (Sections 34.106-34.150 reserved for expansion)

 103-6           SUBCHAPTER E.  ACQUISITION OF RESOURCES OUTSIDE THE

 103-7                  INTEGRATED RESOURCE PLANNING PROCESS

 103-8   Sec. 34.151.  EXEMPTIONS FROM SOLICITATION PROCESS 

 103-9   Sec. 34.152.  NONGENERATING ELECTRIC UTILITY SOLICITATIONS 

103-10   Sec. 34.153.  EXEMPTION FOR CERTAIN FACILITIES 

103-11             (Sections 34.154-34.170 reserved for expansion)

103-12                 SUBCHAPTER F.  MISCELLANEOUS PROVISIONS

103-13   Sec. 34.171.  COST RECOVERY AND INCENTIVES 

103-14   Sec. 34.172.  RECONCILIATION OF RECOVERED COSTS 

103-15   Sec. 34.173.  RESOURCE PLANNING EXPENSES 

103-16                    CHAPTER 34.  ELECTRICAL PLANNING

103-17                    SUBCHAPTER A.  GENERAL PROVISIONS

103-18         Sec. 34.001.  DEFINITION.  In this chapter, "electric

103-19   utility" includes a river authority subject to Subchapter B,

103-20   Chapter 32, with respect to the area served by the river authority

103-21   on January 1, 1975.  (V.A.C.S. Art. 1446c-0, Sec. 2.051(aa).)

103-22         Sec. 34.002.  APPLICABILITY TO MUNICIPALLY OWNED UTILITY.  A

103-23   municipally owned utility is not subject to the requirements of

103-24   this chapter, except that every three years each municipally owned

103-25   utility shall submit to the commission a report containing the

103-26   information prescribed by Section 34.022.  (V.A.C.S.  Art. 1446c-0,

103-27   Sec. 2.051(g).)

 104-1         Sec. 34.003.  ADOPTION OF INTEGRATED RESOURCE PLANNING

 104-2   PROCESS.  (a)  The commission by rule shall develop an integrated

 104-3   resource planning process to provide reliable energy service at the

 104-4   lowest reasonable system cost.

 104-5         (b)  In determining the lowest reasonable system cost of an

 104-6   electric utility's integrated resource plan, the commission shall

 104-7   consider:

 104-8               (1)  direct costs;

 104-9               (2)  the effect on the rates and bills of various types

104-10   of customers;

104-11               (3)  minimization of the risks of future fuel costs and

104-12   regulations;

104-13               (4)  the appropriateness and reliability of the mix of

104-14   resources; and

104-15               (5)  the cost of compliance with environmental

104-16   protection requirements of all applicable state and federal laws,

104-17   rules, and orders.

104-18         (c)  An appropriate and reliable mix under Subsection (b)(4)

104-19   may include a portfolio of cost-effective sources of power,

104-20   including fueled and nonfueled resources, such as renewable

104-21   resources and conservation measures, and a mixture of long-term and

104-22   short-term contracts.

104-23         (d)  In establishing a requirement under this chapter,

104-24   including a reporting requirement, the commission shall consider

104-25   and recognize the different capabilities of small and large

104-26   electric utilities.  (V.A.C.S. Art. 1446c-0, Secs. 2.051(a), (d).)

104-27         Sec. 34.004.  STATEWIDE INTEGRATED RESOURCE PLAN.  (a)  The

 105-1   commission by rule shall adopt and periodically update a statewide

 105-2   integrated resource plan that includes the commission's long-term

 105-3   resource planning goals.  The commission shall notify each electric

 105-4   utility of the approval of the plan.

 105-5         (b)  The commission shall send a report on the statewide

 105-6   integrated resource plan to the governor when it adopts or revises

 105-7   the plan and make the report available to the public.

 105-8         (c)  The report on the statewide integrated resource plan

 105-9   must include:

105-10               (1)  historical data for electric consumption statewide

105-11   and by each electric utility;

105-12               (2)  historical data for electric generation by each

105-13   electric utility and by type of capacity, including alternative

105-14   energy sources;

105-15               (3)  an inventory of generation capacity statewide and

105-16   by each electric utility;

105-17               (4)  quantitative data on demand-side management

105-18   programs to the extent the commission determines necessary;

105-19               (5)  each generating electric utility's forecast

105-20   without adjustment;

105-21               (6)  the commission's long-term resource planning goals

105-22   included in the plan;

105-23               (7)  a projection of the need for electric services;

105-24               (8)  a description of the approved individual

105-25   integrated resource plan of each electric utility; and

105-26               (9)  an assessment of transmission planning being

105-27   conducted by electric utilities in this state.  (V.A.C.S.

 106-1   Art. 1446c-0, Secs. 2.051(b), (c).)

 106-2         Sec. 34.005.  PROMOTION OF RENEWABLE ENERGY TECHNOLOGIES.

 106-3   The commission shall adopt rules consistent with the integrated

 106-4   resource planning process to promote the development of renewable

 106-5   energy technologies.  (V.A.C.S. Art. 1446c-0, Sec. 2.051(v).)

 106-6         Sec. 34.006.  REVIEW OF STATE TRANSMISSION SYSTEM.  In

 106-7   carrying out its duties related to the integrated resource planning

 106-8   process, the commission may review this state's transmission system

 106-9   and make recommendations to electric utilities on the need to build

106-10   new power lines, upgrade power lines, and make other necessary

106-11   improvements and additions.  (V.A.C.S.  Art. 1446c-0, Sec. 2.051(w)

106-12   (part).)

106-13             (Sections 34.007-34.020 reserved for expansion)

106-14           SUBCHAPTER B.  PRELIMINARY INTEGRATED RESOURCE PLAN

106-15         Sec. 34.021.  PRELIMINARY INTEGRATED RESOURCE PLAN REQUIRED.

106-16   (a)  Every three years each nongenerating electric utility planning

106-17   to construct generating resources and each generating electric

106-18   utility shall submit to the commission a preliminary integrated

106-19   resource plan covering a 10-year period.

106-20         (b)  The commission by rule shall:

106-21               (1)  establish a staggered schedule for the submission

106-22   of integrated resource plans by electric utilities;

106-23               (2)  prescribe the form and manner in which a plan must

106-24   be submitted;

106-25               (3)  adopt filing requirements and schedules; and

106-26               (4)  prescribe the methods by which an electric utility

106-27   may recover supply-side and demand-side costs.

 107-1         (c)  The commission by rule may:

 107-2               (1)  define the scope and nature of public

 107-3   participation in the development of the integrated resource plan;

 107-4   and

 107-5               (2)  establish the general guidelines an electric

 107-6   utility shall use to evaluate and to select or reject a resource,

 107-7   including procedures governing the solicitation process.  (V.A.C.S.

 107-8   Art. 1446c-0, Sec. 2.051(e).)

 107-9         Sec. 34.022.  CONTENTS OF PRELIMINARY INTEGRATED RESOURCE

107-10   PLAN.  (a)  A preliminary integrated resource plan must include:

107-11               (1)  the electric utility's forecast of future demands;

107-12               (2)  an estimate of the energy savings and demand

107-13   reduction the electric utility can achieve during the time covered

107-14   by the plan by use of demand-side management resources and the

107-15   range of possible costs for those resources;

107-16               (3)  if additional supply-side resources are needed to

107-17   meet future demand, an estimate of:

107-18                     (A)  the amount and operational characteristics

107-19   of the additional capacity needed;

107-20                     (B)  the types of viable supply-side resources

107-21   for meeting that need; and

107-22                     (C)  the range of probable costs of those

107-23   resources;

107-24               (4)  if necessary, proposed requests for proposals to

107-25   be used in a solicitation of demand-side or supply-side resources,

107-26   or both;

107-27               (5)  the specific criteria the electric utility will

 108-1   use to evaluate and to select or reject demand-side or supply-side

 108-2   resources;

 108-3               (6)  the methods by which the electric utility intends

 108-4   to monitor demand-side or supply-side resources, or both as

 108-5   appropriate, after selection;

 108-6               (7)  the method by which the electric utility intends

 108-7   to allocate costs;

 108-8               (8)  a description of how the electric utility will

 108-9   achieve equity among customer classes and provide demand-side

108-10   programs to each customer class, including tenants and low-income

108-11   ratepayers;

108-12               (9)  any proposed incentive factors; and

108-13               (10)  any other information the commission requires.

108-14         (b)  If the commission adopts under Section 34.021(c) the

108-15   general guidelines an electric utility shall use to evaluate and to

108-16   select or reject a resource, the specific criteria proposed by the

108-17   electric utility under Subsection (a)(5) may deviate from those

108-18   guidelines only on a showing of good cause.  (V.A.C.S.

108-19   Art. 1446c-0, Sec. 2.051(f).)

108-20         Sec. 34.023.  PUBLIC HEARING ON PRELIMINARY INTEGRATED

108-21   RESOURCE PLAN.  (a)  If a preliminary integrated resource plan

108-22   includes a proposed solicitation of demand-side or supply-side

108-23   resources, the commission, on its own motion or on the motion of

108-24   the electric utility or an affected person, may convene a public

108-25   hearing on the adequacy and merits of the plan.

108-26         (b)  Any interested person may intervene in the hearing and,

108-27   at the hearing, may present evidence and cross-examine witnesses

 109-1   regarding the contents and adequacy of the preliminary integrated

 109-2   resource plan.

 109-3         (c)  Discovery by a participant in the hearing is limited to:

 109-4               (1)  an issue relating to the development of the

 109-5   preliminary integrated resource plan;

 109-6               (2)  a fact issue included in the plan; and

 109-7               (3)  other issues the commission is required to decide

 109-8   relating to the plan.

 109-9         (d)  A hearing before the commission is not required for a

109-10   preliminary integrated resource plan filed by a river authority or

109-11   generating electric cooperative that does not intend to build a new

109-12   generating plant.  (V.A.C.S.  Art. 1446c-0, Sec. 2.051(h) (part).)

109-13         Sec. 34.024.  INTERIM ORDER ON PRELIMINARY INTEGRATED

109-14   RESOURCE PLAN; DEADLINE.  (a)  After conducting a hearing on a

109-15   preliminary integrated resource plan under Section 34.023, the

109-16   commission shall determine:

109-17               (1)  whether the plan is based on substantially

109-18   accurate data and an adequate method of forecasting;

109-19               (2)  whether the plan identifies and takes into account

109-20   any present and projected reduction in the demand for energy that

109-21   may result from cost-effective measures to improve conservation and

109-22   energy efficiency in various customer classes of the area being

109-23   served;

109-24               (3)  if additional supply-side resources are needed to

109-25   meet future demand, whether the plan adequately demonstrates:

109-26                     (A)  the amount and operational characteristics

109-27   of the additional capacity needed;

 110-1                     (B)  the types of viable supply-side resources

 110-2   for meeting that need; and

 110-3                     (C)  the range of probable costs of those

 110-4   resources;

 110-5               (4)  whether the plan describes opportunities for

 110-6   appropriate persons to participate in developing the plan;

 110-7               (5)  whether the specific criteria the electric utility

 110-8   will use to evaluate and to select or reject resources are

 110-9   reasonable and consistent with the guidelines of the integrated

110-10   resource planning process;

110-11               (6)  whether the cost allocation method proposed by the

110-12   electric utility is reasonable;

110-13               (7)  how the electric utility will achieve equity among

110-14   customer classes and provide demand-side programs to each customer

110-15   class, including tenants and low-income ratepayers; and

110-16               (8)  whether any incentive factors are appropriate and,

110-17   if so, the levels of the factors.

110-18         (b)  Not later than the 180th day after the date an electric

110-19   utility submits a preliminary integrated resource plan, the

110-20   commission shall issue an interim order approving the plan,

110-21   approving the plan as modified by the commission, or remanding the

110-22   plan for additional proceedings.  The commission may extend the

110-23   deadline for not more than 30 days for extenuating circumstances

110-24   encountered in the development and processing of the plan if the

110-25   circumstances are fully explained and agreed on by the

110-26   commissioners.  (V.A.C.S. Art. 1446c-0, Secs. 2.051(i), (j).)

110-27             (Sections 34.025-34.050 reserved for expansion)

 111-1                  SUBCHAPTER C.  RESOURCE SOLICITATION

 111-2         Sec. 34.051.  COMMENCEMENT OF SOLICITATION.  (a)  After the

 111-3   commission approves an electric utility's preliminary integrated

 111-4   resource plan, the utility shall conduct solicitations of

 111-5   demand-side and supply-side resources as prescribed by the plan.

 111-6         (b)  In addition to soliciting resources from a nonaffiliated

 111-7   third party, an electric utility may:

 111-8               (1)  prepare and submit a bid of a new utility

 111-9   demand-side management program as prescribed by Section 34.053;

111-10               (2)  receive bids from one or more affiliates; and

111-11               (3)  request a certificate of convenience and necessity

111-12   for a new rate-based generating plant.  (V.A.C.S. Art. 1446c-0,

111-13   Sec. 2.051(k).)

111-14         Sec. 34.052.  SUBMISSION OF BIDS; CONFIDENTIALITY.  (a)  Each

111-15   bidder under Section 34.051, including the electric utility

111-16   conducting the solicitation and each bidding affiliate, shall

111-17   submit two copies of its bid to the commission.  The commission

111-18   shall ensure that the electric utility has access to all bids at

111-19   the same time.

111-20         (b)  The commission shall keep a copy of each bid submitted

111-21   by the electric utility conducting the solicitation or a bidding

111-22   affiliate to determine whether the utility complied with the

111-23   criteria established for conducting the solicitation.

111-24         (c)  A bid submitted or retained under this section is

111-25   confidential and is not subject to disclosure under Chapter 552,

111-26   Government Code.  (V.A.C.S. Art. 1446c-0, Sec. 2.051(l).)

111-27         Sec. 34.053.  ELECTRIC UTILITY DEMAND-SIDE MANAGEMENT

 112-1   PROGRAMS.  (a)  An electric utility that intends to use a proposed

 112-2   demand-side management program to meet a need identified by the

 112-3   utility's preliminary integrated resource plan must prepare a bid

 112-4   reflecting that resource.

 112-5         (b)  A bid prepared by an electric utility under this section

 112-6   must comply with the solicitation, evaluation, selection, and

 112-7   rejection criteria specified by the utility's preliminary

 112-8   integrated resource plan.  The electric utility may not give

 112-9   preferential treatment or consideration to the bid.  (V.A.C.S.

112-10   Art. 1446c-0, Sec. 2.051(m).)

112-11         Sec. 34.054.  QUALIFYING FACILITY BIDS; AVOIDED COSTS.  (a)

112-12   The submission of a bid under this chapter by a qualifying

112-13   facility, regardless of whether the bid is accepted or rejected,

112-14   with respect to the capacity need for which the bid is submitted:

112-15               (1)  is a waiver by the qualifying facility of any

112-16   right it may otherwise have under law to sell capacity to the

112-17   electric utility;

112-18               (2)  represents the qualifying facility's agreement to

112-19   negotiate a rate for the purchase of capacity and terms relating to

112-20   the purchase that differ from the rate or terms that would

112-21   otherwise be required by 18 CFR Chapter I, Subchapter K, Part 292,

112-22   Subpart C; and

112-23               (3)  is a waiver by the qualifying facility of its

112-24   right to the rate or terms for a purchase of capacity by the

112-25   electric utility that might otherwise be required by 18 CFR Chapter

112-26   I, Subchapter K, Part 292, Subpart C.

112-27         (b)  The avoided capacity costs under 18 CFR Chapter I,

 113-1   Subchapter K, Part 292, Subpart C, of an electric utility that has

 113-2   submitted a preliminary integrated resource plan to the commission

 113-3   under this chapter is $0 and remains $0, with respect to any

 113-4   capacity needs shown in the preliminary plan or final plan that are

 113-5   to be satisfied by resources approved in the utility's final plan.

 113-6         (c)  This section does not affect the validity of a contract

 113-7   entered into between an electric utility and a qualifying facility

 113-8   for any purchase.  (V.A.C.S. Art. 1446c-0, Sec.  2.051(z).)

 113-9         Sec. 34.055.  EVALUATION OF BIDS;  NEGOTIATION OF CONTRACTS.

113-10   (a)  An electric utility shall evaluate each bid submitted,

113-11   including an affiliate bid, in accordance with the criteria

113-12   specified by the utility's preliminary integrated resource plan and

113-13   shall negotiate each necessary contract.

113-14         (b)  An electric utility is not required to accept a bid and

113-15   may reject any or all bids in accordance with the selection and

113-16   rejection criteria specified by the utility's preliminary

113-17   integrated resource plan.  (V.A.C.S. Art. 1446c-0, Sec.  2.051(n)

113-18   (part).)

113-19         Sec. 34.056.  APPLICATION FOR CERTIFICATE OF CONVENIENCE AND

113-20   NECESSITY FOR RESOURCE NOT INCLUDED IN PRELIMINARY PLAN.

113-21                   If the results of the solicitation and contract

113-22   negotiations do not meet the supply-side needs identified by the

113-23   electric utility's preliminary integrated resource plan, the

113-24   utility may apply for a certificate of convenience and necessity

113-25   for a utility-owned resource addition, notwithstanding that a

113-26   solicitation was conducted and the resource addition was not

113-27   included in the approved plan.  (V.A.C.S. Art. 1446c-0, Sec.

 114-1   2.051(n) (part).)

 114-2             (Sections 34.057-34.100 reserved for expansion)

 114-3              SUBCHAPTER D.  FINAL INTEGRATED RESOURCE PLAN

 114-4         Sec. 34.101.  SUBMISSION OF FINAL INTEGRATED RESOURCE PLAN.

 114-5   After conducting each solicitation and negotiating each contract,

 114-6   an electric utility shall submit a proposed final integrated

 114-7   resource plan to the commission.  The proposed plan must include:

 114-8               (1)  the results of each solicitation;

 114-9               (2)  any contracts for resources;

114-10               (3)  the terms under which the electric utility will

114-11   provide resources to meet a need identified by the preliminary

114-12   integrated resource plan, if the electric utility accepts a bid

114-13   submitted under Section 34.053; and

114-14               (4)  an application for a certificate of convenience

114-15   and necessity, if necessary.  (V.A.C.S.  Art. 1446c-0, Sec.

114-16   2.051(o).)

114-17         Sec. 34.102.  PUBLIC HEARING ON FINAL INTEGRATED RESOURCE

114-18   PLAN.  (a)  The commission, on request by an affected person, shall

114-19   convene a public hearing on the reasonableness and

114-20   cost-effectiveness of a proposed final integrated resource plan.

114-21   The commission shall convene the hearing, if requested, not later

114-22   than the 90th day after the date the electric utility files its

114-23   proposed plan.

114-24         (b)  Any interested person may intervene in the hearing and,

114-25   at the hearing, may present evidence and cross-examine witnesses

114-26   regarding the reasonableness and cost-effectiveness of the proposed

114-27   final integrated resource plan.

 115-1         (c)  A party to the hearing may not litigate or conduct

 115-2   discovery on an issue that was or could have been litigated in

 115-3   connection with the filing of the electric utility's preliminary

 115-4   integrated resource plan.

 115-5         (d)  To the extent permitted by federal law, the commission

 115-6   may issue a written order for access to the books, accounts,

 115-7   memoranda, contracts, or other records of an exempt wholesale

 115-8   generator or power marketer selling energy at wholesale to an

 115-9   electric utility, if access is required for the effective discharge

115-10   of the commission's regulatory responsibilities under this

115-11   subtitle.  The materials obtained by the commission under this

115-12   subsection are confidential and are not subject to disclosure under

115-13   Chapter 552, Government Code.  (V.A.C.S. Art. 1446c-0, Sec.

115-14   2.051(p).)

115-15         Sec. 34.103.  RULING ON FINAL INTEGRATED RESOURCE PLAN;

115-16   DEADLINE.  (a)  After conducting a hearing on a proposed final

115-17   integrated resource plan under Section 34.102, the commission shall

115-18   determine whether:

115-19               (1)  the final plan was developed in accordance with

115-20   the electric utility's preliminary integrated resource plan and

115-21   commission rules;

115-22               (2)  the resource solicitations, evaluations,

115-23   selections, and rejections were conducted in accordance with the

115-24   criteria included in the utility's preliminary plan;

115-25               (3)  the final plan is cost-effective;

115-26               (4)  the final plan is equitable among customer classes

115-27   and provides demand-side programs to each customer class, including

 116-1   tenants and low-income ratepayers;

 116-2               (5)  the commission should certify each contract and

 116-3   electric utility bid submitted under Section 34.053 that resulted

 116-4   from the solicitations; and

 116-5               (6)  the commission should grant a requested

 116-6   certificate of convenience and necessity for an electric

 116-7   utility-owned resource addition.

 116-8         (b)  Not later than the 180th day after the date an electric

 116-9   utility submits a proposed final integrated resource plan, the

116-10   commission shall issue a final order approving the plan, approving

116-11   the plan as modified by the commission, or remanding the plan for

116-12   additional proceedings.  (V.A.C.S. Art. 1446c-0, Secs. 2.051(q),

116-13   (t).)

116-14         Sec. 34.104.  CERTIFICATION OF CONTRACTS.  (a)  In

116-15   determining whether to certify a supply-side or demand-side

116-16   contract that results from a solicitation, the commission shall

116-17   consider:

116-18               (1)  the reliability, financial condition, and safety

116-19   of the resource contract; and

116-20               (2)  whether the solicitation, evaluation, and

116-21   selection of the resource contract was conducted in accordance with

116-22   the criteria included in the electric utility's preliminary

116-23   integrated resource plan.

116-24         (b)  In addition to the considerations in Subsection (a), if

116-25   a contract proposed for certification is between an electric

116-26   utility and its affiliate, the commission shall determine whether:

116-27               (1)  the utility treated and considered the affiliate's

 117-1   bid in the same manner it treated and considered each other bid

 117-2   intended to meet the same resource needs;

 117-3               (2)  the transaction will benefit consumers;

 117-4               (3)  the transaction violates any state law, including

 117-5   least-cost planning;

 117-6               (4)  the transaction provides the affiliate with an

 117-7   unfair competitive advantage by virtue of its affiliation or

 117-8   association with the utility;

 117-9               (5)  the transaction is in the public interest; and

117-10               (6)  the commission has sufficient regulatory

117-11   authority, resources, and access to the books and records of the

117-12   utility and its affiliate to make the determination required by

117-13   this subsection.

117-14         (c)  The commission may not certify a contract for a new

117-15   purchase of power by an electric utility unless the utility has

117-16   determined, after giving consideration to consistently applied

117-17   regional or national reliability standards, guidelines, or

117-18   criteria, that:

117-19               (1)  the contract would not unreasonably impair the

117-20   continued reliability of electric systems affected by the purchase;

117-21   and

117-22               (2)  the purchase can reasonably be expected to produce

117-23   benefits to customers of the purchasing utility.

117-24         (d)  Commission certification of a resource contract under

117-25   this section does not negate the necessity of the resource to

117-26   comply with all applicable environmental and siting regulations.

117-27         (e)  In establishing an electric utility's rates, a

 118-1   regulatory authority shall consider a payment made under a

 118-2   certified contract to be a reasonable and necessary operating

 118-3   expense of the utility during the period for which the certified

 118-4   contract is effective.  A regulatory authority may provide for

 118-5   monthly recovery of approved costs of the contract as those costs

 118-6   are incurred, including any markup allowed by the commission.

 118-7   (V.A.C.S. Art. 1446c-0, Sec. 2.051(r).)

 118-8         Sec. 34.105.  CERTIFICATE OF CONVENIENCE AND NECESSITY.  (a)

 118-9   In determining whether to grant a certificate of convenience and

118-10   necessity requested by an electric utility in the utility's

118-11   proposed final integrated resource plan, the commission shall

118-12   consider:

118-13               (1)  the effect of granting the certificate on the

118-14   recipient of the certificate and on any electric utility serving

118-15   the proximate area; and

118-16               (2)  other factors, such as:

118-17                     (A)  community values;

118-18                     (B)  recreational and park areas;

118-19                     (C)  historical and aesthetic values;

118-20                     (D)  environmental integrity; and

118-21                     (E)  the probable improvement of service or

118-22   lowering of cost to consumers in the area if the certificate is

118-23   granted.

118-24         (b)  The commission shall grant a requested certificate of

118-25   convenience and necessity as part of the commission's approval of a

118-26   final integrated resource plan if the commission finds that:

118-27               (1)  the proposed resource addition is necessary under

 119-1   the plan;

 119-2               (2)  the proposed resource addition is the best and

 119-3   most economical choice of technology for the service area; and

 119-4               (3)  cost-effective conservation and other

 119-5   cost-effective alternative energy sources cannot reasonably meet

 119-6   the need.  (V.A.C.S. Art. 1446c-0, Sec.  2.051(s).)

 119-7             (Sections 34.106-34.150 reserved for expansion)

 119-8           SUBCHAPTER E.  ACQUISITION OF RESOURCES OUTSIDE THE

 119-9                  INTEGRATED RESOURCE PLANNING PROCESS

119-10         Sec. 34.151.  EXEMPTIONS FROM SOLICITATION PROCESS.  (a)  The

119-11   commission shall adopt rules allowing an electric utility to add

119-12   new or incremental resources outside the solicitation process,

119-13   consistent with the utility's last approved integrated resource

119-14   planning goals, including resources listed in Subsection (b).

119-15         (b)  Consistent with an electric utility's last approved

119-16   integrated resource planning goals, if any, an electric utility,

119-17   including a nongenerating electric utility, may add new or

119-18   incremental resources outside the solicitation process, including:

119-19               (1)  contract renegotiation for existing capacity from

119-20   an electric cooperative or nonaffiliated power generating facility;

119-21               (2)  electric cooperative or nonaffiliated demand-side

119-22   management programs or renewable resources;

119-23               (3)  capacity purchases with two-year or shorter terms

119-24   from an electric cooperative or nonaffiliated power supplier;

119-25               (4)  capacity purchases necessary to satisfy

119-26   unanticipated emergency conditions;

119-27               (5)  the exercise of an option in a purchased power

 120-1   contract with an electric cooperative or nonaffiliated supplier;

 120-2   and

 120-3               (6)  renewable distributed resources, located at or

 120-4   near the point of consumption, if the resources are less costly

 120-5   than transmission extensions or upgrades.

 120-6         (c)  The addition of new or incremental resources by an

 120-7   electric utility under Subsection (b) does not require an amendment

 120-8   to the utility's integrated resource plan.  (V.A.C.S. Art. 1446c-0,

 120-9   Secs. 2.051(u), (x), (y).)

120-10         Sec. 34.152.  NONGENERATING ELECTRIC UTILITY SOLICITATIONS.

120-11   (a)  A nongenerating electric utility not planning to construct

120-12   generating facilities shall conduct a solicitation of resources if

120-13   the utility seeks to purchase from a wholesale power supplier other

120-14   than the utility's existing power supplier more than 25 percent of

120-15   the utility's peak demand or more than 70 megawatts.  A

120-16   nongenerating electric utility is not required to conduct a

120-17   solicitation for a purchase from an existing power supplier and the

120-18   utility may add new or incremental resources outside the

120-19   solicitation process as provided by Section 34.151.

120-20         (b)  The commission, on request by the nongenerating electric

120-21   utility, may review a proposed contract for resources resulting

120-22   from a solicitation to determine the contract's reasonableness.

120-23   The commission shall certify the proposed contract if the

120-24   commission finds that the contract is reasonable.  The commission

120-25   shall make its determination not later than the 90th day after the

120-26   date the proposed contract is submitted.

120-27         (c)  This section does not alter or amend a wholesale power

 121-1   supply contract executed before September 1, 1995.  (V.A.C.S.

 121-2   Art. 1446c-0, Sec.  2.051(bb) (part).)

 121-3         Sec. 34.153.  EXEMPTION FOR CERTAIN FACILITIES.  (a)  To

 121-4   provide for the orderly transition to an integrated resource

 121-5   planning process and to avoid delays in the construction of

 121-6   resources necessary to provide electric service, an integrated

 121-7   resource plan is not required for issuance of a certificate of

 121-8   convenience and necessity for the construction of a generating

 121-9   facility if:

121-10               (1)  the commission approved the electric utility's

121-11   notice of intent relating to the facility before September 1, 1995;

121-12               (2)  the electric utility has conducted a solicitation

121-13   for resources to meet the need identified by the utility's notice

121-14   of intent in accordance with commission rules in effect at the time

121-15   of the solicitation; and

121-16               (3)  the electric utility has submitted to the

121-17   commission the results of the solicitation and an application for

121-18   certification of the facility to meet the need identified by the

121-19   utility's notice of intent.

121-20         (b)  The commission shall grant a certificate of convenience

121-21   and necessity for a generating facility to which this section

121-22   applies if:

121-23               (1)  the facility is needed to meet future demand;

121-24               (2)  the facility is the best and most economical

121-25   choice of technology for the service area; and

121-26               (3)  cost-effective conservation and cost-effective

121-27   alternative energy sources cannot reasonably meet the need.

 122-1   (V.A.C.S. Art. 1446c-0, Sec. 2.051(dd).)

 122-2             (Sections 34.154-34.170 reserved for expansion)

 122-3                 SUBCHAPTER F.  MISCELLANEOUS PROVISIONS

 122-4         Sec. 34.171.  COST RECOVERY AND INCENTIVES.  In carrying out

 122-5   its duties related to the integrated resource planning process, the

 122-6   commission may:

 122-7               (1)  allow timely recovery of the reasonable costs of

 122-8   conservation, load management, and purchased power, notwithstanding

 122-9   Section 36.201; and

122-10               (2)  authorize additional incentives for conservation,

122-11   load management, purchased power, and renewable resources.

122-12   (V.A.C.S. Art. 1446c-0, Sec. 2.051(w) (part).)

122-13         Sec. 34.172.  RECONCILIATION OF RECOVERED COSTS.  (a)  To the

122-14   extent that the commission authorizes an electric utility to

122-15   recover the costs of demand-side management programs, conservation,

122-16   load management, or purchased power through cost recovery factors,

122-17   the commission shall make a final reconciliation of the costs

122-18   recovered through the cost recovery factors.

122-19         (b)  The commission shall adopt rules regarding:

122-20               (1)  the timing of reconciliations for each cost

122-21   recovery factor;

122-22               (2)  the information an electric utility must file in

122-23   support of each reconciliation; and

122-24               (3)  other matters necessary to accomplish the

122-25   reconciliation.

122-26         (c)  Each reconciliation must:

122-27               (1)  review the reasonableness of the electric

 123-1   utility's administration of the contracts and programs the costs of

 123-2   which are being reconciled; and

 123-3               (2)  reconcile the revenue collected under each cost

 123-4   recovery factor and the costs that the utility incurred on

 123-5   purchased power, demand-side management, conservation, or load

 123-6   management, as applicable, during the reconciliation period.

 123-7   (V.A.C.S. Art. 1446c-0, Sec. 2.051(cc).)

 123-8         Sec. 34.173.  RESOURCE PLANNING EXPENSES.  (a)  To the extent

 123-9   that an electric utility is required by the commission to reimburse

123-10   a municipality for expenses incurred while participating in a

123-11   proceeding under this chapter, the commission shall, as part of the

123-12   commission's approval of the utility's integrated resource plan,

123-13   authorize a surcharge to be included in the utility's rates to

123-14   allow the utility to recover the amount paid to the municipality

123-15   before the utility's next preliminary integrated resource plan is

123-16   filed.

123-17         (b)  An electric utility may recover its reasonable expenses

123-18   arising from planning, preparing, and participating in a proceeding

123-19   under this chapter only after commission review is conducted in

123-20   accordance with Subchapter C or D, Chapter 36.  (V.A.C.S.

123-21   Art. 1446c-0, Sec.  2.051(ee).)

123-22                CHAPTER 35.  ALTERNATIVE ENERGY PROVIDERS

123-23           SUBCHAPTER A.  COMPETITION AND TRANSMISSION ACCESS

123-24                         IN THE WHOLESALE MARKET

123-25   Sec. 35.001.  DEFINITION 

123-26   Sec. 35.002.  RIGHT TO COMPETE AT WHOLESALE 

123-27   Sec. 35.003.  PURCHASE FROM AFFILIATE; UNDUE PREFERENCE

 124-1                   PROHIBITED 

 124-2   Sec. 35.004.  PROVISION OF TRANSMISSION SERVICE 

 124-3   Sec. 35.005.  AUTHORITY TO ORDER TRANSMISSION SERVICE 

 124-4   Sec. 35.006.  RULES RELATED TO WHOLESALE TRANSMISSION SERVICE,

 124-5                   RATES, AND ACCESS 

 124-6   Sec. 35.007.  TARIFFS REQUIRED 

 124-7   Sec. 35.008.  ALTERNATIVE DISPUTE RESOLUTION 

 124-8   Sec. 35.0081.  REPORT TO LEGISLATURE CONCERNING STRANDED

 124-9                    COST 

124-10             (Sections 35.009-35.030 reserved for expansion)

124-11     SUBCHAPTER B.  EXEMPT WHOLESALE GENERATORS AND POWER MARKETERS

124-12   Sec. 35.031.  AUTHORITY TO OPERATE 

124-13   Sec. 35.032.  COMMISSION REGISTRATION AND REQUIRED REPORTS 

124-14   Sec. 35.033.  AFFILIATE WHOLESALE PROVIDER 

124-15   Sec. 35.034.  TRANSFER OF ASSETS 

124-16   Sec. 35.035.  VALUATION AND ACCOUNTING OF TRANSFERRED ASSETS 

124-17             (Sections 35.036-35.060 reserved for expansion)

124-18                  SUBCHAPTER C.  QUALIFYING FACILITIES

124-19   Sec. 35.061.  ENCOURAGEMENT OF ECONOMICAL PRODUCTION 

124-20   Sec. 35.062.  APPLICATION FOR CERTIFICATION 

124-21   Sec. 35.063.  HEARING 

124-22   Sec. 35.064.  CERTIFICATION STANDARDS 

124-23   Sec. 35.065.  DEADLINES FOR COMMISSION ACTION 

124-24   Sec. 35.066.  TERM OF CERTIFICATION 

124-25                CHAPTER 35.  ALTERNATIVE ENERGY PROVIDERS

124-26           SUBCHAPTER A.  COMPETITION AND TRANSMISSION ACCESS

124-27                         IN THE WHOLESALE MARKET

 125-1         Sec. 35.001.  DEFINITION.  In this subchapter, "electric

 125-2   utility" includes a municipally owned utility.  (V.A.C.S.

 125-3   Art. 1446c-0, Sec. 2.057(g).)

 125-4         Sec. 35.002.  RIGHT TO COMPETE AT WHOLESALE.  A provider of

 125-5   generation, including an electric utility affiliate, exempt

 125-6   wholesale generator, and qualifying facility, may compete for the

 125-7   business of selling power.  (V.A.C.S. Art. 1446c-0, Sec. 2.057(f)

 125-8   (part).)

 125-9         Sec. 35.003.  PURCHASE FROM AFFILIATE; UNDUE PREFERENCE

125-10   PROHIBITED.  (a)  An electric utility may purchase power from an

125-11   affiliate in accordance with this title.

125-12         (b)  An electric utility may not grant an undue preference to

125-13   a person in connection with the utility's purchase or sale of

125-14   electric energy at wholesale or other utility service.  (V.A.C.S.

125-15   Art. 1446c-0, Sec. 2.057(f) (part).)

125-16         Sec. 35.004.  PROVISION OF TRANSMISSION SERVICE.  (a)  An

125-17   electric utility that owns or operates transmission facilities

125-18   shall provide wholesale transmission service at rates and terms,

125-19   including terms of access, that are comparable to the rates and

125-20   terms of the utility's use of its system.

125-21         (b)  The commission shall ensure that an electric utility

125-22   provides nondiscriminatory access to transmission service for

125-23   qualifying facilities, exempt wholesale generators, power

125-24   marketers, and other electric utilities.

125-25         (c)  When an electric utility provides transmission service

125-26   at the request of a third party, the commission shall ensure that

125-27   the utility recovers the utility's reasonable costs in providing

 126-1   transmission services necessary for the transaction from the entity

 126-2   for which the transmission is provided so that the utility's other

 126-3   customers do not bear the costs of the service.  (V.A.C.S.

 126-4   Art. 1446c-0, Secs. 2.057(a) (part), (c).)

 126-5         Sec. 35.005.  AUTHORITY TO ORDER TRANSMISSION SERVICE.  (a)

 126-6   The commission may require an electric utility to provide

 126-7   transmission service at wholesale to another electric utility, a

 126-8   qualifying facility, an exempt wholesale generator, or a power

 126-9   marketer and may determine whether terms for the transmission

126-10   service are reasonable.

126-11         (b)  The commission may require transmission service at

126-12   wholesale, including the construction or enlargement of a facility,

126-13   in a proceeding not related to approval of an integrated resource

126-14   plan.

126-15         (c)  The commission may not issue a decision or rule relating

126-16   to transmission service that is contrary to an applicable decision,

126-17   rule, or policy statement of a federal regulatory agency having

126-18   jurisdiction.  (V.A.C.S. Art. 1446c-0, Sec. 2.056(a).)

126-19         Sec. 35.006.  RULES RELATED TO WHOLESALE TRANSMISSION

126-20   SERVICE, RATES, AND ACCESS.  (a)  The commission shall adopt rules

126-21   relating to wholesale transmission service, rates, and access.  The

126-22   rules:

126-23               (1)  must be consistent with the standards in this

126-24   subchapter;

126-25               (2)  may not be contrary to federal law, including any

126-26   applicable decision, rule, or policy statement of a federal

126-27   regulatory agency having jurisdiction;

 127-1               (3)  must require transmission services that are not

 127-2   less than the transmission services the Federal Energy Regulatory

 127-3   Commission may require in similar circumstances;

 127-4               (4)  must require that an electric utility provide all

 127-5   ancillary services associated with the utility's discounted

 127-6   wholesale sales at the same prices and under the same terms as the

 127-7   services are provided to a third person; and

 127-8               (5)  must require that an electric utility provide all

 127-9   ancillary services associated with the utility's discounted

127-10   wholesale sales to a third person on request.

127-11         (b)  The commission shall adopt rules relating to the

127-12   registration and reporting requirements of a qualifying facility,

127-13   exempt wholesale generator, and power marketer.  (V.A.C.S.

127-14   Art. 1446c-0, Secs. 2.057(a) (part), (b).)

127-15         Sec. 35.007.  TARIFFS REQUIRED.  (a)  Except as provided by

127-16   Subsection (b), an electric utility that owns or operates a

127-17   transmission facility shall file a tariff in compliance with

127-18   commission rules adopted under Section 35.006.

127-19         (b)  An electric utility is not required to file a tariff

127-20   under this section if the utility's terms for access and pricing

127-21   for wholesale transmission service are included in another electric

127-22   utility's tariff.

127-23         (c)  An electric utility shall file a tariff required by this

127-24   section with the appropriate state or federal regulatory agency

127-25   having jurisdiction over the utility's transmission service.

127-26   (V.A.C.S. Art. 1446c-0, Sec. 2.057(a) (part).)

127-27         Sec. 35.008.  ALTERNATIVE DISPUTE RESOLUTION.  The commission

 128-1   may require that each party to a dispute concerning prices or terms

 128-2   of wholesale transmission service engage in a nonbinding

 128-3   alternative dispute resolution process before seeking resolution of

 128-4   the dispute by the commission.  (V.A.C.S. Art. 1446c-0, Sec.

 128-5   2.057(d).)

 128-6         Sec. 35.0081.  REPORT TO LEGISLATURE CONCERNING STRANDED

 128-7   COST.  (a)  The commission shall report to the 75th Legislature on

 128-8   methods or procedures to quantify the magnitude of stranded

 128-9   investment, procedures for allocating costs, and acceptable methods

128-10   of recovering stranded costs.

128-11         (b)  This section expires January 12, 1999.  (V.A.C.S.

128-12   Art. 1446c-0, Sec.  2.057(e).)

128-13             (Sections 35.009-35.030 reserved for expansion)

128-14     SUBCHAPTER B.  EXEMPT WHOLESALE GENERATORS AND POWER MARKETERS

128-15         Sec. 35.031.  AUTHORITY TO OPERATE.  An exempt wholesale

128-16   generator or power marketer may sell electric energy only at

128-17   wholesale.  (V.A.C.S. Art. 1446c-0, Sec. 2.053(a).)

128-18         Sec. 35.032.  COMMISSION REGISTRATION AND REQUIRED REPORTS.

128-19   (a)  An exempt wholesale generator or power marketer that sells

128-20   electric energy in this state shall, not later than the 30th day

128-21   after the date it becomes subject to this section:

128-22               (1)  register with the commission; or

128-23               (2)  provide to the commission proof that it has

128-24   registered with the Federal Energy Regulatory Commission or has

128-25   been authorized by the Federal Energy Regulatory Commission to sell

128-26   electric energy at market-based rates.

128-27         (b)  The exempt wholesale generator or power marketer may

 129-1   register by filing with the commission:

 129-2               (1)  a description of the location of any facility used

 129-3   to provide service;

 129-4               (2)  a description of the type of service provided;

 129-5               (3)  a copy of any information filed with the Federal

 129-6   Energy Regulatory Commission in connection with registration with

 129-7   that commission; and

 129-8               (4)  other information required by commission rule.

 129-9         (c)  An exempt wholesale generator or power marketer required

129-10   to register under Subsection (a) shall file any report required by

129-11   commission rule.  (V.A.C.S. Art. 1446c-0, Secs. 2.053(b), (c).)

129-12         Sec. 35.033.  AFFILIATE WHOLESALE PROVIDER.  An affiliate of

129-13   an electric utility may be an exempt wholesale generator or power

129-14   marketer and may sell electric energy to its affiliated electric

129-15   utility in accordance with Chapter 34 and other laws governing

129-16   wholesale sales of electric energy.  (V.A.C.S. Art. 1446c-0, Sec.

129-17   2.054(a).)

129-18         Sec. 35.034.  TRANSFER OF ASSETS.  (a)  Unless an electric

129-19   utility receives commission approval under Subsection (b), the

129-20   utility may not sell or transfer a facility to an affiliate or

129-21   otherwise consider the facility to be an eligible facility as

129-22   defined by federal law if on May 27, 1995, the utility had a rate

129-23   or charge in effect:

129-24               (1)  for or in connection with the construction of the

129-25   facility;

129-26               (2)  for electric energy produced by the construction

129-27   of the facility; or

 130-1               (3)  for electric energy produced by the facility other

 130-2   than a portion of a rate or charge that represents recovery of the

 130-3   cost of a wholesale rate or charge.

 130-4         (b)  The commission, after notice and hearing, may allow an

 130-5   electric utility to sell or transfer a facility governed by

 130-6   Subsection (a) to an affiliate or otherwise allow the facility to

 130-7   become an eligible facility only if the transaction:

 130-8               (1)  will benefit ratepayers of the utility making the

 130-9   sale or transfer;

130-10               (2)  is in the public interest; and

130-11               (3)  otherwise complies with state law.  (V.A.C.S.

130-12   Art. 1446c-0, Sec. 2.054(b).)

130-13         Sec. 35.035.  VALUATION AND ACCOUNTING OF TRANSFERRED ASSETS.

130-14   (a)  A transfer of assets from an electric utility to an affiliated

130-15   exempt wholesale generator or power marketer shall be valued at the

130-16   greater of net book cost or fair market value.

130-17         (b)  A transfer of assets from an exempt wholesale generator

130-18   or power marketer to an affiliated electric utility shall be valued

130-19   at the lesser of net book cost or fair market value.

130-20         (c)  At the time that a transfer of assets between an

130-21   electric utility and an affiliated exempt wholesale generator or

130-22   power marketer is approved, the commission shall order the utility

130-23   to adjust its rates so that the utility's tariffs reflect benefits

130-24   from the proceeds of the sale and exclude any costs associated with

130-25   the transferred facility.  (V.A.C.S. Art. 1446c-0, Sec. 2.054(c).)

130-26             (Sections 35.036-35.060 reserved for expansion)

 131-1                  SUBCHAPTER C.  QUALIFYING FACILITIES

 131-2         Sec. 35.061.  ENCOURAGEMENT OF ECONOMICAL PRODUCTION.  The

 131-3   commission shall adopt and enforce rules to encourage the

 131-4   economical production of electric energy by qualifying facilities.

 131-5   (V.A.C.S. Art. 1446c-0, Sec. 2.052(a).)

 131-6         Sec. 35.062.  APPLICATION FOR CERTIFICATION.  (a)  An

 131-7   electric utility or a qualifying facility may submit to the

 131-8   commission for certification a copy of an agreement between the

 131-9   utility and facility for the purchase of capacity.

131-10         (b)  An agreement submitted for certification under this

131-11   section may provide that the agreement is contingent on

131-12   certification by the commission.  (V.A.C.S. Art. 1446c-0, Sec.

131-13   2.209(b) (part).)

131-14         Sec. 35.063.  HEARING.  (a)  The commission, on its own

131-15   motion or on the request of a party to the agreement or another

131-16   affected person, may conduct a hearing on an agreement for which

131-17   certification is sought under Section 35.062.

131-18         (b)  A request for a hearing or a commission decision to hold

131-19   a hearing must be made not later than the 90th day after the date

131-20   the agreement is submitted to the commission.  (V.A.C.S.

131-21   Art. 1446c-0, Sec. 2.209(d) (part).)

131-22         Sec. 35.064.  CERTIFICATION STANDARDS.  The commission shall

131-23   certify an agreement submitted under Section 35.062 if the

131-24   agreement:

131-25               (1)  provides for payments over the contract term that

131-26   are equal to or less than the electric utility's avoided costs, as

131-27   established by the commission and in effect at the time the

 132-1   agreement was signed; and

 132-2               (2)  provides the electric utility the opportunity to

 132-3   acquire the cogeneration or small-power production installation

 132-4   before the installation is offered to another purchaser or provides

 132-5   other sufficient assurance that the electric utility will be

 132-6   provided with a comparable supply of electricity, if the qualifying

 132-7   facility ceases to operate the installation.  (V.A.C.S.

 132-8   Art. 1446c-0, Secs. 2.209(b) (part), (c) (part).)

 132-9         Sec. 35.065.  DEADLINES FOR COMMISSION ACTION.  (a)  Except

132-10   as provided by Subsection (b), the commission shall make its

132-11   determination regarding whether a certification should be granted

132-12   under Section 35.064 not later than the 90th day after the date the

132-13   agreement is submitted.

132-14         (b)  If a hearing is held under Section 35.063, the

132-15   commission shall make its determination regarding whether a

132-16   certification should be granted not later than the 120th day after

132-17   the date the agreement is submitted, except that this deadline is

132-18   extended by two days for each day in excess of five days on which

132-19   the commission conducts a hearing on the merits of the

132-20   certification.

132-21         (c)  If the commission does not make a determination by the

132-22   date provided by Subsection (a) or (b), as applicable, the

132-23   agreement is considered to meet the requirements of Section 35.064

132-24   and the certification is considered granted.  (V.A.C.S.

132-25   Art. 1446c-0, Secs. 2.209(c) (part), (d) (part).)

132-26         Sec. 35.066.  TERM OF CERTIFICATION.  A certification of an

132-27   agreement granted under this subchapter is effective until the

 133-1   earlier of:

 133-2               (1)  the expiration date of the agreement; or

 133-3               (2)  the 15th anniversary of the date of the

 133-4   certification.  (V.A.C.S.  Art. 1446c-0, Sec. 2.209(c) (part).)

 133-5                           CHAPTER 36.  RATES

 133-6                    SUBCHAPTER A.  GENERAL PROVISIONS

 133-7   Sec. 36.001.  AUTHORIZATION TO ESTABLISH AND REGULATE RATES 

 133-8   Sec. 36.002.  COMPLIANCE WITH TITLE 

 133-9   Sec. 36.003.  JUST AND REASONABLE RATES 

133-10   Sec. 36.004.  EQUALITY OF RATES AND SERVICES 

133-11   Sec. 36.005.  RATES FOR AREA NOT IN MUNICIPALITY 

133-12   Sec. 36.006.  BURDEN OF PROOF 

133-13   Sec. 36.007.  DISCOUNTED WHOLESALE OR RETAIL RATES 

133-14   Sec. 36.008.  STATE TRANSMISSION SYSTEM 

133-15             (Sections 36.009-36.050 reserved for expansion)

133-16                   SUBCHAPTER B.  COMPUTATION OF RATES

133-17   Sec. 36.051.  ESTABLISHING OVERALL REVENUES 

133-18   Sec. 36.052.  ESTABLISHING REASONABLE RETURN 

133-19   Sec. 36.053.  COMPONENTS OF INVESTED CAPITAL 

133-20   Sec. 36.054.  CONSTRUCTION WORK IN PROGRESS 

133-21   Sec. 36.055.  SEPARATIONS AND ALLOCATIONS 

133-22   Sec. 36.056.  DEPRECIATION, AMORTIZATION, AND DEPLETION 

133-23   Sec. 36.057.  NET INCOME; DETERMINATION OF REVENUES

133-24                   AND EXPENSES 

133-25   Sec. 36.058.  CONSIDERATION OF PAYMENT TO AFFILIATE 

133-26   Sec. 36.059.  TREATMENT OF CERTAIN TAX BENEFITS 

133-27   Sec. 36.060.  CONSOLIDATED INCOME TAX RETURNS 

 134-1   Sec. 36.061.  ALLOWANCE OF CERTAIN EXPENSES 

 134-2   Sec. 36.062.  CONSIDERATION OF CERTAIN EXPENSES 

 134-3   Sec. 36.063.  CONSIDERATION OF PROFIT OR LOSS FROM SALE OR

 134-4                   LEASE OF MERCHANDISE 

 134-5   Sec. 36.064.  SELF-INSURANCE 

 134-6             (Sections 36.065-36.100 reserved for expansion)

 134-7           SUBCHAPTER C.  GENERAL PROCEDURES FOR RATE CHANGES

 134-8                           PROPOSED BY UTILITY

 134-9   Sec. 36.101.  DEFINITION 

134-10   Sec. 36.102.  STATEMENT OF INTENT TO CHANGE RATES 

134-11   Sec. 36.103.  NOTICE OF INTENT TO CHANGE RATES 

134-12   Sec. 36.104.  EARLY EFFECTIVE DATE OF RATE CHANGE 

134-13   Sec. 36.105.  DETERMINATION OF PROPRIETY OF RATE

134-14                   CHANGE; HEARING 

134-15   Sec. 36.106.  REGIONAL HEARING 

134-16   Sec. 36.107.  PREFERENCE TO HEARING 

134-17   Sec. 36.108.  RATE SUSPENSION; DEADLINE 

134-18   Sec. 36.109.  TEMPORARY RATES 

134-19   Sec. 36.110.  BONDED RATES 

134-20   Sec. 36.111.  ESTABLISHMENT OF FINAL RATES 

134-21             (Sections 36.112-36.150 reserved for expansion)

134-22      SUBCHAPTER D.  RATE CHANGES PROPOSED BY REGULATORY AUTHORITY

134-23   Sec. 36.151.  UNREASONABLE OR VIOLATIVE EXISTING RATES 

134-24   Sec. 36.152.  INVESTIGATING COSTS OF OBTAINING SERVICE FROM

134-25                   ANOTHER SOURCE 

134-26   Sec. 36.153.  RATE-FILING PACKAGE 

134-27   Sec. 36.154.  DEADLINE 

 135-1   Sec. 36.155.  INTERIM ORDER ESTABLISHING TEMPORARY RATES 

 135-2   Sec. 36.156.  AUTOMATIC TEMPORARY RATES 

 135-3             (Sections 36.157-36.200 reserved for expansion)

 135-4            SUBCHAPTER E.  COST RECOVERY AND RATE ADJUSTMENT

 135-5   Sec. 36.201.  AUTOMATIC ADJUSTMENT FOR CHANGES IN COSTS 

 135-6   Sec. 36.202.  ADJUSTMENT FOR CHANGE IN TAX LIABILITY 

 135-7   Sec. 36.203.  FUEL COST RECOVERY; ADJUSTMENT OF FUEL

 135-8                   FACTOR 

 135-9   Sec. 36.204.  COST RECOVERY AND INCENTIVES 

135-10   Sec. 36.205.  PURCHASED POWER COST RECOVERY 

135-11   Sec. 36.206.  MARK-UPS 

135-12   Sec. 36.207.  USE OF MARK-UPS 

135-13   Sec. 36.208.  PAYMENT TO QUALIFYING FACILITY 

135-14             (Sections 36.209-36.250 reserved for expansion)

135-15           SUBCHAPTER F.  PARTIAL RATE DEREGULATION AVAILABLE

135-16                         TO CERTAIN COOPERATIVES

135-17   Sec. 36.251.  ELECTRIC COOPERATIVE EXEMPTION 

135-18   Sec. 36.252.  ELECTION ON EXEMPTION 

135-19   Sec. 36.253.  EFFECT OF ELECTION 

135-20   Sec. 36.254.  APPLICATION OF OTHER PROVISIONS 

135-21   Sec. 36.255.  SUBSEQUENT ELECTION; REVOCATION 

135-22             (Sections 36.256-36.300 reserved for expansion)

135-23                 SUBCHAPTER G.  RATE CHANGES BY CERTAIN

135-24                          ELECTRIC COOPERATIVES

135-25   Sec. 36.301.  APPLICATION OF SUBCHAPTER 

135-26   Sec. 36.302.  METHODS OF CHANGING RATES 

135-27   Sec. 36.303.  CONTENTS OF NOTICE 

 136-1   Sec. 36.304.  ACCESS TO WRITTEN OPPOSITION 

 136-2   Sec. 36.305.  TARIFFS; EFFECTIVE DATE OF RATE CHANGES 

 136-3   Sec. 36.306.  DISCOUNTED RATES 

 136-4   Sec. 36.307.  COMMISSION REVIEW 

 136-5   Sec. 36.308.  REVIEW REQUESTED BY COOPERATIVE MEMBER OR

 136-6                   COMMISSION 

 136-7   Sec. 36.309.  REVIEW REQUESTED BY AFFECTED ELECTRIC UTILITY 

 136-8             (Sections 36.310-36.350 reserved for expansion)

 136-9             SUBCHAPTER H.  RATES FOR GOVERNMENTAL ENTITIES

136-10   Sec. 36.351.  DISCOUNTED RATES FOR CERTAIN INSTITUTIONS OF

136-11                   HIGHER EDUCATION 

136-12   Sec. 36.352.  SPECIAL RATE CLASS 

136-13   Sec. 36.353.  PAYMENT IN LIEU OF TAX 

136-14                           CHAPTER 36.  RATES

136-15                    SUBCHAPTER A.  GENERAL PROVISIONS

136-16         Sec. 36.001.  AUTHORIZATION TO ESTABLISH AND REGULATE RATES.

136-17   (a)  The regulatory authority may establish and regulate rates of

136-18   an electric utility and may adopt rules for determining:

136-19               (1)  the classification of customers and services; and

136-20               (2)  the applicability of rates.

136-21         (b)  A rule or order of the regulatory authority may not

136-22   conflict with a ruling of a federal regulatory body.  (V.A.C.S.

136-23   Art. 1446c-0, Sec. 2.201.)

136-24         Sec. 36.002.  COMPLIANCE WITH TITLE.  An electric utility may

136-25   not charge or receive a rate for utility service except as provided

136-26   by this title.  (V.A.C.S. Art. 1446c-0, Sec. 2.153 (part).)

136-27         Sec. 36.003.  JUST AND REASONABLE RATES.  (a)  The regulatory

 137-1   authority shall ensure that each rate an electric utility or two or

 137-2   more electric utilities jointly make, demand, or receive is just

 137-3   and reasonable.

 137-4         (b)  A rate may not be unreasonably preferential,

 137-5   prejudicial, or discriminatory but must be sufficient, equitable,

 137-6   and consistent in application to each class of consumer.

 137-7         (c)  An electric utility may not:

 137-8               (1)  grant an unreasonable preference or advantage

 137-9   concerning rates to a person in a classification;

137-10               (2)  subject a person in a classification to an

137-11   unreasonable prejudice or disadvantage concerning rates; or

137-12               (3)  establish or maintain an unreasonable difference

137-13   concerning rates between localities or between classes of service.

137-14         (d)  In establishing an electric utility's rates, the

137-15   commission may treat as a single class two or more municipalities

137-16   that an electric utility serves if the commission considers that

137-17   treatment to be appropriate.

137-18         (e)  A charge to an individual customer for retail or

137-19   wholesale electric service that is less than the rate approved by

137-20   the regulatory authority does not constitute an impermissible

137-21   difference, preference, or advantage.  (V.A.C.S. Art. 1446c-0,

137-22   Secs. 2.202, 2.214 (part).)

137-23         Sec. 36.004.  EQUALITY OF RATES AND SERVICES.  (a)  An

137-24   electric utility may not directly or indirectly charge, demand, or

137-25   receive from a person a greater or lesser compensation for a

137-26   service provided or to be provided by the utility than the

137-27   compensation prescribed by the applicable tariff filed under

 138-1   Section 32.101.

 138-2         (b)  A person may not knowingly receive or accept a service

 138-3   from an electric utility for a compensation greater or less than

 138-4   the compensation prescribed by the tariff.

 138-5         (c)  Notwithstanding Subsections (a) and (b), an electric

 138-6   utility may charge an individual customer for wholesale or retail

 138-7   electric service in accordance with Section 36.007.

 138-8         (d)  This title does not prevent a cooperative corporation

 138-9   from returning to its members net earnings resulting from its

138-10   operations in proportion to the members' purchases from or through

138-11   the corporation.  (V.A.C.S. Art. 1446c-0, Secs. 2.215(a), (b).)

138-12         Sec. 36.005.  RATES FOR AREA NOT IN MUNICIPALITY.  Without

138-13   the approval of the commission, an electric utility's rates for an

138-14   area not in a municipality may not exceed 115 percent of the

138-15   average of all rates for similar services for all municipalities

138-16   served by the same utility in the same county as that area.

138-17   (V.A.C.S. Art. 1446c-0, Sec. 2.213.)

138-18         Sec. 36.006.  BURDEN OF PROOF.  In a proceeding involving a

138-19   proposed rate change, the electric utility has the burden of

138-20   proving that:

138-21               (1)  the rate change is just and reasonable, if the

138-22   utility proposes the change; or

138-23               (2)  an existing rate is just and reasonable, if the

138-24   proposal is to reduce the rate.  (V.A.C.S. Art. 1446c-0, Sec.

138-25   2.204.)

138-26         Sec. 36.007.  DISCOUNTED WHOLESALE OR RETAIL RATES.  (a)  On

138-27   application by an electric utility, a regulatory authority may

 139-1   approve wholesale or retail tariffs or contracts containing charges

 139-2   that are less than rates approved by the regulatory authority but

 139-3   not less than the utility's marginal cost.  The charges must be in

 139-4   accordance with the principles of this title and may not be

 139-5   unreasonably preferential, prejudicial, discriminatory, predatory,

 139-6   or anticompetitive.

 139-7         (b)  The method for computing the marginal cost of the

 139-8   electric utility consists of energy and capacity components.  The

 139-9   energy component includes variable operation and maintenance

139-10   expense and marginal fuel or the energy component of purchased

139-11   power.  The capacity component is based on the annual economic

139-12   value of deferring, accelerating, or avoiding the next increment of

139-13   needed capacity, without regard to whether the capacity is

139-14   purchased or built.

139-15         (c)  The commission shall ensure that the method for

139-16   determining marginal cost is consistently applied among utilities

139-17   but may recognize the individual load and resource requirements of

139-18   the electric utility.

139-19         (d)  Notwithstanding any other provision of this title, the

139-20   commission shall ensure that the electric utility's allocable costs

139-21   of serving customers paying discounted rates under this section are

139-22   not borne by the utility's other customers.  (V.A.C.S.

139-23   Art. 1446c-0, Secs. 2.001(b), (c), (d) (part), 2.052(b), (c).)

139-24         Sec. 36.008.  STATE TRANSMISSION SYSTEM.  In establishing

139-25   rates for an electric utility not required to file an integrated

139-26   resource plan, the commission may review the state's transmission

139-27   system and make recommendations to the utility on the need to build

 140-1   new power lines, upgrade power lines, and make other necessary

 140-2   improvements and additions.  (V.A.C.S. Art. 1446c-0, Sec. 2.051(w)

 140-3   (part).)

 140-4             (Sections 36.009-36.050 reserved for expansion)

 140-5                   SUBCHAPTER B.  COMPUTATION OF RATES

 140-6         Sec. 36.051.  ESTABLISHING OVERALL REVENUES.  In establishing

 140-7   an electric utility's rates, the regulatory authority shall

 140-8   establish the utility's overall revenues at an amount that will

 140-9   permit the utility a reasonable opportunity to earn a reasonable

140-10   return on the utility's invested capital used and useful in

140-11   providing service to the public in excess of the utility's

140-12   reasonable and necessary operating expenses.  (V.A.C.S.

140-13   Art. 1446c-0, Sec. 2.203(a).)

140-14         Sec. 36.052.  ESTABLISHING REASONABLE RETURN.  In

140-15   establishing a reasonable return on invested capital, the

140-16   regulatory authority shall consider applicable factors, including:

140-17               (1)  the efforts of the electric utility to comply with

140-18   its most recently approved integrated resource plan;

140-19               (2)  the efforts and achievements of the utility in

140-20   conserving resources;

140-21               (3)  the quality of the utility's services;

140-22               (4)  the efficiency of the utility's operations; and

140-23               (5)  the quality of the utility's management.

140-24   (V.A.C.S. Art. 1446c-0, Sec. 2.203(b).)

140-25         Sec. 36.053.  COMPONENTS OF INVESTED CAPITAL.  (a)  Electric

140-26   utility rates shall be based on the original cost, less

140-27   depreciation, of property used by and useful to the utility in

 141-1   providing service.

 141-2         (b)  The original cost of property shall be determined at the

 141-3   time the property is dedicated to public use, whether by the

 141-4   utility that is the present owner or by a predecessor.

 141-5         (c)  In this section, the term "original cost" means the

 141-6   actual money cost or the actual money value of consideration paid

 141-7   other than money.  (V.A.C.S. Art. 1446c-0, Secs. 2.206(a) (part),

 141-8   (c).)

 141-9         Sec. 36.054.  CONSTRUCTION WORK IN PROGRESS.  (a)

141-10   Construction work in progress, at cost as recorded on the electric

141-11   utility's books, may be included in the utility's rate base.  The

141-12   inclusion of construction work in progress is an exceptional form

141-13   of rate relief that the regulatory authority may grant only if the

141-14   utility demonstrates that inclusion is necessary to the utility's

141-15   financial integrity.

141-16         (b)  Construction work in progress may not be included in the

141-17   rate base for a major project under construction to the extent that

141-18   the project has been inefficiently or imprudently planned or

141-19   managed.  (V.A.C.S. Art. 1446c-0, Secs.  2.206(a) (part), (b).)

141-20         Sec. 36.055.  SEPARATIONS AND ALLOCATIONS.  Costs of

141-21   facilities, revenues, expenses, taxes, and reserves shall be

141-22   separated or allocated as prescribed by the regulatory authority.

141-23   (V.A.C.S. Art. 1446c-0, Sec. 2.207.)

141-24         Sec. 36.056.  DEPRECIATION, AMORTIZATION, AND DEPLETION.  (a)

141-25   The commission shall establish proper and adequate rates and

141-26   methods of depreciation, amortization, or depletion for each class

141-27   of property of an electric or municipally owned utility.

 142-1         (b)  The rates and methods established under this section and

 142-2   the depreciation account required by Section 32.102 shall be used

 142-3   uniformly and consistently throughout rate-setting and appeal

 142-4   proceedings.  (V.A.C.S. Art. 1446c-0, Secs. 2.151(a) (part), (d).)

 142-5         Sec. 36.057.  NET INCOME; DETERMINATION OF REVENUES AND

 142-6   EXPENSES.  (a)  An electric utility's net income is the total

 142-7   revenues of the utility less all reasonable and necessary expenses

 142-8   as determined by the regulatory authority.

 142-9         (b)  The regulatory authority shall determine revenues and

142-10   expenses in a manner consistent with this subchapter.

142-11         (c)  The regulatory authority may adopt reasonable rules with

142-12   respect to whether an expense is allowed for ratemaking purposes.

142-13   (V.A.C.S. Art. 1446c-0, Secs. 2.208(a), (e).)

142-14         Sec. 36.058.  CONSIDERATION OF PAYMENT TO AFFILIATE.  (a)

142-15   Except as provided by Subsection (b), the regulatory authority may

142-16   not allow as capital cost or as expense a payment to an affiliate

142-17   for:

142-18               (1)  the cost of a service, property, right, or other

142-19   item; or

142-20               (2)  interest expense.

142-21         (b)  The regulatory authority may allow a payment described

142-22   by Subsection (a) only to the extent that the regulatory authority

142-23   finds the payment is reasonable and necessary for each item or

142-24   class of items as determined by the commission.

142-25         (c)  A finding under Subsection (b) must include:

142-26               (1)  a specific finding of the reasonableness and

142-27   necessity of each item or class of items allowed; and

 143-1               (2)  a finding that the price to the electric utility

 143-2   is not higher than the prices charged by the supplying affiliate to

 143-3   its other affiliates or divisions or to a nonaffiliated person for

 143-4   the same item or class of items.

 143-5         (d)  In making a finding regarding an affiliate transaction,

 143-6   including an affiliate transaction subject to Chapter 34, the

 143-7   regulatory authority shall:

 143-8               (1)  determine the extent to which the conditions and

 143-9   circumstances of that transaction are reasonably comparable

143-10   relative to quantity, terms, date of contract, and place of

143-11   delivery; and

143-12               (2)  allow for appropriate differences based on that

143-13   determination.

143-14         (e)  This section does not require a finding to be made

143-15   before payments made by an electric utility to an affiliate are

143-16   included in the utility's charges to consumers if there is a

143-17   mechanism for making the charges subject to refund pending the

143-18   making of the finding.  (V.A.C.S. Art. 1446c-0, Sec. 2.208(b).)

143-19         Sec. 36.059.  TREATMENT OF CERTAIN TAX BENEFITS.  (a)  In

143-20   determining the allocation of tax savings derived from liberalized

143-21   depreciation and amortization, the investment tax credit, and the

143-22   application of similar methods, the regulatory authority shall:

143-23               (1)  balance equitably the interests of present and

143-24   future customers; and

143-25               (2)  apportion accordingly the benefits between

143-26   consumers and the electric or municipally owned utility.

143-27         (b)  If an electric utility or a municipally owned utility

 144-1   retains a portion of the investment tax credit, that portion shall

 144-2   be deducted from the original cost of the facilities or other

 144-3   addition to the rate base to which the credit applied to the extent

 144-4   allowed by the Internal Revenue Code.  (V.A.C.S.  Art. 1446c-0,

 144-5   Secs. 2.151(c), (d).)

 144-6         Sec. 36.060.  CONSOLIDATED INCOME TAX RETURNS.  (a)  Unless

 144-7   it is shown to the satisfaction of the regulatory authority that it

 144-8   was reasonable to choose not to consolidate returns, an electric

 144-9   utility's income taxes shall be computed as though a consolidated

144-10   return had been filed and the utility had realized its fair share

144-11   of the savings resulting from that return, if:

144-12               (1)  the utility is a member of an affiliated group

144-13   eligible to file a consolidated income tax return; and

144-14               (2)  it is advantageous to the utility to do so.

144-15         (b)  The amount of income tax that a consolidated group of

144-16   which an electric utility is a member saves, because the

144-17   consolidated return eliminates the intercompany profit on purchases

144-18   by the utility from an affiliate, shall be applied to reduce the

144-19   cost of the property or service purchased from the affiliate.

144-20         (c)  The investment tax credit allowed against federal income

144-21   taxes, to the extent retained by the electric utility, shall be

144-22   applied as a reduction in the rate-based contribution of the assets

144-23   to which the credit applies, to the extent and at the rate allowed

144-24   by the Internal Revenue Code.  (V.A.C.S. Art. 1446c-0, Sec.

144-25   2.208(c).)

144-26         Sec. 36.061.  ALLOWANCE OF CERTAIN EXPENSES.  (a)  The

144-27   regulatory authority may not allow as a cost or expense for

 145-1   ratemaking purposes:

 145-2               (1)  an expenditure for legislative advocacy; or

 145-3               (2)  an expenditure described by Section 32.104 that

 145-4   the regulatory authority determines to be not in the public

 145-5   interest.

 145-6         (b)  The regulatory authority may allow as a cost or expense:

 145-7               (1)  reasonable charitable or civic contributions not

 145-8   to exceed the amount approved by the regulatory authority; and

 145-9               (2)  reasonable costs of participating in a proceeding

145-10   under this title not to exceed the amount approved by the

145-11   regulatory authority.  (V.A.C.S.  Art. 1446c-0, Secs. 2.152(b),

145-12   (c), (d), (e).)

145-13         Sec. 36.062.  CONSIDERATION OF CERTAIN EXPENSES.  The

145-14   regulatory authority may not consider for ratemaking purposes:

145-15               (1)  an expenditure for legislative advocacy, made

145-16   directly or indirectly, including legislative advocacy expenses

145-17   included in trade association dues;

145-18               (2)  a payment made to cover costs of an accident,

145-19   equipment failure, or negligence at a utility facility owned by a

145-20   person or governmental entity not selling power in this state,

145-21   other than a payment made under an insurance or risk-sharing

145-22   arrangement executed before the date of loss;

145-23               (3)  an expenditure for costs of processing a refund or

145-24   credit under Section 36.110; or

145-25               (4)  any other expenditure, including an executive

145-26   salary, advertising expense, legal expense, or civil penalty or

145-27   fine, the regulatory authority finds to be unreasonable,

 146-1   unnecessary, or not in the public interest.  (V.A.C.S.

 146-2   Art. 1446c-0, Sec. 2.208(d).)

 146-3         Sec. 36.063.  CONSIDERATION OF PROFIT OR LOSS FROM SALE OR

 146-4   LEASE OF MERCHANDISE.  In establishing an electric or municipally

 146-5   owned utility's rates, the regulatory authority may not consider

 146-6   any profit or loss that results from the sale or lease of

 146-7   merchandise, including appliances, fixtures, or equipment, to the

 146-8   extent that merchandise is not integral to providing utility

 146-9   service.  (V.A.C.S.  Art. 1446c-0, Secs. 2.151(b) (part), (d).)

146-10         Sec. 36.064.  SELF-INSURANCE.  (a)  An electric utility may

146-11   self-insure all or part of the utility's potential liability or

146-12   catastrophic property loss, including windstorm, fire, and

146-13   explosion losses, that could not have been reasonably anticipated

146-14   and included under operating and maintenance expenses.

146-15         (b)  The commission shall approve a self-insurance plan under

146-16   this section if the commission finds that:

146-17               (1)  the coverage is in the public interest;

146-18               (2)  the plan, considering all costs, is a lower cost

146-19   alternative to purchasing commercial insurance; and

146-20               (3)  ratepayers will receive the benefits of the

146-21   savings.

146-22         (c)  In computing an electric utility's reasonable and

146-23   necessary expenses under this subchapter, the regulatory authority,

146-24   to the extent the regulatory authority finds is in the public

146-25   interest, shall allow as a necessary expense the money credited to

146-26   a reserve account for self-insurance.  The regulatory authority

146-27   shall determine reasonableness under this subsection:

 147-1               (1)  from information provided at the time the

 147-2   self-insurance plan and reserve account are established; and

 147-3               (2)  on the filing of a rate case by an electric

 147-4   utility that has a reserve account.

 147-5         (d)  After a reserve account for self-insurance is

 147-6   established, the regulatory authority shall:

 147-7               (1)  determine whether the reserve account has a

 147-8   surplus or shortage under Subsection (e); and

 147-9               (2)  subtract any surplus from or add any shortage to

147-10   the utility's rate base.

147-11         (e)  A surplus in the reserve account exists if the charges

147-12   against the account are less than the money credited to the

147-13   account.  A shortage in the reserve account exists if the charges

147-14   against the account are greater than the money credited to the

147-15   account.

147-16         (f)  The allowance for self-insurance under this title for

147-17   ratemaking purposes is not applicable to nuclear plant investment.

147-18         (g)  The commission shall adopt rules governing

147-19   self-insurance under this section.  (V.A.C.S. Art. 1446c-0, Sec.

147-20   2.210.)

147-21             (Sections 36.065-36.100 reserved for expansion)

147-22           SUBCHAPTER C.  GENERAL PROCEDURES FOR RATE CHANGES

147-23                           PROPOSED BY UTILITY

147-24         Sec. 36.101.  DEFINITION.  In this subchapter, "major change"

147-25   means an increase in rates that would increase the aggregate

147-26   revenues of the applicant more than the greater of $100,000 or

147-27   2-1/2 percent.  The term does not include an increase in rates that

 148-1   the regulatory authority allows to go into effect or the electric

 148-2   utility makes under an order of the regulatory authority after

 148-3   hearings held with public notice.  (V.A.C.S. Art. 1446c-0, Sec.

 148-4   2.212(b) (part).)

 148-5         Sec. 36.102.  STATEMENT OF INTENT TO CHANGE RATES.  (a)

 148-6   Except as provided by Section 33.024, an electric utility may not

 148-7   change its rates unless the utility files a statement of its intent

 148-8   with the regulatory authority that has original jurisdiction over

 148-9   those rates at least 35 days before the effective date of the

148-10   proposed change.

148-11         (b)  The electric utility shall also mail or deliver a copy

148-12   of the statement of intent to the appropriate officer of each

148-13   affected municipality.

148-14         (c)  The statement of intent must include:

148-15               (1)  proposed revisions of tariffs; and

148-16               (2)  a detailed statement of:

148-17                     (A)  each proposed change;

148-18                     (B)  the effect the proposed change is expected

148-19   to have on the revenues of the utility;

148-20                     (C)  each class and number of utility consumers

148-21   affected; and

148-22                     (D)  any other information required by the

148-23   regulatory authority's rules.  (V.A.C.S. Art. 1446c-0, Sec.

148-24   2.212(a) (part).)

148-25         Sec. 36.103.  NOTICE OF INTENT TO CHANGE RATES.  (a)  The

148-26   electric utility shall:

148-27               (1)  publish, in conspicuous form and place, notice to

 149-1   the public of the proposed change once each week for four

 149-2   successive weeks before the effective date of the proposed change

 149-3   in a newspaper having general circulation in each county containing

 149-4   territory affected by the proposed change; and

 149-5               (2)  mail notice of the proposed change to any other

 149-6   affected person as required by the regulatory authority's rules.

 149-7         (b)  The regulatory authority may waive the publication of

 149-8   notice requirement prescribed by Subsection (a) in a proceeding

 149-9   that involves only a rate reduction for each affected ratepayer.

149-10   The applicant shall give notice of the proposed rate change by mail

149-11   to each affected utility customer.

149-12         (c)  The regulatory authority by rule shall define other

149-13   proceedings for which the publication of notice requirement

149-14   prescribed by Subsection (a) may be waived on a showing of good

149-15   cause.  A waiver may not be granted in a proceeding involving a

149-16   rate increase to any class or category of ratepayer.  (V.A.C.S.

149-17   Art. 1446c-0, Sec. 2.212(a) (part).)

149-18         Sec. 36.104.  EARLY EFFECTIVE DATE OF RATE CHANGE.  (a)  For

149-19   good cause shown, the regulatory authority may allow a rate change,

149-20   other than a major change, to take effect:

149-21               (1)  before the end of the 35-day period prescribed by

149-22   Section 36.102; and

149-23               (2)  under conditions the regulatory authority

149-24   prescribes, subject to suspension as provided by this subchapter.

149-25         (b)  The electric utility shall immediately revise its

149-26   tariffs to include the change.  (V.A.C.S. Art. 1446c-0, Sec.

149-27   2.212(b) (part).)

 150-1         Sec. 36.105.  DETERMINATION OF PROPRIETY OF RATE CHANGE;

 150-2   HEARING.  (a)  If a tariff changing rates is filed with a

 150-3   regulatory authority, the regulatory authority shall, on complaint

 150-4   by an affected person, or may, on its own motion, not later than

 150-5   the 30th day after the effective date of the change, enter on a

 150-6   hearing to determine the propriety of the change.

 150-7         (b)  The regulatory authority shall hold a hearing in every

 150-8   case in which the change constitutes a major change.  The

 150-9   regulatory authority may, however, use an informal proceeding if

150-10   the regulatory authority does not receive a complaint before the

150-11   46th day after the date notice of the change is filed.

150-12         (c)  The regulatory authority shall give reasonable notice of

150-13   the hearing, including notice to the governing body of each

150-14   affected municipality and county.  The electric utility is not

150-15   required to provide a formal answer or file any other formal

150-16   pleading in response to the notice, and the absence of an answer

150-17   does not affect an order for a hearing.  (V.A.C.S.  Art. 1446c-0,

150-18   Sec. 2.212(c) (part).)

150-19         Sec. 36.106.  REGIONAL HEARING.  The commission shall hold a

150-20   regional hearing at an appropriate location in a case in which the

150-21   commission determines it is in the public interest to hear

150-22   testimony at a regional hearing for inclusion in the record.

150-23   (V.A.C.S. Art. 1446c-0, Sec. 2.212(c) (part).)

150-24         Sec. 36.107.  PREFERENCE TO HEARING.  The regulatory

150-25   authority shall:

150-26               (1)  give preference to a hearing under this subchapter

150-27   and to deciding questions arising under this subchapter and

 151-1   Subchapter E over any other question pending before it; and

 151-2               (2)  decide the questions as quickly as possible.

 151-3   (V.A.C.S. Art. 1446c-0, Sec. 2.212(d) (part).)

 151-4         Sec. 36.108.  RATE SUSPENSION; DEADLINE.  (a)  Pending the

 151-5   hearing and a decision:

 151-6               (1)  the local regulatory authority, after delivering

 151-7   to the electric utility a written statement of the regulatory

 151-8   authority's reasons, may suspend the rate change for not longer

 151-9   than 90 days after the date the rate change would otherwise be

151-10   effective; and

151-11               (2)  the commission may suspend the rate change for not

151-12   longer than 150 days after the date the rate change would otherwise

151-13   be effective.

151-14         (b)  The 150-day period prescribed by Subsection (a)(2) shall

151-15   be extended two days for each day the actual hearing on the merits

151-16   of the case exceeds 15 days.

151-17         (c)  If the regulatory authority does not make a final

151-18   determination concerning a rate change before expiration of the

151-19   applicable suspension period, the regulatory authority is

151-20   considered to have approved the change.  This approval is subject

151-21   to the authority of the regulatory authority thereafter to continue

151-22   a hearing in progress.  (V.A.C.S. Art. 1446c-0, Sec. 2.212(d)

151-23   (part).)

151-24         Sec. 36.109.  TEMPORARY RATES.  (a)  The regulatory authority

151-25   may establish temporary rates to be in effect during the applicable

151-26   suspension period under Section 36.108.

151-27         (b)  If the regulatory authority does not establish temporary

 152-1   rates, the rates in effect when the suspended tariff was filed

 152-2   continue in effect during the suspension period.  (V.A.C.S.

 152-3   Art. 1446c-0, Sec. 2.212(d) (part).)

 152-4         Sec. 36.110.  BONDED RATES.  (a)  An electric utility may put

 152-5   a changed rate into effect throughout the area in which the utility

 152-6   sought to change its rates, including an area over which the

 152-7   commission is exercising appellate or original jurisdiction, by

 152-8   filing a bond with the commission if:

 152-9               (1)  the 150-day suspension period has been extended

152-10   under Section 36.108(b); and

152-11               (2)  the commission fails to make a final determination

152-12   before the 151st day after the date the rate change would otherwise

152-13   be effective.

152-14         (b)  The bonded rate may not exceed the proposed rate.

152-15         (c)  The bond must be:

152-16               (1)  payable to the commission in an amount, in a form,

152-17   and with a surety approved by the commission; and

152-18               (2)  conditioned on refund.

152-19         (d)  The electric utility shall refund or credit against

152-20   future bills:

152-21               (1)  money collected under the bonded rates in excess

152-22   of the rate finally ordered; and

152-23               (2)  interest on that money, at the current interest

152-24   rate as determined by the commission.  (V.A.C.S. Art. 1446c-0, Sec.

152-25   2.212(e).)

152-26         Sec. 36.111.  ESTABLISHMENT OF FINAL RATES.  (a)  If, after

152-27   hearing, the regulatory authority finds the rates are unreasonable

 153-1   or in violation of law, the regulatory authority shall:

 153-2               (1)  enter an order establishing the rates the electric

 153-3   utility shall charge or apply for the service in question; and

 153-4               (2)  serve a copy of the order on the electric utility.

 153-5         (b)  The rates established in the order shall be observed

 153-6   thereafter until changed as provided by this title.  (V.A.C.S.

 153-7   Art. 1446c-0, Sec.  2.212(f).)

 153-8             (Sections 36.112-36.150 reserved for expansion)

 153-9      SUBCHAPTER D.  RATE CHANGES PROPOSED BY REGULATORY AUTHORITY

153-10         Sec. 36.151.  UNREASONABLE OR VIOLATIVE EXISTING RATES.  (a)

153-11   If the regulatory authority, on its own motion or on complaint by

153-12   an affected person, after reasonable notice and hearing, finds that

153-13   the existing rates of an electric utility for a service are

153-14   unreasonable or in violation of law, the regulatory authority

153-15   shall:

153-16               (1)  enter an order establishing the just and

153-17   reasonable rates to be observed thereafter, including maximum or

153-18   minimum rates; and

153-19               (2)  serve a copy of the order on the electric utility.

153-20         (b)  The rates established under Subsection (a) constitute

153-21   the legal rates of the electric utility until changed as provided

153-22   by this title.  (V.A.C.S.  Art. 1446c-0, Sec. 2.211(a).)

153-23         Sec. 36.152.  INVESTIGATING COSTS OF OBTAINING SERVICE FROM

153-24   ANOTHER SOURCE.  If an electric utility does not produce or

153-25   generate the service  that it distributes, transmits, or furnishes

153-26   to the public for compensation but obtains the service from another

153-27   source, the regulatory authority may investigate the cost of that

 154-1   production or generation in an investigation of the reasonableness

 154-2   of the electric utility's rates.  (V.A.C.S. Art. 1446c-0, Sec.

 154-3   2.211(b).)

 154-4         Sec. 36.153.  RATE-FILING PACKAGE.  (a)  An electric utility

 154-5   shall file a rate-filing package with the regulatory authority not

 154-6   later than the 120th day after the date the authority notifies the

 154-7   utility that the authority will proceed with an inquiry under

 154-8   Section 36.151.

 154-9         (b)  The regulatory authority may grant an extension of the

154-10   120-day period prescribed by Subsection (a) or waive the

154-11   rate-filing package requirement on agreement of the parties.

154-12   (V.A.C.S. Art. 1446c-0, Sec. 2.211(c) (part).)

154-13         Sec. 36.154.  DEADLINE.  (a)  The regulatory authority shall

154-14   make a final determination not later than the 185th day after the

154-15   date the electric utility files the rate-filing package required by

154-16   Section 36.153.

154-17         (b)  The deadline prescribed by Subsection (a) is extended

154-18   two days for each day the actual hearing on the merits of the case

154-19   exceeds 15 days.  (V.A.C.S. Art. 1446c-0, Sec. 2.211(c) (part).)

154-20         Sec. 36.155.  INTERIM ORDER ESTABLISHING TEMPORARY RATES.

154-21   (a)  At any time after an initial complaint is filed under Section

154-22   36.151, the regulatory authority may issue an interim order

154-23   establishing temporary rates for the electric utility to be in

154-24   effect until a final determination is made.

154-25         (b)  On issuance of a final order, the regulatory authority:

154-26               (1)  may require the electric utility to refund to

154-27   customers or to credit against future bills:

 155-1                     (A)  money collected under the temporary rates in

 155-2   excess of the rate finally ordered; and

 155-3                     (B)  interest on that money, at the current

 155-4   interest rate as determined by the commission; or

 155-5               (2)  shall authorize the electric utility to surcharge

 155-6   bills to recover:

 155-7                     (A)  the amount by which the money collected

 155-8   under the temporary rates is less than the money that would have

 155-9   been collected under the rate finally ordered; and

155-10                     (B)  interest on that amount, at the current

155-11   interest rate as determined by the commission.  (V.A.C.S.

155-12   Art. 1446c-0, Sec. 2.211(d).)

155-13         Sec. 36.156.  AUTOMATIC TEMPORARY RATES.  (a)  The rates

155-14   charged by the electric utility on the 185th day after the date the

155-15   utility files the rate-filing package required by Section 36.153

155-16   automatically become temporary rates if:

155-17               (1)  the 185-day period has been extended under Section

155-18   36.154(b); and

155-19               (2)  the regulatory authority has not issued a final

155-20   order or established temporary rates for the electric utility on or

155-21   before the 185th day.

155-22         (b)  On issuance of a final order, the regulatory authority:

155-23               (1)  shall require the electric utility to refund to

155-24   customers or to credit against future bills:

155-25                     (A)  money collected under the temporary rates in

155-26   excess of the rate finally ordered; and

155-27                     (B)  interest on that money, at the current

 156-1   interest rate as determined by the commission; or

 156-2               (2)  shall authorize the electric utility to surcharge

 156-3   bills to recover:

 156-4                     (A)  the amount by which the money collected

 156-5   under the temporary rates is less than the money that would have

 156-6   been collected under the rate finally ordered; and

 156-7                     (B)  interest on that amount, at the current

 156-8   interest rate as determined by the commission.  (V.A.C.S.

 156-9   Art. 1446c-0, Sec. 2.211(e).)

156-10             (Sections 36.157-36.200 reserved for expansion)

156-11            SUBCHAPTER E.  COST RECOVERY AND RATE ADJUSTMENT

156-12         Sec. 36.201.  AUTOMATIC ADJUSTMENT FOR CHANGES IN COSTS.

156-13   Except as permitted by Chapter 34 or Section 36.204, the commission

156-14   may not establish a rate or tariff that authorizes an electric

156-15   utility to automatically adjust and pass through to the utility's

156-16   customers a change in the utility's fuel or other costs.  (V.A.C.S.

156-17   Art. 1446c-0, Sec. 2.212(g)(1).)

156-18         Sec. 36.202.  ADJUSTMENT FOR CHANGE IN TAX LIABILITY.  (a)

156-19   The commission, on its own motion or on the petition of an electric

156-20   utility, shall provide for the adjustment of the utility's billing

156-21   to reflect an increase or decrease in the utility's tax liability

156-22   to this state if the increase or decrease:

156-23               (1)  results from Chapter 5, Acts of the 72nd

156-24   Legislature, 1st Called Session, 1991; and

156-25               (2)  is attributable to an activity subject to the

156-26   commission's jurisdiction.

156-27         (b)  The commission shall apportion pro rata to each type and

 157-1   class of service provided by the utility any billing adjustment

 157-2   under this section.  The adjustment:

 157-3               (1)  shall be made effective at the same time as the

 157-4   increase or decrease of tax liability described by Subsection

 157-5   (a)(1) or as soon after that increase or decrease as is reasonably

 157-6   practical; and

 157-7               (2)  remains effective only until the commission alters

 157-8   the adjustment as provided by this section or enters an order for

 157-9   the utility under Subchapter C or D.

157-10         (c)  Each year after an original adjustment, the commission

157-11   shall:

157-12               (1)  review the utility's increase or decrease of tax

157-13   liability described by Subsection (a)(1); and

157-14               (2)  alter the adjustment as necessary to reflect the

157-15   increase or decrease.

157-16         (d)  A proceeding under this section is not a rate case under

157-17   Subchapter C.  (V.A.C.S. Art. 1446c-0, Sec. 2.212(h).)

157-18         Sec. 36.203.  FUEL COST RECOVERY; ADJUSTMENT OF FUEL FACTOR.

157-19   (a)  Section 36.201 does not prohibit the commission from reviewing

157-20   and providing for adjustments of a utility's fuel factor.

157-21         (b)  The commission by rule shall implement procedures that

157-22   provide for the timely adjustment of a utility's fuel factor, with

157-23   or without a hearing.  The procedures must require that:

157-24               (1)  the findings required by Section 36.058 regarding

157-25   fuel transactions with affiliated interests are made in a fuel

157-26   reconciliation proceeding or in a rate case filed under Subchapter

157-27   C or D; and

 158-1               (2)  an affected party receive notice and have the

 158-2   opportunity to request a hearing before the commission.

 158-3         (c)  The commission may adjust a utility's fuel factor

 158-4   without a hearing if the commission determines that a hearing is

 158-5   not necessary.  If the commission holds a hearing, the commission

 158-6   may consider at the hearing any evidence that is appropriate and in

 158-7   the public interest.

 158-8         (d)  The commission shall render a timely decision approving,

 158-9   disapproving, or modifying the adjustment to the utility's fuel

158-10   factor.

158-11         (e)  The commission by rule shall provide for the

158-12   reconciliation of a utility's fuel costs on a timely basis.

158-13         (f)  A proceeding under this section is not a rate case under

158-14   Subchapter C.  (V.A.C.S. Art. 1446c-0, Sec. 2.212(g)(2).)

158-15         Sec. 36.204.  COST RECOVERY AND INCENTIVES.  In establishing

158-16   rates for an electric utility not required to file an integrated

158-17   resource plan, the commission may:

158-18               (1)  allow timely recovery of the reasonable costs of

158-19   conservation, load management, and purchased power, notwithstanding

158-20   Section 36.201; and

158-21               (2)  authorize additional incentives for conservation,

158-22   load management, purchased power, and renewable resources.

158-23   (V.A.C.S. Art. 1446c-0, Sec. 2.051(w) (part).)

158-24         Sec. 36.205.  PURCHASED POWER COST RECOVERY.  (a)  This

158-25   section applies only to an increase or decrease in the cost of

158-26   purchased electricity that has been:

158-27               (1)  accepted by a federal regulatory authority; or

 159-1               (2)  approved after a hearing by the commission.

 159-2         (b)  The commission may use any appropriate method to provide

 159-3   for the adjustment of the cost of purchased electricity on terms

 159-4   determined by the commission.

 159-5         (c)  Purchased electricity costs may be recovered:

 159-6               (1)  concurrently with the effective date of the

 159-7   changed costs to the purchasing electric utility; or

 159-8               (2)  as soon after the effective date as reasonably

 159-9   practical.

159-10         (d)  The commission may provide a mechanism to allow an

159-11   electric utility that has a noncontiguous geographical service area

159-12   and that purchases power for resale for that noncontiguous service

159-13   area from electric utilities that are not members of the Electric

159-14   Reliability Council of Texas to recover purchased power costs for

159-15   the area in a manner that reflects the purchased power cost for

159-16   that specific geographical noncontiguous area.  The commission may

159-17   not require an electric cooperative corporation to use the

159-18   mechanism provided under this section unless the electric

159-19   cooperative corporation requests its use.  (V.A.C.S. Art. 1446c-0,

159-20   Sec. 2.212(g)(3).)

159-21         Sec. 36.206.  MARK-UPS.  (a)  A cost recovery factor

159-22   established for the recovery of purchased power costs may include:

159-23               (1)  the cost the electric utility incurs in purchasing

159-24   capacity and energy;

159-25               (2)  a mark-up added to the cost or another mechanism

159-26   the commission determines will reasonably compensate the utility

159-27   for any financial risk associated with purchased power obligations;

 160-1   and

 160-2               (3)  the value added by the utility in making the

 160-3   purchased power available to customers.

 160-4         (b)  The mark-ups and cost recovery factors, if allowed, may

 160-5   be those necessary to encourage the electric utility to include

 160-6   economical purchased power as part of the utility's energy and

 160-7   capacity resource supply plan.  (V.A.C.S.  Art. 1446c-0, Sec.

 160-8   2.1511.)

 160-9         Sec. 36.207.  USE OF MARK-UPS.  Any mark-ups approved under

160-10   Chapter 34 or Section 36.206 are an exceptional form of rate relief

160-11   that the electric utility may recover from ratepayers only on a

160-12   finding by the commission that the relief is necessary to maintain

160-13   the utility's financial integrity.  (V.A.C.S. Art. 1446c-0, Sec.

160-14   2.001(d) (part).)

160-15         Sec. 36.208.  PAYMENT TO QUALIFYING FACILITY.  In

160-16   establishing an electric utility's rates, the regulatory authority

160-17   shall:

160-18               (1)  consider a payment made to a qualifying facility

160-19   under an agreement certified under Subchapter C, Chapter 35, to be

160-20   a reasonable and necessary operating expense of the electric

160-21   utility during the period for which the certification is effective;

160-22   and

160-23               (2)  allow full, concurrent, and monthly recovery of

160-24   the amount of the payment.  (V.A.C.S.  Art. 1446c-0, Sec.

160-25   2.209(e).)

160-26             (Sections 36.209-36.250 reserved for expansion)

 161-1           SUBCHAPTER F.  PARTIAL RATE DEREGULATION AVAILABLE

 161-2                         TO CERTAIN COOPERATIVES

 161-3         Sec. 36.251.  ELECTRIC COOPERATIVE EXEMPTION.  An electric

 161-4   cooperative corporation providing retail electric utility service

 161-5   at distribution voltage is exempt from rate regulation if:

 161-6               (1)  a majority of the members voting in an election on

 161-7   the deregulation of the electric cooperative approve the exemption;

 161-8   and

 161-9               (2)  the electric cooperative sends notice of the

161-10   action to each applicable regulatory authority.  (V.A.C.S.

161-11   Art. 1446c-0, Sec. 2.2011(a) (part).)

161-12         Sec. 36.252.  ELECTION ON EXEMPTION.  (a)  An electric

161-13   cooperative holding an election under Section 36.251 shall mail a

161-14   ballot to each electric cooperative member.  The cooperative may

161-15   include the ballot in a monthly billing.

161-16         (b)  The ballot shall be printed to permit voting for or

161-17   against rate deregulation of the electric cooperative.

161-18         (c)  If the proposition is approved, the electric cooperative

161-19   shall send the ballots to the commission not later than the 10th

161-20   day after the date the electric cooperative counts the ballots.

161-21         (d)  The commission shall administratively certify whether

161-22   the electric cooperative is deregulated for ratemaking purposes

161-23   based on the ballots received under Subsection (c).  (V.A.C.S.

161-24   Art. 1446c-0, Sec. 2.2011(a) (part).)

161-25         Sec. 36.253.  EFFECT OF ELECTION.  (a)  Except as provided by

161-26   Section 36.307, a regulatory authority may not establish or

161-27   regulate an electric cooperative's rates if the cooperative elects

 162-1   under Section 36.252 to be exempt from rate regulation.

 162-2         (b)  Notwithstanding Section 33.001, the commission has

 162-3   exclusive original jurisdiction in the electric cooperative's

 162-4   service area in a proceeding initiated under Section 36.307.

 162-5   (V.A.C.S. Art. 1446c-0, Sec. 2.2011(b).)

 162-6         Sec. 36.254.  APPLICATION OF OTHER PROVISIONS.  (a)  This

 162-7   subchapter does not affect the application of a provision of this

 162-8   title not directly related to:

 162-9               (1)  rates; or

162-10               (2)  the authority of the commission to require an

162-11   electric cooperative to file a report required under this title or

162-12   under the commission's rules.

162-13         (b)  A service fee or a service rule set by an electric

162-14   cooperative under this subchapter must comply with commission rules

162-15   that apply to all electric utilities.

162-16         (c)  The commission may determine if an electric cooperative

162-17   has unlawfully charged or received a rate for electric utility

162-18   service.  (V.A.C.S.  Art. 1446c-0, Sec. 2.2011(n).)

162-19         Sec. 36.255.  SUBSEQUENT ELECTION; REVOCATION.  (a)  An

162-20   electric cooperative may not hold an election on the issue of its

162-21   exemption from rate regulation before the first anniversary of the

162-22   most recent election on the issue.

162-23         (b)  Except as provided by Subsection (a), the members of an

162-24   electric cooperative may, by a majority vote of the members voting,

162-25   at any time:

162-26               (1)  revoke the electric cooperative's election to be

162-27   exempt from rate regulation; or

 163-1               (2)  elect to be exempt from rate regulation.

 163-2   (V.A.C.S. Art. 1446c-0, Secs. 2.2011(a) (part), (m).)

 163-3             (Sections 36.256-36.300 reserved for expansion)

 163-4                 SUBCHAPTER G.  RATE CHANGES BY CERTAIN

 163-5                          ELECTRIC COOPERATIVES

 163-6         Sec. 36.301.  APPLICATION OF SUBCHAPTER.  This subchapter

 163-7   applies to an electric cooperative that has elected to be exempt

 163-8   from rate regulation under Subchapter F.  (V.A.C.S. Art. 1446c-0,

 163-9   Secs. 2.2011(a) (part), (p) (part).)

163-10         Sec. 36.302.  METHODS OF CHANGING RATES.  (a)  An electric

163-11   cooperative may change its rates by:

163-12               (1)  adopting a resolution approving the proposed

163-13   change;

163-14               (2)  mailing notice of the proposed change to:

163-15                     (A)  the commission;

163-16                     (B)  each affected municipality and customer; and

163-17                     (C)  each electric utility providing retail

163-18   service in the electric cooperative's service area or in an

163-19   adjoining service area; and

163-20               (3)  making available for review by any person at each

163-21   of the electric cooperative's business offices, a cost-of-service

163-22   study that:

163-23                     (A)  was prepared not earlier than the fifth

163-24   anniversary before the date the electric cooperative adopts rates

163-25   under this subchapter; and

163-26                     (B)  is certified by a professional engineer or

163-27   certified public accountant.

 164-1         (b)  The electric cooperative may satisfy the customer

 164-2   notification requirement by including the notice in a monthly

 164-3   billing.  (V.A.C.S. Art. 1446c-0, Sec. 2.2011(c).)

 164-4         Sec. 36.303.  CONTENTS OF NOTICE.  (a)  The notice required

 164-5   by Section 36.302 must include:

 164-6               (1)  information concerning the increase or decrease in

 164-7   total operating revenues over actual test year revenues or over

 164-8   test year revenues adjusted to annualize the recovery of changes in

 164-9   the cost of purchased electricity, stated as a dollar amount and as

164-10   a percentage;

164-11               (2)  information concerning the classes of utility

164-12   customers affected;

164-13               (3)  information concerning the creation and

164-14   application of any new rate classes;

164-15               (4)  information concerning the increase or decrease

164-16   for each class stated as a percentage of actual test year revenues

164-17   for the class or of test year revenues for the class adjusted to

164-18   annualize the recovery of changes in the cost of purchased

164-19   electricity;

164-20               (5)  a statement that the commission may review the

164-21   rate change if the commission receives, not later than the 60th day

164-22   after the date the notice is received, a petition that complies

164-23   with Section 36.307;

164-24               (6)  the address and telephone number of the

164-25   commission;

164-26               (7)  a statement that a customer opposed to the rate

164-27   change should notify the electric cooperative in writing of the

 165-1   person's opposition and provide a return address; and

 165-2               (8)  a statement that a member may review a copy of any

 165-3   written opposition the electric cooperative receives.

 165-4         (b)  The electric cooperative may not be required to provide

 165-5   additional information in the notice.  (V.A.C.S. Art. 1446c-0, Sec.

 165-6   2.2011(d).)

 165-7         Sec. 36.304.  ACCESS TO WRITTEN OPPOSITION.  An electric

 165-8   cooperative shall make available for review by a member of the

 165-9   cooperative at each of the electric cooperative's business offices

165-10   a copy of written opposition to a rate change received by the

165-11   cooperative.  (V.A.C.S.  Art. 1446c-0, Sec. 2.2011(e).)

165-12         Sec. 36.305.  TARIFFS; EFFECTIVE DATE OF RATE CHANGES.  (a)

165-13   An electric cooperative shall file tariffs with the commission.

165-14         (b)  If the electric cooperative complies with Section

165-15   36.302, the commission shall approve the tariffs not later than the

165-16   10th day after the 60-day period prescribed by Section 36.307(a)

165-17   unless a review is required under that section.

165-18         (c)  If the tariffs are approved or if a review is not

165-19   required and the commission fails to act on or before the deadline

165-20   prescribed by Subsection (b), the change in rates is effective on:

165-21               (1)  the 70th day after the date the electric

165-22   cooperative first complies with each requirement prescribed by

165-23   Section 36.302; or

165-24               (2)  a later date determined by the electric

165-25   cooperative.

165-26         (d)  Except as provided by Section 36.307, the rates of the

165-27   electric cooperative are not subject to review.  (V.A.C.S.

 166-1   Art. 1446c-0, Sec. 2.2011(f).)

 166-2         Sec. 36.306.  DISCOUNTED RATES.  (a)  An electric cooperative

 166-3   may, by resolution, adopt retail tariffs or contracts containing

 166-4   charges that are less than the average embedded cost retail rates

 166-5   but that are not less than the electric cooperative's marginal

 166-6   cost.

 166-7         (b)  The standards described in Section 36.007 apply to the

 166-8   review of rates adopted under Subsection (a).  In a review of the

 166-9   rates, the electric cooperative's marginal cost shall be the lowest

166-10   marginal cost of any of the cooperative's wholesale power

166-11   suppliers.  (V.A.C.S. Art. 1446c-0, Sec.  2.2011(p) (part).)

166-12         Sec. 36.307.  COMMISSION REVIEW.  (a)  The commission shall

166-13   review a change in rates under this subchapter if, not later than

166-14   the 60th day after the date the electric cooperative first complies

166-15   with each requirement prescribed by Section 36.302, the commission

166-16   receives a petition requesting review signed by:

166-17               (1)  at least 10 percent of the members of the electric

166-18   cooperative;

166-19               (2)  members of the electric cooperative who purchased

166-20   more than 50 percent of the electric cooperative's annual energy

166-21   sales to a customer class in the test year, if the petition

166-22   contains a certification of the purchases; or

166-23               (3)  an executive officer of an affected electric

166-24   utility, if the petition describes each particular class for which

166-25   a review is requested.

166-26         (b)  A person who files a petition under Subsection (a) shall

166-27   notify the electric cooperative in writing of the action.

 167-1         (c)  The commission, on its own motion, may review the rates

 167-2   of an electric cooperative if the commission finds that there is

 167-3   good cause to believe that the electric cooperative is earning more

 167-4   than a reasonable return on overall system revenues or on revenue

 167-5   from a rate class.

 167-6         (d)  A single customer may seek a review of the rates of an

 167-7   electric cooperative under Subchapter D if, in any period of 12

 167-8   consecutive months during the 36 months preceding the date the

 167-9   customer initiates a proceeding under Subchapter D, the customer:

167-10               (1)  consumes more than 250,000,000 kwh; and

167-11               (2)  purchases from the cooperative electric energy

167-12   equal to more than:

167-13                     (A)  10 percent of the total energy sales of the

167-14   electric cooperative; or

167-15                     (B)  7-1/2 percent of the total revenues of the

167-16   electric cooperative.

167-17         (e)  A right conferred by Subsection (d) is in addition to

167-18   the rights of a customer under Subsection (a).  (V.A.C.S.

167-19   Art. 1446c-0, Secs. 2.2011(g), (h), (i), (o), as added Acts 74th

167-20   Leg., R.S., Chs. 765 and 1013.)

167-21         Sec. 36.308.  REVIEW REQUESTED BY COOPERATIVE MEMBER OR

167-22   COMMISSION.  (a)  The commission shall conduct a review under

167-23   Section 36.307(a)(1) or (2) or Section 36.307(c) in accordance with

167-24   Subchapter C and other applicable rate-setting principles of this

167-25   title, except that:

167-26               (1)  the period for review does not begin until the

167-27   electric cooperative files the rate-filing package as required by

 168-1   commission rules;

 168-2               (2)  a proposed change may not be suspended during the

 168-3   pendency of the review; and

 168-4               (3)  the electric cooperative shall observe the rates

 168-5   established by the commission until the rates are changed as

 168-6   provided by this subchapter or another section of this title.

 168-7         (b)  Notwithstanding Subsection (a)(2), if ordered by the

 168-8   commission, the electric cooperative shall refund or credit against

 168-9   future bills money collected in excess of the rate finally

168-10   established by the commission.  (V.A.C.S.  Art. 1446c-0, Sec.

168-11   2.2011(j).)

168-12         Sec. 36.309.  REVIEW REQUESTED BY AFFECTED ELECTRIC UTILITY.

168-13   (a)  In a review conducted under Section 36.307(a)(3), an electric

168-14   cooperative shall file with the commission a copy of the

168-15   cost-of-service study required under Section 36.302 not later than

168-16   the 10th day after the date the electric cooperative receives

168-17   notice from an affected electric utility that a petition has been

168-18   filed.

168-19         (b)  The commission shall determine for each class for which

168-20   review has been requested:

168-21               (1)  the annual cost of providing service to the class,

168-22   as stated in the electric cooperative's cost-of-service study; and

168-23               (2)  the revenues for the class that would be produced

168-24   by multiplying the rate established by the electric cooperative by

168-25   the annual billing units for the class, as stated in the

168-26   cost-of-service study.

168-27         (c)  If the electric cooperative proposes a rate class solely

 169-1   for a new customer, the electric cooperative shall:

 169-2               (1)  estimate the reasonable annual cost of providing

 169-3   service to the class; and

 169-4               (2)  base class revenues on a reasonable estimate of

 169-5   billing units.

 169-6         (d)  The rate for a class for which a review is requested

 169-7   under Section 36.307(a)(3) is suspended during the pendency of the

 169-8   review.

 169-9         (e)  The commission shall dismiss a petition for review and

169-10   approve the rates if the revenues for the class are not less than

169-11   the cost of providing service to the class.

169-12         (f)  The commission shall disapprove a rate under review if

169-13   the revenues for the class are less than the cost of providing

169-14   service to the class.  This action does not affect reconsideration

169-15   of the rate as a part of any subsequent ratemaking proceeding.

169-16         (g)  A rate adopted by an electric cooperative is approved

169-17   and may be placed into effect if the commission fails to make its

169-18   final determination administratively not later than the 45th day

169-19   after the date the electric cooperative files its cost-of-service

169-20   study.  (V.A.C.S. Art. 1446c-0, Secs. 2.2011(k), (l).)

169-21             (Sections 36.310-36.350 reserved for expansion)

169-22             SUBCHAPTER H.  RATES FOR GOVERNMENTAL ENTITIES

169-23         Sec. 36.351.  DISCOUNTED RATES FOR CERTAIN INSTITUTIONS OF

169-24   HIGHER EDUCATION.  (a)  Notwithstanding any other provision of this

169-25   title, each electric utility and municipally owned utility shall

169-26   discount charges for electric service provided to a facility of a

169-27   four-year state university, upper-level institution, Texas State

 170-1   Technical College, or college.

 170-2         (b)  The discount is a 20-percent reduction of the utility's

 170-3   base rates that would otherwise be paid under the applicable

 170-4   tariffed rate.

 170-5         (c)  An electric or municipally owned utility is exempt from

 170-6   this section if the 20-percent discount results in a reduction

 170-7   equal to more than one percent of the utility's total annual

 170-8   revenues.

 170-9         (d)  A municipally owned utility is exempt from this section

170-10   if the municipally owned utility, on September 1, 1995, discounted

170-11   base commercial rates for electric service provided to all

170-12   four-year state universities or colleges in its service area by 20

170-13   percent or more.

170-14         (e)  This section does not apply to a rate charged to an

170-15   institution of higher education by a municipally owned utility that

170-16   provides a discounted rate to the state for electric services below

170-17   rates in effect on January 1, 1995, if the discounted rate provides

170-18   a greater financial discount to the state than is provided to the

170-19   institution of higher education through the discount provided by

170-20   this section.

170-21         (f)  An investor-owned electric utility may not recover from

170-22   residential customers or any other customer class the assigned and

170-23   allocated costs of serving a state university or college that

170-24   receives a discount under this section.

170-25         (g)  Each electric utility shall file tariffs with the

170-26   commission reflecting the discount required under this section.

170-27   The initial tariff filing is not a rate change for purposes of

 171-1   Subchapter C.  (V.A.C.S.  Art. 1446c-0, Sec. 2.2141.)

 171-2         Sec. 36.352.  SPECIAL RATE CLASS.  Notwithstanding any other

 171-3   provision of this title, if the commission, on or before September

 171-4   1, 1995, approved the establishment of a separate rate class for

 171-5   electric service for a university and grouped public schools in a

 171-6   separate rate class, the commission shall include community

 171-7   colleges in the rate class with public school customers.  (V.A.C.S.

 171-8   Art. 1446c-0, Sec.  2.215(c).)

 171-9         Sec. 36.353.  PAYMENT IN LIEU OF TAX.  (a)  A payment made in

171-10   lieu of a tax by a municipally owned utility to the municipality by

171-11   which the utility is owned may not be considered an expense of

171-12   operation in establishing the utility's rate for providing utility

171-13   service to a school district or hospital district.

171-14         (b)  A rate a municipally owned utility receives from a

171-15   school district or hospital district may not be used to make or to

171-16   cover the cost of making payments in lieu of taxes to the

171-17   municipality that owns the utility.  (V.A.C.S.  Art. 1446c-0, Sec.

171-18   2.217.)

171-19                CHAPTER 37.  CERTIFICATES OF CONVENIENCE

171-20                              AND NECESSITY

171-21                       SUBCHAPTER A.  DEFINITIONS

171-22   Sec. 37.001.  DEFINITIONS 

171-23           (Sections 37.002-37.050 reserved for expansion)    

171-24         SUBCHAPTER B.  CERTIFICATE OF CONVENIENCE AND NECESSITY

171-25   Sec. 37.051.  CERTIFICATE REQUIRED 

171-26   Sec. 37.052.  EXCEPTIONS TO CERTIFICATE REQUIREMENT

171-27                   FOR SERVICE EXTENSION 

 172-1   Sec. 37.053.  APPLICATION FOR CERTIFICATE 

 172-2   Sec. 37.054.  NOTICE AND HEARING ON APPLICATION 

 172-3   Sec. 37.055.  REQUEST FOR PRELIMINARY ORDER 

 172-4   Sec. 37.056.  GRANT OR DENIAL OF CERTIFICATE 

 172-5   Sec. 37.057.  DEADLINE FOR APPLICATION FOR NEW TRANSMISSION

 172-6                   FACILITY 

 172-7   Sec. 37.058.  CERTIFICATE FOR ELECTRIC GENERATING PLANT 

 172-8   Sec. 37.059.  REVOCATION OR AMENDMENT OF CERTIFICATE 

 172-9             (Sections 37.060-37.100 reserved for expansion)

172-10                      SUBCHAPTER C.  MUNICIPALITIES

172-11   Sec. 37.101.  SERVICE IN ANNEXED OR INCORPORATED AREA 

172-12   Sec. 37.102.  GRANT OF CERTIFICATE FOR CERTAIN

172-13                   MUNICIPALITIES 

172-14             (Sections 37.103-37.150 reserved for expansion)

172-15      SUBCHAPTER D.  REGULATION OF SERVICES, AREAS, AND FACILITIES

172-16   Sec. 37.151.  PROVISION OF SERVICE 

172-17   Sec. 37.152.  GROUNDS FOR REDUCTION OF SERVICE 

172-18   Sec. 37.153.  REQUIRED REFUSAL OF SERVICE 

172-19   Sec. 37.154.  TRANSFER OF CERTIFICATE 

172-20   Sec. 37.155.  APPLICATION OF CONTRACTS 

172-21   Sec. 37.156.  INTERFERENCE WITH ANOTHER UTILITY 

172-22   Sec. 37.157.  MAPS 

172-23                CHAPTER 37.  CERTIFICATES OF CONVENIENCE

172-24                              AND NECESSITY

172-25                       SUBCHAPTER A.  DEFINITIONS

172-26         Sec. 37.001.  DEFINITIONS.  In this chapter:

172-27               (1)  "Certificate" means a certificate of convenience

 173-1   and necessity.

 173-2               (2)  "Retail electric utility" means a person,

 173-3   political subdivision, or agency that operates, maintains, or

 173-4   controls in this state a facility to  provide retail electric

 173-5   utility service.  The term does not include a corporation described

 173-6   by Section 32.053 to the extent that the corporation sells

 173-7   electricity exclusively at wholesale and not to the ultimate

 173-8   consumer.  A qualifying cogenerator that sells electric energy at

 173-9   retail to the sole purchaser of the cogenerator's thermal output

173-10   under Sections 35.061 and 36.007 is not for that reason considered

173-11   to be a retail electric utility.  (V.A.C.S. Art. 1446c-0, Secs.

173-12   2.0012(a) (part), 2.251; New.)

173-13             (Sections 37.002-37.050 reserved for expansion)

173-14         SUBCHAPTER B.  CERTIFICATE OF CONVENIENCE AND NECESSITY

173-15         Sec. 37.051.  CERTIFICATE REQUIRED.  (a)  An electric utility

173-16   may not directly or indirectly provide service to the public under

173-17   a franchise or permit unless the utility obtains from the

173-18   commission a certificate that states that the public convenience

173-19   and necessity requires or will require the installation, operation,

173-20   or extension of the service.

173-21         (b)  Except as otherwise provided by this chapter, a retail

173-22   electric utility may not furnish or make available retail electric

173-23   utility service to an area in which retail electric utility service

173-24   is being lawfully furnished by another retail electric utility

173-25   unless the utility obtains a certificate that includes the area in

173-26   which the facility that receives the service is located.  (V.A.C.S.

173-27   Art. 1446c-0, Sec. 2.252.)

 174-1         Sec. 37.052.  EXCEPTIONS TO CERTIFICATE REQUIREMENT FOR

 174-2   SERVICE EXTENSION.  (a)  An electric utility is not required to

 174-3   obtain a certificate for an:

 174-4               (1)  extension into territory that is:

 174-5                     (A)  contiguous to the territory the electric

 174-6   utility serves;

 174-7                     (B)  not receiving similar service from another

 174-8   electric utility; and

 174-9                     (C)  not in another electric utility's

174-10   certificated area;

174-11               (2)  extension in or to territory the utility serves or

174-12   is authorized to serve under a certificate; or

174-13               (3)  operation, extension, or service in progress on

174-14   September 1, 1975.

174-15         (b)  An extension allowed under Subsection (a) is limited to

174-16   a device used:

174-17               (1)  to  interconnect existing facilities; or

174-18               (2)  solely to transmit electric utility services from

174-19   an existing facility to a customer of retail electric utility

174-20   service.  (V.A.C.S.  Art. 1446c-0, Sec. 2.253.)

174-21         Sec. 37.053.  APPLICATION FOR CERTIFICATE. (a)  An electric

174-22   utility that wants to obtain or amend a certificate must submit an

174-23   application to the commission.

174-24         (b)  The applicant shall file with the commission evidence

174-25   the commission requires to show the applicant has received the

174-26   consent, franchise, or permit required by the proper municipal or

174-27   other public authority.  (V.A.C.S. Art. 1446c-0, Secs. 2.254(a),

 175-1   (c).)

 175-2         Sec. 37.054.  NOTICE AND HEARING ON APPLICATION.  (a)  When

 175-3   an application for a certificate is filed, the commission shall:

 175-4               (1)  give notice of the application to interested

 175-5   parties; and

 175-6               (2)  if requested:

 175-7                     (A)  set a time and place for a hearing; and

 175-8                     (B)  give notice of the hearing.

 175-9         (b)  A person interested in the application may intervene at

175-10   the hearing.  (V.A.C.S. Art. 1446c-0, Sec. 2.255(a).)

175-11         Sec. 37.055.  REQUEST FOR PRELIMINARY ORDER.  (a)  An

175-12   electric utility that wants to exercise a right or privilege under

175-13   a franchise or permit that the utility anticipates obtaining but

175-14   has not been granted may apply to the commission for a preliminary

175-15   order under this section.

175-16         (b)  The commission may issue a preliminary order declaring

175-17   that the commission, on application and under commission rules,

175-18   will grant the requested certificate on terms the commission

175-19   designates, after the electric utility obtains the franchise or

175-20   permit.

175-21         (c)  The commission shall grant the certificate on

175-22   presentation of evidence satisfactory to the commission that the

175-23   electric utility has obtained the franchise or permit.  (V.A.C.S.

175-24   Art. 1446c-0, Sec. 2.258.)

175-25         Sec. 37.056.  GRANT OR DENIAL OF CERTIFICATE.    (a)  The

175-26   commission may approve an application and grant a certificate only

175-27   if the commission finds that the certificate is necessary for the

 176-1   service, accommodation, convenience, or safety of the public.

 176-2         (b)  The commission may:

 176-3               (1)  grant the certificate as requested;

 176-4               (2)  grant the certificate for the construction of a

 176-5   portion of the requested system, facility, or extension or the

 176-6   partial exercise of the requested right or privilege; or

 176-7               (3)  refuse to grant the certificate.

 176-8         (c)  The commission shall grant each certificate on a

 176-9   nondiscriminatory basis after considering:

176-10               (1)  the adequacy of existing service;

176-11               (2)  the need for additional service;

176-12               (3)  the effect of granting the certificate on the

176-13   recipient of the certificate and any electric utility serving the

176-14   proximate area; and

176-15               (4)  other factors, such as:

176-16                     (A)  community values;

176-17                     (B)  recreational and park areas;

176-18                     (C)  historical and aesthetic values;

176-19                     (D)  environmental integrity; and

176-20                     (E)  the probable improvement of service or

176-21   lowering of cost to consumers in the area if the certificate is

176-22   granted.  (V.A.C.S. Art. 1446c-0, Secs.  2.255(b), (c).)

176-23         Sec. 37.057.  DEADLINE FOR APPLICATION FOR NEW TRANSMISSION

176-24   FACILITY.  The commission must approve or deny an application for a

176-25   certificate for a new transmission facility not later than the

176-26   first anniversary of the date the application is filed.  If the

176-27   commission does not approve or deny the application on or before

 177-1   that date, a party may seek a writ of mandamus in a district court

 177-2   of Travis County to compel the commission to decide on the

 177-3   application.  (V.A.C.S. Art. 1446c-0, Sec. 2.255(e).)

 177-4         Sec. 37.058.  CERTIFICATE FOR ELECTRIC GENERATING PLANT.  (a)

 177-5   Sections 37.054, 37.056, and 37.057 do not apply to a certificate

 177-6   for an electric generating plant that is requested under Chapter

 177-7   34.

 177-8         (b)  The commission may grant a certificate for an electric

 177-9   generating plant only in accordance with Chapter 34.  (V.A.C.S.

177-10   Art. 1446c-0, Sec.  2.255(d).)

177-11         Sec. 37.059.  REVOCATION OR AMENDMENT OF CERTIFICATE.  (a)

177-12   The commission may revoke or amend a certificate after notice and

177-13   hearing if the commission finds that the certificate holder has

177-14   never provided or is no longer providing service in all or any part

177-15   of the certificated area.

177-16         (b)  The commission may require one or more electric

177-17   utilities to provide service in an area affected by the revocation

177-18   or amendment of a certificate.  (V.A.C.S. Art. 1446c-0, Sec.

177-19   2.264.)

177-20             (Sections 37.060-37.100 reserved for expansion)

177-21                      SUBCHAPTER C.  MUNICIPALITIES

177-22         Sec. 37.101.  SERVICE IN ANNEXED OR INCORPORATED AREA.  (a)

177-23   If an area is or will be included within a municipality as the

177-24   result of annexation, incorporation, or another reason, each

177-25   electric utility that holds or is entitled to hold a certificate

177-26   under this title to provide service or operate a facility in the

177-27   area before the inclusion has the right to  continue to provide the

 178-1   service or operate the facility and extend service within the

 178-2   utility's certificated area in the annexed or incorporated area

 178-3   under the rights granted by the certificate and this title.

 178-4         (b)  Notwithstanding any other law, an electric utility has

 178-5   the right to:

 178-6               (1)  continue and extend service within the utility's

 178-7   certificated area; and

 178-8               (2)  use roads, streets, highways, alleys, and public

 178-9   property to furnish retail electric utility service.

178-10         (c)  The governing body of a municipality may require an

178-11   electric utility to relocate the utility's facility at the

178-12   utility's expense to permit the widening or straightening of a

178-13   street by:

178-14               (1)  giving the electric utility 30 days' notice; and

178-15               (2)  specifying the new location for the facility along

178-16   the right-of-way of the street.

178-17         (d)  This section does not:

178-18               (1)  limit the power of a city, town, or village to

178-19   incorporate or of a municipality to extend its boundaries by

178-20   annexation; or

178-21               (2)  prohibit a municipality from levying a tax or

178-22   other special charge for the use of the streets as authorized by

178-23   Section 182.025, Tax Code.  (V.A.C.S. Art. 1446c-0, Secs. 2.256(a),

178-24   (b), (c).)

178-25         Sec. 37.102.  GRANT OF CERTIFICATE FOR CERTAIN

178-26   MUNICIPALITIES.  (a)  If a municipal corporation offers retail

178-27   electric utility service in a municipality having a population of

 179-1   more than 135,000 that is located in a county having a population

 179-2   of more than 1,500,000, the commission shall singly certificate

 179-3   areas in the municipality's boundaries in which more than one

 179-4   electric utility provides electric utility service.

 179-5         (b)  In singly certificating an area under Subsection (a),

 179-6   the commission shall preserve the right of an electric utility to

 179-7   serve the customers the electric utility was serving on June 17,

 179-8   1983.  This subsection does not apply to a customer at least

 179-9   partially served by a nominal 69,000 volts system who gave notice

179-10   of termination to the utility servicing that customer before June

179-11   17, 1983.  (V.A.C.S. Art. 1446c-0, Sec. 2.256(d).)

179-12             (Sections 37.103-37.150 reserved for expansion)

179-13      SUBCHAPTER D.  REGULATION OF SERVICES, AREAS, AND FACILITIES

179-14         Sec. 37.151.  PROVISION OF SERVICE.  Except as provided by

179-15   this section, Section 37.152, and Section 37.153, a certificate

179-16   holder shall:

179-17               (1)  serve every consumer in the utility's certificated

179-18   area; and

179-19               (2)  provide continuous and adequate service in that

179-20   area.  (V.A.C.S.  Art. 1446c-0, Sec. 2.259(a).)

179-21         Sec. 37.152.  GROUNDS FOR REDUCTION OF SERVICE.  (a)  Unless

179-22   the commission issues a certificate that the present and future

179-23   convenience and necessity will not be adversely affected, a

179-24   certificate holder may not discontinue, reduce, or impair service

179-25   to any part of the holder's certificated service area except for:

179-26               (1)  nonpayment of charges;

179-27               (2)  nonuse; or

 180-1               (3)  another similar reason that occurs in the usual

 180-2   course of business.

 180-3         (b)  A discontinuance, reduction, or impairment of service

 180-4   must be in compliance with and subject to any condition or

 180-5   restriction the commission prescribes.  (V.A.C.S. Art. 1446c-0,

 180-6   Secs. 2.259(b), (c).)

 180-7         Sec. 37.153.  REQUIRED REFUSAL OF SERVICE.  A certificate

 180-8   holder shall refuse to serve a customer in the holder's

 180-9   certificated area if the holder is prohibited from providing the

180-10   service under Section 212.012 or 232.029, Local Government Code.

180-11   (V.A.C.S. Art. 1446c-0, Sec. 2.260.)

180-12         Sec. 37.154.  TRANSFER OF CERTIFICATE.  (a)  An electric

180-13   utility may sell, assign, or lease a certificate or a right

180-14   obtained under a certificate if the commission determines that the

180-15   purchaser, assignee, or lessee can provide adequate service.

180-16         (b)  A sale, assignment, or lease of a certificate or a right

180-17   is subject to conditions the commission prescribes.  (V.A.C.S.

180-18   Art. 1446c-0, Sec. 2.261.)

180-19         Sec. 37.155.  APPLICATION OF CONTRACTS.  A contract approved

180-20   by the commission between retail electric utilities that designates

180-21   areas and customers to be served by the utilities:

180-22               (1)  is valid and enforceable; and

180-23               (2)  shall be incorporated into the appropriate areas

180-24   of certification.  (V.A.C.S. Art. 1446c-0, Sec. 2.257.)

180-25         Sec. 37.156.  INTERFERENCE WITH ANOTHER UTILITY.  If an

180-26   electric utility constructing or extending the utility's lines,

180-27   plant, or system interferes or attempts to interfere with the

 181-1   operation of a line, plant, or system of another utility, the

 181-2   commission by order may:

 181-3               (1)  prohibit the construction or extension; or

 181-4               (2)  prescribe terms for locating the affected lines,

 181-5   plants, or systems.  (V.A.C.S. Art. 1446c-0, Sec. 2.262.)

 181-6         Sec. 37.157.  MAPS.  An electric utility shall file with the

 181-7   commission one or more maps that show each utility facility and

 181-8   that separately illustrate each utility facility for the

 181-9   generation, transmission, or distribution of the utility's services

181-10   on a date the commission orders.  (V.A.C.S. Art. 1446c-0, Sec.

181-11   2.254(b).)

181-12              CHAPTER 38.  REGULATION OF ELECTRIC SERVICES

181-13                        SUBCHAPTER A.  STANDARDS

181-14   Sec. 38.001.  GENERAL STANDARD 

181-15   Sec. 38.002.  AUTHORITY OF REGULATORY AUTHORITY CONCERNING

181-16                   STANDARDS 

181-17   Sec. 38.003.  RULE OR STANDARD 

181-18   Sec. 38.004.  MINIMUM CLEARANCE STANDARD 

181-19             (Sections 38.005-38.020 reserved for expansion)

181-20                     SUBCHAPTER B.  PROHIBITIONS ON

181-21                     PREFERENCES AND DISCRIMINATION

181-22   Sec. 38.021.  UNREASONABLE PREFERENCE OR PREJUDICE CONCERNING

181-23                   SERVICE PROHIBITED 

181-24   Sec. 38.022.  DISCRIMINATION AND RESTRICTION ON COMPETITION

181-25             (Sections 38.023-38.050 reserved for expansion)

181-26           SUBCHAPTER C.  EXAMINATIONS, TESTS, AND INSPECTIONS

181-27   Sec. 38.051.  EXAMINATION AND TEST OF INSTRUMENT OR EQUIPMENT;

 182-1                   INSPECTION 

 182-2   Sec. 38.052.  INSPECTION FOR CONSUMER 

 182-3             (Sections 38.053-38.070 reserved for expansion)

 182-4                 SUBCHAPTER D.  IMPROVEMENTS IN SERVICE

 182-5   Sec. 38.071.  IMPROVEMENTS IN SERVICE; INTERCONNECTING SERVICE 

 182-6              CHAPTER 38.  REGULATION OF ELECTRIC SERVICES

 182-7                        SUBCHAPTER A.  STANDARDS

 182-8         Sec. 38.001.  GENERAL STANDARD.  An electric utility shall

 182-9   furnish service, instrumentalities, and facilities that are safe,

182-10   adequate, efficient, and reasonable.  (V.A.C.S. Art. 1446c-0, Sec.

182-11   2.155(a).)

182-12         Sec. 38.002.  AUTHORITY OF REGULATORY AUTHORITY CONCERNING

182-13   STANDARDS.  A regulatory authority, on its own motion or on

182-14   complaint and after reasonable notice and hearing, may:

182-15               (1)  adopt just and reasonable standards,

182-16   classifications, rules, or practices an electric utility must

182-17   follow in furnishing a service;

182-18               (2)  adopt adequate and reasonable standards for

182-19   measuring a condition, including quantity, quality, pressure, and

182-20   initial voltage, relating to the furnishing of a service;

182-21               (3)  adopt reasonable rules for examining, testing, and

182-22   measuring a service; and

182-23               (4)  adopt or approve reasonable rules, specifications,

182-24   and standards to ensure the accuracy of equipment, including meters

182-25   and instruments, used to measure a service.  (V.A.C.S.

182-26   Art. 1446c-0, Sec. 2.155(b).)

182-27         Sec. 38.003.  RULE OR STANDARD.  (a)  An electric utility may

 183-1   not impose a rule except as provided by this title.

 183-2         (b)  An electric utility may file with the regulatory

 183-3   authority a standard, classification, rule, or practice the utility

 183-4   follows.

 183-5         (c)  The standard, classification, rule, or practice

 183-6   continues in force until:

 183-7               (1)  amended by the utility; or

 183-8               (2)  changed by the regulatory authority as provided by

 183-9   this title.  (V.A.C.S.  Art. 1446c-0, Secs. 2.153 (part),

183-10   2.155(c).)

183-11         Sec. 38.004.  MINIMUM CLEARANCE STANDARD.  Notwithstanding

183-12   any other law, a transmission or distribution line owned by an

183-13   electric utility must be constructed, operated, and maintained, as

183-14   to clearances, in the manner described by the National Electrical

183-15   Safety Code Standard ANSI (c)(2), as adopted by the American

183-16   National Safety Institute and in effect at the time of

183-17   construction.  (V.A.C.S. Art. 1446c-0, Sec.  2.155(d).)

183-18             (Sections 38.005-38.020 reserved for expansion)

183-19                     SUBCHAPTER B.  PROHIBITIONS ON

183-20                     PREFERENCES AND DISCRIMINATION

183-21         Sec. 38.021.  UNREASONABLE PREFERENCE OR PREJUDICE CONCERNING

183-22   SERVICE PROHIBITED.  In providing a service to persons in a

183-23   classification, an electric utility may not:

183-24               (1)  grant an unreasonable preference or advantage to a

183-25   person in the classification; or

183-26               (2)  subject a person in the classification to an

183-27   unreasonable prejudice or disadvantage.  (V.A.C.S. Art. 1446c-0,

 184-1   Sec. 2.214 (part).)

 184-2         Sec. 38.022.  DISCRIMINATION AND RESTRICTION ON COMPETITION.

 184-3   An electric utility may not:

 184-4               (1)  discriminate against a person who sells or leases

 184-5   equipment or performs services in competition with the electric

 184-6   utility; or

 184-7               (2)  engage in a practice that tends to restrict or

 184-8   impair that competition.  (V.A.C.S. Art. 1446c-0, Sec. 2.216.)

 184-9             (Sections 38.023-38.050 reserved for expansion)

184-10           SUBCHAPTER C.  EXAMINATIONS, TESTS, AND INSPECTIONS

184-11         Sec. 38.051.  EXAMINATION AND TEST OF INSTRUMENT OR

184-12   EQUIPMENT; INSPECTION.  (a)  A regulatory authority may:

184-13               (1)  examine and test equipment, including meters and

184-14   instruments, used to measure service of an electric utility; and

184-15               (2)  set up and use on the premises occupied by an

184-16   electric utility an apparatus or appliance necessary for the

184-17   examination or test.

184-18         (b)  The electric utility is entitled to be represented at an

184-19   examination, test, or inspection made under this section.

184-20         (c)  The electric utility and its officers and employees

184-21   shall facilitate the examination, test, or inspection by giving

184-22   reasonable aid to the regulatory authority and to any person

184-23   designated by the regulatory authority for the performance of those

184-24   duties.  (V.A.C.S. Art. 1446c-0, Sec. 2.156(a) (part).)

184-25         Sec. 38.052.  INSPECTION FOR CONSUMER.  (a)  A consumer may

184-26   have a meter or other measuring device tested by an electric

184-27   utility:

 185-1               (1)  once without charge, after a reasonable period of

 185-2   presumed accuracy the regulatory authority establishes by rule; and

 185-3               (2)  at a shorter interval on payment of a reasonable

 185-4   fee established by the regulatory authority.

 185-5         (b)  The regulatory authority shall establish reasonable fees

 185-6   to be paid for other examining or testing of a measuring device on

 185-7   the request of a consumer.

 185-8         (c)  If the consumer requests the test under Subsection

 185-9   (a)(2) and the measuring device is found unreasonably defective or

185-10   incorrect to the substantial disadvantage of the consumer, the fee

185-11   the consumer paid at the time of the request shall be refunded.

185-12   (V.A.C.S. Art. 1446c-0, Sec. 2.156(b).)

185-13             (Sections 38.053-38.070 reserved for expansion)

185-14                 SUBCHAPTER D.  IMPROVEMENTS IN SERVICE

185-15         Sec. 38.071.  IMPROVEMENTS IN SERVICE; INTERCONNECTING

185-16   SERVICE.  The commission, after notice and hearing, may:

185-17               (1)  order an electric utility to provide specified

185-18   improvements in its service in a specified area if:

185-19                     (A)  service in the area is inadequate or

185-20   substantially inferior to service in a comparable area; and

185-21                     (B)  requiring the company to provide the

185-22   improved service is reasonable; or

185-23               (2)  order two or more electric utilities to establish

185-24   specified facilities for interconnecting service.  (V.A.C.S.

185-25   Art. 1446c-0, Sec. 2.263.)

185-26                 (Chapters 39-50 reserved for expansion)

185-27                SUBTITLE C.  TELECOMMUNICATIONS UTILITIES

 186-1                    CHAPTER 51.  GENERAL PROVISIONS 

 186-2   Sec. 51.001.  POLICY 

 186-3   Sec. 51.002.  DEFINITIONS 

 186-4   Sec. 51.003.  APPLICABILITY 

 186-5   Sec. 51.004.  PRICING FLEXIBILITY 

 186-6   Sec. 51.005.  ASSISTANCE TO MUNICIPALITY 

 186-7   Sec. 51.006.  MUNICIPAL PARTICIPATION IN RATEMAKING

 186-8                   PROCEEDINGS 

 186-9   Sec. 51.007.  MUNICIPAL STANDING IN CERTAIN CASES 

186-10   Sec. 51.008.  JUDICIAL REVIEW 

186-11   Sec. 51.009.  MUNICIPAL FEES 

186-12   Sec. 51.010.  COMMISSION INVESTIGATION OF SALE, MERGER, OR

186-13                   CERTAIN OTHER ACTIONS 

186-14                     CHAPTER 51.  GENERAL PROVISIONS

186-15         Sec. 51.001.  POLICY.  (a)  Significant changes have occurred

186-16   in telecommunications since the law from which this title is

186-17   derived was originally adopted.  To encourage and accelerate the

186-18   development of a competitive and advanced telecommunications

186-19   environment and infrastructure, new rules, policies, and principles

186-20   must be formulated and applied to protect the public interest.

186-21         (b)  It is the policy of this state to:

186-22               (1)  promote diversity of telecommunications providers

186-23   and interconnectivity;

186-24               (2)  encourage a fully competitive telecommunications

186-25   marketplace; and

186-26               (3)  maintain a wide availability of high quality,

186-27   interoperable, standards-based telecommunications services at

 187-1   affordable rates.

 187-2         (c)  The policy goals described by Subsection (b) are best

 187-3   achieved by legislation that modernizes telecommunications

 187-4   regulation by:

 187-5               (1)  guaranteeing the affordability of basic telephone

 187-6   service in a competitively neutral manner; and

 187-7               (2)  fostering free market competition in the

 187-8   telecommunications industry.

 187-9         (d)  The technological advancements, advanced

187-10   telecommunications infrastructure, and increased customer choices

187-11   for telecommunications services generated by a truly competitive

187-12   market play a critical role in Texas' economic future by raising

187-13   living standards for Texans through:

187-14               (1)  enhanced economic development; and

187-15               (2)  improved delivery of education, health, and other

187-16   public and private services.

187-17         (e)  The strength of competitive forces varies widely between

187-18   markets, products, and services.  It is the policy of this state to

187-19   require the commission to take action necessary to enhance

187-20   competition by adjusting regulation to match the degree of

187-21   competition in the marketplace to:

187-22               (1)  reduce the cost and burden of regulation; and

187-23               (2)  protect markets that are not competitive.

187-24         (f)  It is the policy of this state to ensure that high

187-25   quality telecommunications services are available, accessible, and

187-26   usable by an individual with a disability, unless making the

187-27   services available, accessible, or usable would:

 188-1               (1)  result in an undue burden, including unreasonable

 188-2   cost or technical infeasibility; or

 188-3               (2)  have an adverse competitive effect.  (V.A.C.S.

 188-4   Art. 1446c-0, Sec. 3.001.)

 188-5         Sec. 51.002.  DEFINITIONS.  In this subtitle:

 188-6               (1)  "Basic local telecommunications service" means:

 188-7                     (A)  flat rate residential and business local

 188-8   exchange telephone service, including primary directory listings;

 188-9                     (B)  tone dialing service;

188-10                     (C)  access to operator services;

188-11                     (D)  access to directory assistance services;

188-12                     (E)  access to 911 service provided by a local

188-13   authority or dual party relay service;

188-14                     (F)  the ability to report service problems seven

188-15   days a week;

188-16                     (G)  lifeline and tel-assistance services; and

188-17                     (H)  any other service the commission determines

188-18   after a hearing is a basic local telecommunications service.

188-19               (2)  "Dominant carrier" means a provider of a

188-20   communication service provided wholly or partly over a telephone

188-21   system who the commission determines has sufficient market power in

188-22   a telecommunications market to control prices for that service in

188-23   that market in a manner adverse to the public interest.  The term

188-24   includes a provider who provided local exchange telephone service

188-25   within a certificated exchange area on September 1, 1995, as to

188-26   that service and as to any other service for which a competitive

188-27   alternative is not available in a particular geographic market.  In

 189-1   addition, with respect to:

 189-2                     (A)  intraLATA long distance message

 189-3   telecommunications service originated by dialing the access code

 189-4   "1-plus," the term includes a provider of local exchange telephone

 189-5   service in a certificated exchange area for whom the use of that

 189-6   access code for the origination of "1-plus" intraLATA calls in the

 189-7   exchange area is exclusive; and

 189-8                     (B)  interexchange services, the term does not

 189-9   include an interexchange carrier that is not a certificated local

189-10   exchange company.

189-11               (3)  "Incumbent local exchange company" means a local

189-12   exchange company that has a certificate of convenience and

189-13   necessity on September 1, 1995.

189-14               (4)  "Local exchange company" means a

189-15   telecommunications utility that has a certificate of convenience

189-16   and necessity or a certificate of operating authority to provide in

189-17   this state:

189-18                     (A)  local exchange telephone service;

189-19                     (B)  basic local telecommunications service; or

189-20                     (C)  switched access service.

189-21               (5)  "Local exchange telephone service" means

189-22   telecommunications service provided within an exchange to establish

189-23   connections between customer premises within the exchange,

189-24   including connections between a customer premises and a long

189-25   distance provider serving the exchange.  The term includes tone

189-26   dialing service, service connection charges, and directory

189-27   assistance services offered in connection with basic local

 190-1   telecommunications service and interconnection with other service

 190-2   providers.  The term does not include the following services,

 190-3   whether offered on an intraexchange or interexchange basis:

 190-4                     (A)  central office based PBX-type services for

 190-5   systems of 75 stations or more;

 190-6                     (B)  billing and collection services;

 190-7                     (C)  high-speed private line services of 1.544

 190-8   megabits or greater;

 190-9                     (D)  customized services;

190-10                     (E)  private line or virtual private line

190-11   services;

190-12                     (F)  resold or shared local exchange telephone

190-13   services if permitted by tariff;

190-14                     (G)  dark fiber services;

190-15                     (H)  non-voice data transmission service offered

190-16   as a separate service and not as a component of basic local

190-17   telecommunications service;

190-18                     (I)  dedicated or virtually dedicated access

190-19   services; or

190-20                     (J)  any other service the commission determines

190-21   is not a "local exchange telephone service."

190-22               (6)  "Long run incremental cost" has the meaning

190-23   assigned by 16 T.A.C. Section 23.91.

190-24               (7)  "Pricing flexibility" includes:

190-25                     (A)  customer specific contracts;

190-26                     (B)  packaging of services;

190-27                     (C)  volume, term, and discount pricing;

 191-1                     (D)  zone density pricing; and

 191-2                     (E)  other promotional pricing.

 191-3               (8)  "Public utility" or "utility" means a person or

 191-4   river authority that owns or operates for compensation in this

 191-5   state equipment or facilities to convey, transmit, or receive

 191-6   communications over a telephone system as a dominant carrier.  The

 191-7   term includes a lessee, trustee, or receiver of any of those

 191-8   entities, or a combination of those entities.  The term does not

 191-9   include a municipal corporation.  A person is not a public utility

191-10   solely because the person:

191-11                     (A)  furnishes or furnishes and maintains a

191-12   private system;

191-13                     (B)  manufactures, distributes, installs, or

191-14   maintains customer premise communications equipment and

191-15   accessories; or

191-16                     (C)  furnishes a telecommunications service or

191-17   commodity only to itself, its employees, or its tenants as an

191-18   incident of employment or tenancy, if that service or commodity is

191-19   not resold to or used by others.

191-20               (9)  "Separation" means the division of plant,

191-21   revenues, expenses, taxes, and reserves applicable to exchange or

191-22   local service if these items are used in common to provide public

191-23   utility service to both local exchange telephone service and other

191-24   service, such as interstate or intrastate toll service.

191-25               (10)  "Telecommunications provider":

191-26                     (A)  means:

191-27                           (i)  a certificated telecommunications

 192-1   utility;

 192-2                           (ii)  a shared tenant service provider;

 192-3                           (iii)  a nondominant carrier of

 192-4   telecommunications services;

 192-5                           (iv)  a provider of commercial mobile

 192-6   service as defined by Section 332(d), Communications Act of 1934

 192-7   (47 U.S.C. Section 151 et seq.), Federal Communications Commission

 192-8   rules, and the Omnibus Budget Reconciliation Act of 1993 (Public

 192-9   Law 103-66);

192-10                           (v)  a telecommunications entity that

192-11   provides central office based PBX-type sharing or resale

192-12   arrangements;

192-13                           (vi)  an interexchange telecommunications

192-14   carrier;

192-15                           (vii)  a specialized common carrier;

192-16                           (viii)  a reseller of communications;

192-17                           (ix)  a provider of operator services;

192-18                           (x)  a provider of customer-owned pay

192-19   telephone service; or

192-20                           (xi)  another person or entity determined

192-21   by the commission to provide telecommunications services to

192-22   customers in this state; and

192-23                     (B)  does not mean:

192-24                           (i)  a provider of enhanced or information

192-25   services, or another user of telecommunications services, who does

192-26   not also provide telecommunications services; or

192-27                           (ii)  a state agency or state institution

 193-1   of higher education, or a service provided by a state agency or

 193-2   state institution of higher education.

 193-3               (11)  "Telecommunications utility" means:

 193-4                     (A)  a public utility;

 193-5                     (B)  an interexchange telecommunications carrier,

 193-6   including a reseller of interexchange telecommunications services;

 193-7                     (C)  a specialized communications common carrier;

 193-8                     (D)  a reseller of communications;

 193-9                     (E)  a communications carrier who conveys,

193-10   transmits, or receives communications wholly or partly over a

193-11   telephone system;

193-12                     (F)  a provider of operator services as defined

193-13   by Section 55.081, unless the provider is a subscriber to

193-14   customer-owned pay telephone service; and

193-15                     (G)  a separated affiliate or an electronic

193-16   publishing joint venture as defined in Chapter 63.

193-17               (12)  "Tier 1 local exchange company" has the meaning

193-18   assigned by the Federal Communications Commission.  (V.A.C.S.

193-19   Art. 1446c-0, Secs. 3.002(1), (2) (part), (3), (5), (6), (7), (8)

193-20   (part), (9) (part), (10), (11), (12); New.)

193-21         Sec. 51.003.  APPLICABILITY.  Except as otherwise expressly

193-22   provided by this title, this title does not apply to:

193-23               (1)  a company that as its only form of business:

193-24                     (A)  is a telecommunications manager; or

193-25                     (B)  administers central office based or customer

193-26   based PBX-type sharing/resale arrangements;

193-27               (2)  telegraph services;

 194-1               (3)  television or radio stations;

 194-2               (4)  community antenna television services; or

 194-3               (5)  a provider of commercial mobile service as defined

 194-4   by Section 332(d), Communications Act of 1934 (47 U.S.C. Section

 194-5   151 et seq.), Federal Communications Commission rules, and the

 194-6   Omnibus Budget Reconciliation Act of 1993 (Public Law 103-66),

 194-7   other than conventional rural radio-telephone services provided by

 194-8   a wire-line telephone company under the Public Mobile Service rules

 194-9   of the Federal Communications Commission (47 C.F.R. Part 22).

194-10   (V.A.C.S.  Art. 1446c-0, Sec. 3.002(9) (part).)

194-11         Sec. 51.004.  PRICING FLEXIBILITY.  (a)  A discount or other

194-12   form of pricing flexibility may not be preferential, prejudicial,

194-13   or discriminatory.

194-14         (b)  This title does not prohibit a volume discount or other

194-15   discount based on a reasonable business purpose.  (V.A.C.S.

194-16   Art. 1446c-0, Secs. 3.002(8) (part), 3.051(m) (part).)

194-17         Sec. 51.005.  ASSISTANCE TO MUNICIPALITY.  On request of a

194-18   municipality, the commission may advise and assist the municipality

194-19   with respect to a question or proceeding arising under this title.

194-20   Assistance provided by the commission may include aid to a

194-21   municipality on a matter pending before the commission or a court,

194-22   such as making a staff member available as a witness or otherwise

194-23   providing evidence to the municipality. (V.A.C.S. Art. 1446c-0,

194-24   Sec. 3.102.)

194-25         Sec. 51.006.  MUNICIPAL PARTICIPATION IN RATEMAKING

194-26   PROCEEDINGS.      (a)  The governing body of a municipality

194-27   participating in a ratemaking proceeding may engage rate

 195-1   consultants, accountants, auditors, attorneys, and engineers to:

 195-2               (1)  conduct investigations, present evidence, and

 195-3   advise and represent the governing body; and

 195-4               (2)  assist the governing body with litigation before

 195-5   the commission or a court.

 195-6         (b)  The public utility in the ratemaking proceeding shall

 195-7   reimburse the governing body of the municipality for the reasonable

 195-8   cost of the services of a person engaged under Subsection (a) to

 195-9   the extent the commission determines is reasonable.  (V.A.C.S.

195-10   Art. 1446c-0, Sec. 3.101(a).)

195-11         Sec. 51.007.  MUNICIPAL STANDING IN CERTAIN CASES.  (a)  A

195-12   municipality has standing in each case before the commission that

195-13   relates to a utility providing service in the municipality.

195-14         (b)  A municipality's standing is subject to the right of the

195-15   commission to:

195-16               (1)  determine standing in a case involving a retail

195-17   service area dispute that involves two or more utilities; and

195-18               (2)  consolidate municipalities on an issue of common

195-19   interest.  (V.A.C.S.  Art. 1446c-0, Sec. 3.101(b) (part).)

195-20         Sec. 51.008.  JUDICIAL REVIEW.  A municipality is entitled to

195-21   judicial review of a commission order relating to a utility

195-22   providing services in the municipality as provided by Section

195-23   15.001.  (V.A.C.S. Art. 1446c-0, Sec. 3.101(b) (part).)

195-24         Sec. 51.009.  MUNICIPAL FEES.  (a)  Nothing in this title,

195-25   including Section 53.201, may be construed as in any way limiting

195-26   the right of a public utility to pass through a municipal fee,

195-27   including an increase in a municipal fee.

 196-1         (b)  A public utility that traditionally passes through

 196-2   municipal fees shall promptly pass through any municipal fee

 196-3   reduction.  (V.A.C.S. Art. 1446c-0, Secs. 3.1015, 3.211(g) (part).)

 196-4         Sec. 51.010.  COMMISSION INVESTIGATION OF SALE, MERGER, OR

 196-5   CERTAIN OTHER ACTIONS.  (a)  The commission, not later than the

 196-6   180th day after the date a public utility reports to the commission

 196-7   under Section 14.101, shall complete an investigation under that

 196-8   section and enter a final order.

 196-9         (b)  If a final order is not entered as required by

196-10   Subsection (a), the commission is considered to have determined

196-11   that the action taken by the public utility is consistent with the

196-12   public interest.

196-13         (c)  Section 14.101 does not apply to:

196-14               (1)  a company that receives a certificate of operating

196-15   authority or a service provider certificate of operating authority

196-16   under Chapter 54; or

196-17               (2)  a company electing under Chapter 58.  (V.A.C.S.

196-18   Art. 1446c-0, Sec. 3.053.)

196-19                  CHAPTER 52.  COMMISSION JURISDICTION

196-20         SUBCHAPTER A.  GENERAL POWERS AND DUTIES OF COMMISSION

196-21   Sec. 52.001.  POLICY 

196-22   Sec. 52.002.  AUTHORITY TO REGULATE 

196-23   Sec. 52.003.  COOPERATION WITH OTHER REGULATORY

196-24                   AUTHORITIES 

196-25   Sec. 52.004.  COMMISSION MAY ESTABLISH SEPARATE MARKETS 

196-26   Sec. 52.005.  MINIMUM REQUIREMENTS FOR DOMINANT CARRIERS 

196-27   Sec. 52.006.  COMMISSION TO REPORT TO LEGISLATURE 

 197-1             (Sections 52.007-52.050 reserved for expansion)

 197-2            SUBCHAPTER B.  INCUMBENT LOCAL EXCHANGE COMPANIES

 197-3   Sec. 52.051.  POLICY 

 197-4   Sec. 52.052.  APPLICABILITY 

 197-5   Sec. 52.053.  CERTAIN RATES PROHIBITED 

 197-6   Sec. 52.054.  RULES AND PROCEDURES FOR INCUMBENT LOCAL

 197-7                   EXCHANGE COMPANIES 

 197-8   Sec. 52.055.  HEARING TO DETERMINE LEVEL OF COMPETITION 

 197-9   Sec. 52.056.  SPECIFICALLY AUTHORIZED REGULATORY

197-10                   TREATMENTS 

197-11   Sec. 52.057.  CUSTOMER-SPECIFIC CONTRACTS 

197-12   Sec. 52.058.  NEW OR EXPERIMENTAL SERVICES OR PROMOTIONAL

197-13                   RATES 

197-14   Sec. 52.059.  RATES TO COVER APPROPRIATE COSTS 

197-15   Sec. 52.060.  ADMINISTRATIVE FEE OR ASSESSMENT 

197-16             (Sections 52.061-52.100 reserved for expansion)

197-17               SUBCHAPTER C.  TELECOMMUNICATIONS UTILITIES

197-18                     THAT ARE NOT DOMINANT CARRIERS

197-19   Sec. 52.101.  APPLICABILITY 

197-20   Sec. 52.102.  LIMITED REGULATORY AUTHORITY 

197-21   Sec. 52.103.  REGISTRATION REQUIRED 

197-22   Sec. 52.104.  COMMISSION MAY INVESTIGATE 

197-23   Sec. 52.105.  ACCESS TO CERTAIN SERVICES REQUIRED 

197-24   Sec. 52.106.  QUALITY OF SERVICE REQUIRED 

197-25   Sec. 52.107.  PREDATORY PRICING 

197-26   Sec. 52.108.  OTHER PROHIBITED PRACTICES 

197-27   Sec. 52.109.  AVAILABILITY OF SERVICE 

 198-1   Sec. 52.110.  BURDEN OF PROOF 

 198-2   Sec. 52.111.  COMMISSION MAY EXEMPT 

 198-3             (Sections 52.112-52.150 reserved for expansion)

 198-4                   SUBCHAPTER D.  CERTIFICATE HOLDERS

 198-5   Sec. 52.151.  APPLICABILITY 

 198-6   Sec. 52.152.  LIMITED REGULATORY AUTHORITY 

 198-7   Sec. 52.153.  BOOKS AND RECORDS 

 198-8   Sec. 52.154.  COMMISSION MAY NOT OVERBURDEN 

 198-9             (Sections 52.155-52.200 reserved for expansion)

198-10                 SUBCHAPTER E.  DEREGULATION OF SERVICE

198-11   Sec. 52.201.  DEREGULATION OF SERVICE 

198-12   Sec. 52.202.  DETERMINATION OF GEOGRAPHIC MARKET 

198-13   Sec. 52.203.  MARKET POWER TEST 

198-14   Sec. 52.204.  RATE FOR DEREGULATED SERVICE 

198-15   Sec. 52.205.  INVESTIGATION OF COMPETITION 

198-16   Sec. 52.206.  REREGULATION OF MARKET 

198-17   Sec. 52.207.  REPORTS; CONFIDENTIAL INFORMATION 

198-18             (Sections 52.208-52.250 reserved for expansion)

198-19          SUBCHAPTER F.  REQUIRED REPORTS AND FILINGS; RECORDS

198-20   Sec. 52.251.  TARIFF FILINGS 

198-21   Sec. 52.252.  DEPRECIATION ACCOUNT 

198-22   Sec. 52.253.  ACCOUNTS OF PROFITS AND LOSSES 

198-23   Sec. 52.254.  REPORT OF CERTAIN EXPENSES 

198-24   Sec. 52.255.  AVAILABILITY OF RECORDS 

198-25                  CHAPTER 52.  COMMISSION JURISDICTION

198-26         SUBCHAPTER A.  GENERAL POWERS AND DUTIES OF COMMISSION

198-27         Sec. 52.001.  POLICY.  (a)  It is the policy of this state to

 199-1   protect the public interest in having adequate and efficient

 199-2   telecommunications service available to each resident of this state

 199-3   at just, fair, and reasonable rates.

 199-4         (b)  The telecommunications industry, through technical

 199-5   advancements, federal legislative, judicial, and administrative

 199-6   actions, and the formulation of new telecommunications enterprises,

 199-7   has become and will continue to be in many and growing areas a

 199-8   competitive industry that does not lend itself to traditional

 199-9   public utility regulatory rules, policies, and principles.  As a

199-10   result, the public interest requires that rules, policies, and

199-11   principles be formulated and applied to:

199-12               (1)  protect the public interest; and

199-13               (2)  provide equal opportunity to each

199-14   telecommunications utility in a competitive marketplace.  (V.A.C.S.

199-15   Art. 1446c-0, Sec. 3.051(a).)

199-16         Sec. 52.002.  AUTHORITY TO REGULATE.  (a)  To carry out the

199-17   public policy stated by Section 52.001 and to regulate rates,

199-18   operations, and services so that the rates are just, fair, and

199-19   reasonable and the services are adequate and efficient, the

199-20   commission has exclusive original jurisdiction over the business

199-21   and property of a telecommunications utility in this state subject

199-22   to the limitations imposed by this title.

199-23         (b)  The commission's regulatory authority as to a

199-24   telecommunications utility other than a public utility is only as

199-25   prescribed by this title.  (V.A.C.S. Art. 1446c-0, Secs. 3.002(9)

199-26   (part), 3.051(b) (part).)

199-27         Sec. 52.003.  COOPERATION WITH OTHER REGULATORY AUTHORITIES.

 200-1   In regulating the rates, operations, and services of a

 200-2   telecommunications utility providing service in a municipality

 200-3   located on the state line adjacent to a municipality in an

 200-4   adjoining state, the commission may cooperate with the utility

 200-5   regulatory commission of the adjoining state or of the federal

 200-6   government and may hold a joint hearing or make a joint

 200-7   investigation with that commission. (V.A.C.S. Art. 1446c-0, Sec.

 200-8   3.051(b) (part).)

 200-9         Sec. 52.004.  COMMISSION MAY ESTABLISH SEPARATE MARKETS.  (a)

200-10   The commission may establish separate telecommunications markets in

200-11   this state if the commission determines that the public interest

200-12   will be served.  The commission shall hold hearings and require

200-13   evidence as necessary to:

200-14               (1)  carry out the public purpose of this chapter; and

200-15               (2)  determine the need and effect of establishing

200-16   separate markets.

200-17         (b)  A provider determined to be a dominant carrier as to a

200-18   particular telecommunications service in a market may not be

200-19   presumed to be a dominant carrier of a different telecommunications

200-20   service in that market. (V.A.C.S. Art. 1446c-0, Sec. 3.002(2)

200-21   (part).)

200-22         Sec. 52.005.  MINIMUM REQUIREMENTS FOR DOMINANT CARRIERS.

200-23   The commission shall impose as minimum requirements for a dominant

200-24   carrier the same requirements imposed by Subchapter C, except

200-25   Section 52.107.  (V.A.C.S. Art. 1446c-0, Sec. 3.051(q) (part).)

200-26         Sec. 52.006.  COMMISSION TO REPORT TO LEGISLATURE.  (a)

200-27   Before January 15 of each odd-numbered year, the commission shall

 201-1   report to the legislature on:

 201-2               (1)  the scope of competition in regulated

 201-3   telecommunications markets; and

 201-4               (2)  the effect of competition on customers in both

 201-5   competitive and noncompetitive markets, with a specific focus on

 201-6   rural markets.

 201-7         (b)  The report shall include:

 201-8               (1)  an assessment of the effect of competition on the

 201-9   rates and availability of telecommunications services for

201-10   residential and business customers;

201-11               (2)  a summary of commission action over the preceding

201-12   two years that reflects changes in the scope of competition in

201-13   regulated telecommunications markets; and

201-14               (3)  recommendations for legislation the commission

201-15   determines is appropriate to promote the public interest in the

201-16   context of a partially competitive telecommunications market.

201-17         (c)  The commission, in its assessment under Subsection

201-18   (b)(1), shall specifically address any effects on universal

201-19   service.

201-20         (d)  A telecommunications utility shall cooperate with the

201-21   commission as necessary for the commission to satisfy the

201-22   requirements of this section.  (V.A.C.S. Art. 1446c-0, Secs.

201-23   3.051(k), (q) (part).)

201-24             (Sections 52.007-52.050 reserved for expansion)

201-25            SUBCHAPTER B.  INCUMBENT LOCAL EXCHANGE COMPANIES

201-26         Sec. 52.051.  POLICY.  In adopting rules and establishing

201-27   procedures under this subchapter, the commission shall:

 202-1               (1)  attempt to balance the public interest in a

 202-2   technologically advanced telecommunications system providing a wide

 202-3   range of new and innovative services with traditional regulatory

 202-4   concerns for:

 202-5                     (A)  preserving universal service;

 202-6                     (B)  prohibiting anticompetitive practices; and

 202-7                     (C)  preventing the subsidization of competitive

 202-8   services with revenues from regulated monopoly services; and

 202-9               (2)  incorporate an appropriate mix of regulatory and

202-10   market mechanisms reflecting the level and nature of competition in

202-11   the marketplace. (V.A.C.S. Art. 1446c-0, Sec. 3.051(g) (part).)

202-12         Sec. 52.052.  APPLICABILITY.  This subchapter does not apply

202-13   to basic local telecommunications service, including local measured

202-14   service. (V.A.C.S. Art. 1446c-0, Sec. 3.051(j) (part).)

202-15         Sec. 52.053.  CERTAIN RATES PROHIBITED.  A rate established

202-16   under this subchapter may not be:

202-17               (1)  unreasonably preferential, prejudicial, or

202-18   discriminatory;

202-19               (2)  subsidized either directly or indirectly by a

202-20   regulated monopoly service; or

202-21               (3)  predatory or anticompetitive.  (V.A.C.S.

202-22   Art. 1446c-0, Sec. 3.051(g) (part).)

202-23         Sec. 52.054.  RULES AND PROCEDURES FOR INCUMBENT LOCAL

202-24   EXCHANGE COMPANIES.  (a)  To carry out the public policy stated in

202-25   Section 52.001, notwithstanding any other provision of this title,

202-26   the commission may adopt rules and establish procedures applicable

202-27   to incumbent local exchange companies to:

 203-1               (1)  determine the level of competition in a specific

 203-2   telecommunications market or submarket; and

 203-3               (2)  provide appropriate regulatory treatment to allow

 203-4   an incumbent local exchange company to respond to significant

 203-5   competitive challenges.

 203-6         (b)  This section does not change the burden of proof on an

 203-7   incumbent local exchange company under Sections 53.003, 53.006,

 203-8   53.051, 53.052, 53.053, 53.054, 53.055, 53.057, 53.058, 53.060, and

 203-9   53.062.  (V.A.C.S. Art. 1446c-0, Sec.  3.051(e)(1).)

203-10         Sec. 52.055.  HEARING TO DETERMINE LEVEL OF COMPETITION.  In

203-11   determining the level of competition in a specific market or

203-12   submarket, the commission shall hold an evidentiary hearing to

203-13   consider:

203-14               (1)  the number and size of telecommunications

203-15   utilities or other persons providing the same, equivalent, or

203-16   substitutable service;

203-17               (2)  the extent to which the same, equivalent, or

203-18   substitutable service is available;

203-19               (3)  the ability of a customer to obtain the same,

203-20   equivalent, or substitutable service at comparable rates and terms;

203-21               (4)  the ability of a telecommunications utility or

203-22   other person to make the same, equivalent, or substitutable service

203-23   readily available at comparable rates and terms;

203-24               (5)  the existence of a significant barrier to the

203-25   entry or exit of a provider of the service; and

203-26               (6)  other relevant information the commission

203-27   determines is appropriate.  (V.A.C.S. Art. 1446c-0, Sec.

 204-1   3.051(e)(2).)

 204-2         Sec. 52.056.  SPECIFICALLY AUTHORIZED REGULATORY TREATMENTS.

 204-3   The regulatory treatments the commission may implement under

 204-4   Section 52.054 include:

 204-5               (1)  approval of a range of rates for a specific

 204-6   service;

 204-7               (2)  approval of a customer-specific contract for a

 204-8   specific service; and

 204-9               (3)  the detariffing of rates.  (V.A.C.S. Art. 1446c-0,

204-10   Sec. 3.051(e)(3) (part).)

204-11         Sec. 52.057.  CUSTOMER-SPECIFIC CONTRACTS.  (a)  The

204-12   commission shall approve a customer-specific contract that meets

204-13   the requirements of Subsection (b) to provide:

204-14               (1)  central office based PBX-type services for a

204-15   system of 200 stations or more;

204-16               (2)  billing and collection services;

204-17               (3)  high-speed private line services of 1.544 megabits

204-18   or greater; or

204-19               (4)  customized services.

204-20         (b)  The commission shall approve a contract for a service

204-21   described by Subsection (a) if:

204-22               (1)  the contract is filed before the 30th day before

204-23   the date the service contracted for is initiated;

204-24               (2)  the contract is accompanied by an affidavit from

204-25   the person or entity contracting for the service stating that the

204-26   person or entity considered acquiring the same, equivalent, or

204-27   substitutable service by bid or quotation from a source other than

 205-1   the incumbent local exchange company;

 205-2               (3)  the incumbent local exchange company recovers the

 205-3   appropriate costs of providing the service; and

 205-4               (4)  approval of the contract is in the public

 205-5   interest.

 205-6         (c)  The commission shall approve or deny a contract under

 205-7   this section not later than the 30th day after the date the

 205-8   contract is filed, unless the commission for good cause extends the

 205-9   effective date for an additional 35 days.

205-10         (d)  An incumbent local exchange company may not price

205-11   similar services provided under contracts governed by this section

205-12   in an unreasonably discriminatory manner.

205-13         (e)  This section and Section 52.056(2) do not apply to:

205-14               (1)  message telecommunications service;

205-15               (2)  switched access service for an interexchange

205-16   carrier; or

205-17               (3)  wide area telecommunications service.

205-18         (f)  In this section, "similar services" means services that:

205-19               (1)  are provided at or near the same point in time;

205-20               (2)  have the same characteristics; and

205-21               (3)  are provided under the same or similar

205-22   circumstances.  (V.A.C.S. Art. 1446c-0, Secs. 3.051(e)(3) (part),

205-23   (j) (part).)

205-24         Sec. 52.058.  NEW OR EXPERIMENTAL SERVICES OR PROMOTIONAL

205-25   RATES.  (a)  To encourage the rapid introduction of new or

205-26   experimental services or promotional rates, the commission shall

205-27   adopt rules and establish procedures that allow:

 206-1               (1)  the expedited introduction of new or experimental

 206-2   services or promotional rates;

 206-3               (2)  the establishment and adjustment of rates; and

 206-4               (3)  the withdrawal of those services or promotional

 206-5   rates.

 206-6         (b)  The rules and procedures described by Subsection (a)

 206-7   must include rules and procedures to allow the governing body of a

 206-8   municipality served by an incumbent local exchange company having

 206-9   more than 500,000 access lines in this state to make requests to

206-10   the commission for new or experimental services or promotional

206-11   rates.

206-12         (c)  A rate established or adjusted at the request of a

206-13   municipality may not:

206-14               (1)  result in higher rates for ratepayers outside the

206-15   municipal boundaries; or

206-16               (2)  include a rate for incumbent local exchange

206-17   company interexchange service or interexchange carrier access

206-18   service.  (V.A.C.S. Art. 1446c-0, Sec. 3.051(f).)

206-19         Sec. 52.059.  RATES TO COVER APPROPRIATE COSTS.  (a)  The

206-20   commission by rule shall adopt standards necessary to ensure that a

206-21   rate established under this subchapter covers appropriate costs as

206-22   determined by the commission.

206-23         (b)  Until standards are set under Subsection (a), the

206-24   commission shall use a costing methodology that is in the public

206-25   interest to determine whether a rate established under this

206-26   subchapter covers appropriate costs. (V.A.C.S. Art. 1446c-0, Sec.

206-27   3.051(h).)

 207-1         Sec. 52.060.  ADMINISTRATIVE FEE OR ASSESSMENT.  The

 207-2   commission may prescribe and collect a fee or assessment from local

 207-3   exchange companies necessary to recover the cost to the commission

 207-4   and to the office of activities carried out and services provided

 207-5   under this subchapter and Section 52.006.  (V.A.C.S.  Art. 1446c-0,

 207-6   Sec. 3.051(i).)

 207-7             (Sections 52.061-52.100 reserved for expansion)

 207-8               SUBCHAPTER C.  TELECOMMUNICATIONS UTILITIES

 207-9                     THAT ARE NOT DOMINANT CARRIERS

207-10         Sec. 52.101.  APPLICABILITY.  This subchapter applies only to

207-11   a telecommunications utility that is not:

207-12               (1)  a dominant carrier; or

207-13               (2)  the holder of a certificate of operating authority

207-14   or a service provider certificate of operating authority.

207-15   (V.A.C.S. Art. 1446c-0, Sec. 3.051(c) (part).)

207-16         Sec. 52.102.  LIMITED REGULATORY AUTHORITY.  Except as

207-17   otherwise provided by this subchapter and Subchapter D, Chapter 55,

207-18   the commission has only the following jurisdiction over a

207-19   telecommunications utility subject to this subchapter:

207-20               (1)  to require registration under Section 52.103;

207-21               (2)  to conduct an investigation under Section 52.104;

207-22               (3)  to require the filing of reports as the commission

207-23   periodically directs;

207-24               (4)  to require the maintenance of statewide average

207-25   rates or prices of telecommunications service;

207-26               (5)  to require access to telecommunications service

207-27   under Section 52.105; and

 208-1               (6)  to require the quality of telecommunications

 208-2   service provided to be adequate under Section 52.106.  (V.A.C.S.

 208-3   Art. 1446c-0, Sec. 3.051(c) (part).)

 208-4         Sec. 52.103.  REGISTRATION REQUIRED.  (a)  A

 208-5   telecommunications utility shall register with the commission not

 208-6   later than the 30th day after the date the utility commences

 208-7   service to the public.

 208-8         (b)  A telecommunications utility that registers under

 208-9   Subsection (a) shall file with the commission a description of:

208-10               (1)  the location and type of service provided;

208-11               (2)  the price to the public of that service; and

208-12               (3)  other registration information the commission

208-13   directs.

208-14         (c)  An interexchange telecommunications utility doing

208-15   business in this state shall maintain on file with the commission

208-16   tariffs or lists governing the terms of providing its services.

208-17   (V.A.C.S. Art. 1446c-0, Sec. 3.051(d).)

208-18         Sec. 52.104.  COMMISSION MAY INVESTIGATE.  (a)  The

208-19   commission may investigate as necessary to determine the effect and

208-20   scope of competition in the telecommunications industry.  The

208-21   investigation may include:

208-22               (1)  identifying dominant carriers in the local

208-23   telecommunications and intraLATA interexchange telecommunications

208-24   industry; and

208-25               (2)  defining the telecommunications market or markets.

208-26         (b)  In conducting an investigation under this section, the

208-27   commission may:

 209-1               (1)  hold a hearing;

 209-2               (2)  issue a subpoena to compel the attendance of a

 209-3   witness or the production of a document; and

 209-4               (3)  make findings of fact and decisions to administer

 209-5   this title or a rule, order, or other action of the commission.

 209-6   (V.A.C.S. Art. 1446c-0, Sec. 3.051(c) (part).)

 209-7         Sec. 52.105.  ACCESS TO CERTAIN SERVICES REQUIRED.  (a)  The

 209-8   commission may require that each local exchange area have access to

 209-9   local and interexchange telecommunications service, except as

209-10   otherwise provided by this section.

209-11         (b)  The commission shall allow a telecommunications utility

209-12   to discontinue service to a local exchange area if:

209-13               (1)  comparable service is available in the area; and

209-14               (2)  discontinuing the service is not contrary to the

209-15   public interest.

209-16         (c)  This section does not authorize the commission to

209-17   require a telecommunications utility to initiate service to a local

209-18   exchange area to which the telecommunications utility:

209-19               (1)  did not provide service during the preceding

209-20   12-month period; and

209-21               (2)  has not provided service previously for a

209-22   cumulative period of at least one year.  (V.A.C.S. Art. 1446c-0,

209-23   Sec. 3.051(c) (part).)

209-24         Sec. 52.106.  QUALITY OF SERVICE REQUIRED.  The commission

209-25   may require the quality of telecommunications service provided in a

209-26   local exchange in which the commission determines that service has

209-27   deteriorated and become unreliable to be adequate to protect the

 210-1   public interest and the interests of customers of that exchange.

 210-2   (V.A.C.S. Art. 1446c-0, Sec.  3.051(c) (part).)

 210-3         Sec. 52.107.  PREDATORY PRICING.  (a)  The commission may

 210-4   enter an order necessary to protect the public interest if the

 210-5   commission finds by a preponderance of the evidence after notice

 210-6   and hearing that an interexchange telecommunications utility has:

 210-7               (1)  engaged in predatory pricing; or

 210-8               (2)  attempted to engage in predatory pricing.

 210-9         (b)  A hearing held by the commission under Subsection (a)

210-10   must be based on a complaint from another interexchange

210-11   telecommunications utility.

210-12         (c)  An order entered under Subsection (a) may include the

210-13   imposition on a specific service of the commission's full

210-14   regulatory authority under:

210-15               (1)  this chapter;

210-16               (2)  Chapters 14, 15, 51, 53, and 54; and

210-17               (3)  Subchapters A, D, and H, Chapter 55.

210-18         (d)  This section applies only to an interexchange

210-19   telecommunications utility.  (V.A.C.S. Art. 1446c-0, Sec.

210-20   3.051(l).)

210-21         Sec. 52.108.  OTHER PROHIBITED PRACTICES.  The commission may

210-22   enter any order necessary to protect the public interest if the

210-23   commission finds after notice and hearing that a telecommunications

210-24   utility has:

210-25               (1)  failed to maintain statewide average rates;

210-26               (2)  abandoned interexchange message telecommunications

210-27   service to a local exchange area in a manner contrary to the public

 211-1   interest; or

 211-2               (3)  engaged in a pattern of preferential or

 211-3   discriminatory activities prohibited by Section 53.003(5), 55.005,

 211-4   or 55.006.  (V.A.C.S. Art. 1446c-0, Secs. 3.051(m) (part), (q)

 211-5   (part).)

 211-6         Sec. 52.109.  AVAILABILITY OF SERVICE.  (a)  The commission

 211-7   may require a telecommunications utility that provides a service to

 211-8   make that service available in an exchange served by the

 211-9   telecommunications utility within a reasonable time after receipt

211-10   of a bona fide request for the service in that exchange.

211-11         (b)  A telecommunications utility may not be required to

211-12   extend a service to an area if:

211-13               (1)  the local exchange company is unable to provide

211-14   the required access or other service; or

211-15               (2)  extending the service would, after consideration

211-16   of the public interest to be served, impose unreasonable costs on

211-17   or require unreasonable investments by the telecommunications

211-18   utility.

211-19         (c)  The commission may require from a telecommunications

211-20   utility or a local exchange company information necessary to

211-21   enforce this section.  (V.A.C.S. Art. 1446c-0, Secs. 3.051(o), (q)

211-22   (part).)

211-23         Sec. 52.110.  BURDEN OF PROOF.  (a)  In a proceeding before

211-24   the commission in which it is alleged that a telecommunications

211-25   utility engaged in conduct in violation of Section 52.107, 52.108,

211-26   or 52.109, the burden of proof is on:

211-27               (1)  a telecommunications utility complaining of

 212-1   conduct committed against it in violation of this subchapter; or

 212-2               (2)  except as provided by Subsection (b), the

 212-3   responding telecommunications utility if the proceedings are:

 212-4                     (A)  brought by a customer or customer

 212-5   representative who is not a telecommunications utility; or

 212-6                     (B)  initiated by the commission.

 212-7         (b)  The commission may impose the burden of proof on the

 212-8   complaining party in a proceeding described by Subsection (a)(2) if

 212-9   the commission determines that placing the burden of proof on the

212-10   complaining party is in the public interest.  (V.A.C.S.

212-11   Art. 1446c-0, Secs. 3.051(n), (q) (part).)

212-12         Sec. 52.111.  COMMISSION MAY EXEMPT.  The commission may

212-13   exempt from a requirement of this subchapter a telecommunications

212-14   utility that:

212-15               (1)  does not have a significant effect on the public

212-16   interest, as determined by the commission; or

212-17               (2)  relies solely on the facilities of others to

212-18   complete long distance calls, if the commission determines that the

212-19   exemption is in the public interest.  (V.A.C.S. Art. 1446c-0, Secs.

212-20   3.051(p), (q) (part).)

212-21             (Sections 52.112-52.150 reserved for expansion)

212-22                   SUBCHAPTER D.  CERTIFICATE HOLDERS

212-23         Sec. 52.151.  APPLICABILITY.  This subchapter applies only to

212-24   a telecommunications utility that holds a certificate of operating

212-25   authority or a service provider certificate of operating authority.

212-26   (V.A.C.S. Art. 1446c-0, Secs. 3.051(r) (part), (s)(1) (part),

212-27   (s)(2) (part).)

 213-1         Sec. 52.152.  LIMITED REGULATORY AUTHORITY.  Except as

 213-2   otherwise specifically provided by this title, the commission has

 213-3   only the following authority over a telecommunications utility

 213-4   subject to this subchapter:

 213-5               (1)  to enforce this title under Subchapter B, Chapter

 213-6   15;

 213-7               (2)  to assert jurisdiction over a specific service

 213-8   under Subchapter E;

 213-9               (3)  to require co-carriage reciprocity; and

213-10               (4)  to regulate condemnation and building access.

213-11   (V.A.C.S. Art. 1446c-0, Sec. 3.051(s)(1).)

213-12         Sec. 52.153.  BOOKS AND RECORDS.  The commission may

213-13   prescribe forms of books, accounts, records, and memoranda to be

213-14   kept by a telecommunications utility, but only as necessary to

213-15   enforce the limited jurisdiction over those companies that this

213-16   title provides to the commission. (V.A.C.S. Art. 1446c-0, Sec.

213-17   3.051(r).)

213-18         Sec. 52.154.  COMMISSION MAY NOT OVERBURDEN.  The commission

213-19   may not, by a rule or regulatory practice adopted under this

213-20   chapter, impose on a telecommunications utility a greater

213-21   regulatory burden than is imposed on a holder of a certificate of

213-22   convenience and necessity serving the same area. (V.A.C.S.

213-23   Art. 1446c-0, Sec. 3.051(s)(2).)

213-24             (Sections 52.155-52.200 reserved for expansion)

213-25                 SUBCHAPTER E.  DEREGULATION OF SERVICE

213-26         Sec. 52.201.  DEREGULATION OF SERVICE.  Notwithstanding any

213-27   other provision of this title, the commission may deregulate the

 214-1   price of a service in a geographic market if, after notice and

 214-2   hearing, the commission determines that:

 214-3               (1)  the incumbent local exchange company is not

 214-4   dominant for the service in that geographic market; or

 214-5               (2)  the holder of a certificate of operating authority

 214-6   who is a dominant carrier is no longer dominant for the service in

 214-7   that geographic market.  (V.A.C.S. Art. 1446c-0, Sec. 3.2572(a)

 214-8   (part).)

 214-9         Sec. 52.202.  DETERMINATION OF GEOGRAPHIC MARKET.  In

214-10   determining the geographic market under Section 52.201, the

214-11   commission shall consider the economic and technical conditions of

214-12   the market.  (V.A.C.S. Art. 1446c-0, Sec. 3.2572(a) (part).)

214-13         Sec. 52.203.  MARKET POWER TEST.  (a) To determine whether an

214-14   incumbent local exchange company or holder of a certificate of

214-15   operating authority who is a dominant carrier is no longer dominant

214-16   for a service in a geographic market, the commission must find

214-17   that:

214-18               (1)  there is an effective competitive alternative; and

214-19               (2)  the incumbent local exchange company or

214-20   certificate holder does not have market power sufficient to

214-21   control, in a manner that is adverse to the public interest, the

214-22   price of the service in the geographic area.

214-23         (b)  To determine whether the incumbent local exchange

214-24   company or certificate holder is dominant for a service in the

214-25   geographic area, the commission shall consider:

214-26               (1)  the number and size of telecommunications

214-27   utilities or other persons who provide the same, equivalent, or

 215-1   substitutable service in the relevant market;

 215-2               (2)  the extent to which the service is available in

 215-3   the relevant market;

 215-4               (3)  the ability of customers in the relevant market to

 215-5   obtain the same, equivalent, or substitutable service at comparable

 215-6   rates and on comparable terms;

 215-7               (4)  the ability of a telecommunications utility or

 215-8   other person to make the same, equivalent, or substitutable service

 215-9   readily available in the relevant market at comparable rates and on

215-10   comparable terms;

215-11               (5)  the proportion of the relevant market that is

215-12   being provided the service by a telecommunications utility other

215-13   than the incumbent local exchange company or holder of a

215-14   certificate of operating authority who is a dominant carrier; and

215-15               (6)  other relevant information the commission

215-16   considers necessary.  (V.A.C.S. Art. 1446c-0, Secs. 3.2572(b),

215-17   (c).)

215-18         Sec. 52.204.  RATE FOR DEREGULATED SERVICE.  If the price of

215-19   a service in a geographic market is deregulated under this

215-20   subchapter, the incumbent local exchange company or holder of a

215-21   certificate of operating authority may set the rate for the service

215-22   at any level higher than the service's long run incremental cost.

215-23   (V.A.C.S. Art. 1446c-0, Sec. 3.2572(a) (part).)

215-24         Sec. 52.205.  INVESTIGATION OF COMPETITION.  (a)  On request

215-25   of an incumbent local exchange company or holder of a certificate

215-26   of operating authority who is a dominant carrier made in

215-27   conjunction with an application under this subchapter, the

 216-1   commission shall investigate to determine the effect and scope of

 216-2   competition in the geographic and service markets at issue.

 216-3         (b)  The commission has the power necessary and convenient to

 216-4   conduct the investigation.  In conducting an investigation, the

 216-5   commission may:

 216-6               (1)  hold a hearing;

 216-7               (2)  issue a subpoena to compel the attendance of a

 216-8   witness and the production of a document; and

 216-9               (3)  make findings of fact and decisions with respect

216-10   to the markets.

216-11         (c)  A party to a proceeding may use, in an application for

216-12   pricing flexibility, the results of an investigation conducted

216-13   under this section.  (V.A.C.S. Art. 1446c-0, Secs. 3.2572(e), (f).)

216-14         Sec. 52.206.  REREGULATION OF MARKET.  The commission, on its

216-15   own motion or on a complaint that the commission considers to have

216-16   merit, may assert regulation over a service in a geographic market

216-17   if:

216-18               (1)  the incumbent local exchange company or holder of

216-19   a certificate of operating authority who was previously a dominant

216-20   carrier is found to again be dominant for the service in that

216-21   geographic market; or

216-22               (2)  the provider of services under a certificate of

216-23   operating authority or service provider certificate of operating

216-24   authority is found to be dominant for the service in that

216-25   geographic market.  (V.A.C.S. Art. 1446c-0, Sec. 3.2572(d).)

216-26         Sec. 52.207.  REPORTS; CONFIDENTIAL INFORMATION.  (a)  In

216-27   conjunction with the commission's authority to collect and compile

 217-1   information, the commission may collect a report from a holder of

 217-2   a:

 217-3               (1)  certificate of operating authority; or

 217-4               (2)  service provider certificate of operating

 217-5   authority.

 217-6         (b)  The commission shall maintain the confidentiality of

 217-7   information contained in a report collected under this section that

 217-8   is claimed to be confidential for competitive purposes.  The

 217-9   confidential information is exempt from disclosure under Chapter

217-10   552, Government Code.

217-11         (c)  To protect the confidential information, the commission

217-12   shall aggregate the information to the maximum extent possible

217-13   considering the purpose of the proceeding.  (V.A.C.S. Art. 1446c-0,

217-14   Sec. 3.2572(g).)

217-15             (Sections 52.208-52.250 reserved for expansion)

217-16          SUBCHAPTER F.  REQUIRED REPORTS AND FILINGS; RECORDS

217-17         Sec. 52.251.  TARIFF FILINGS.  (a)  A public utility shall

217-18   file with the commission a tariff showing each rate that is:

217-19               (1)  subject to the commission's jurisdiction; and

217-20               (2)  in effect for a utility service, product, or

217-21   commodity offered by the utility.

217-22         (b)  The public utility shall file as a part of the tariff

217-23   required under Subsection (a) each rule that relates to or affects:

217-24               (1)  a rate of the utility; or

217-25               (2)  a utility service, product, or commodity furnished

217-26   by the utility.  (V.A.C.S.  Art. 1446c-0, Sec. 3.154.)

217-27         Sec. 52.252.  DEPRECIATION ACCOUNT.  The commission shall

 218-1   require each public utility to carry a proper and adequate

 218-2   depreciation account in accordance with:

 218-3               (1)  the rates and methods prescribed by the commission

 218-4   under Section 53.056; and

 218-5               (2)  any other rule the commission adopts.  (V.A.C.S.

 218-6   Art. 1446c-0, Sec. 3.151(a) (part).)

 218-7         Sec. 52.253.  ACCOUNTS OF PROFITS AND LOSSES.  A public

 218-8   utility shall keep separate accounts showing profits or losses from

 218-9   the sale or lease of merchandise, including an appliance, a

218-10   fixture, or equipment.  (V.A.C.S. Art. 1446c-0, Sec. 3.151(b)

218-11   (part).)

218-12         Sec. 52.254.  REPORT OF CERTAIN EXPENSES.  The commission may

218-13   require a public utility to annually report the utility's

218-14   expenditures for:

218-15               (1)  business gifts and entertainment; and

218-16               (2)  advertising or public relations, including

218-17   expenditures for institutional and consumption-inducing purposes.

218-18   (V.A.C.S. Art. 1446c-0, Sec.  3.152(a).)

218-19         Sec. 52.255.  AVAILABILITY OF RECORDS.  Notwithstanding

218-20   Section 14.152, a book, account, record, or memorandum of a public

218-21   utility may be removed from this state if the book, account,

218-22   record, or memorandum is returned to this state for any commission

218-23   inspection authorized by this title.  (V.A.C.S. Art. 1446c-0, Sec.

218-24   3.1545.)

218-25                           CHAPTER 53.  RATES

218-26                    SUBCHAPTER A.  GENERAL PROVISIONS

218-27   Sec. 53.001.  AUTHORIZATION TO ESTABLISH AND REGULATE

 219-1                   RATES 

 219-2   Sec. 53.002.  COMPLIANCE WITH TITLE 

 219-3   Sec. 53.003.  JUST AND REASONABLE RATES 

 219-4   Sec. 53.004.  EQUALITY OF RATES AND SERVICES 

 219-5   Sec. 53.005.  RATES FOR AREA NOT IN MUNICIPALITY 

 219-6   Sec. 53.006.  BURDEN OF PROOF 

 219-7   Sec. 53.007.  LIMIT ON RECONNECTION FEE 

 219-8             (Sections 53.008-53.050 reserved for expansion)

 219-9                   SUBCHAPTER B.  COMPUTATION OF RATES

219-10   Sec. 53.051.  ESTABLISHING OVERALL REVENUES 

219-11   Sec. 53.052.  ESTABLISHING REASONABLE RETURN 

219-12   Sec. 53.053.  COMPONENTS OF INVESTED CAPITAL 

219-13   Sec. 53.054.  CONSTRUCTION WORK IN PROGRESS 

219-14   Sec. 53.055.  SEPARATIONS AND ALLOCATIONS 

219-15   Sec. 53.056.  DEPRECIATION, AMORTIZATION, AND DEPLETION 

219-16   Sec. 53.057.  NET INCOME; DETERMINATION OF REVENUES AND

219-17                   EXPENSES 

219-18   Sec. 53.058.  CONSIDERATION OF PAYMENT TO AFFILIATE 

219-19   Sec. 53.059.  TREATMENT OF CERTAIN TAX BENEFITS 

219-20   Sec. 53.060.  COMPUTATION OF INCOME TAX; CONSOLIDATED RETURN 

219-21   Sec. 53.061.  ALLOWANCE OF CERTAIN

219-22                   EXPENSES 

219-23   Sec. 53.062.  CONSIDERATION OF CERTAIN EXPENSES 

219-24   Sec. 53.063.  CONSIDERATION OF PROFIT OR LOSS FROM

219-25                   SALE OR LEASE OF MERCHANDISE 

219-26   Sec. 53.064.  SELF-INSURANCE 

219-27   Sec. 53.065.  INTEREXCHANGE SERVICES; RATES OF

 220-1                   INCUMBENT LOCAL EXCHANGE COMPANY 

 220-2             (Sections 53.066-53.100 reserved for expansion)

 220-3               SUBCHAPTER C.  GENERAL PROCEDURES FOR RATE

 220-4                       CHANGE PROPOSED BY UTILITY

 220-5   Sec. 53.101.  DEFINITION 

 220-6   Sec. 53.102.  STATEMENT OF INTENT TO CHANGE RATES 

 220-7   Sec. 53.103.  NOTICE OF INTENT TO CHANGE RATES 

 220-8   Sec. 53.104.  EARLY EFFECTIVE DATE OF RATE CHANGE 

 220-9   Sec. 53.105.  DETERMINATION OF PROPRIETY OF CHANGE; HEARING 

220-10   Sec. 53.106.  REGIONAL HEARING 

220-11   Sec. 53.107.  PREFERENCE TO HEARING 

220-12   Sec. 53.108.  RATE SUSPENSION; DEADLINE 

220-13   Sec. 53.109.  TEMPORARY RATES 

220-14   Sec. 53.110.  BONDED RATES 

220-15   Sec. 53.111.  ESTABLISHMENT OF FINAL RATES 

220-16   Sec. 53.112.  EXPIRATION OF SUSPENSION; EFFECT ON CERTAIN

220-17                   RATES 

220-18   Sec. 53.113.  FCC-APPROVED TARIFFS FOR SWITCHED-ACCESS

220-19                   SERVICE 

220-20             (Sections 53.114-53.150 reserved for expansion)

220-21           SUBCHAPTER D.  RATE CHANGES PROPOSED BY COMMISSION

220-22   Sec. 53.151.  UNREASONABLE OR VIOLATIVE EXISTING RATES 

220-23   Sec. 53.152.  INVESTIGATING COSTS OF OBTAINING SERVICE FROM

220-24                   ANOTHER SOURCE 

220-25             (Sections 53.153-53.200 reserved for expansion)

220-26            SUBCHAPTER E.  COST RECOVERY AND RATE ADJUSTMENTS

220-27   Sec. 53.201.  AUTOMATIC ADJUSTMENT FOR CHANGE IN COSTS

 221-1                   PROHIBITED 

 221-2   Sec. 53.202.  ADJUSTMENT FOR CHANGE IN TAX LIABILITY 

 221-3             (Sections 53.203-53.250 reserved for expansion)

 221-4       SUBCHAPTER F.  REGULATORY POLICY FOR SMALL INCUMBENT LOCAL

 221-5                   EXCHANGE COMPANIES AND COOPERATIVES

 221-6   Sec. 53.251.  GENERAL POLICY 

 221-7   Sec. 53.252.  ADOPTION OF CERTAIN POLICIES 

 221-8             (Sections 53.253-53.300 reserved for expansion)

 221-9               SUBCHAPTER G.  SPECIAL PROCEDURES FOR SMALL

221-10                LOCAL EXCHANGE COMPANIES AND COOPERATIVES

221-11   Sec. 53.301.  DEFINITION 

221-12   Sec. 53.302.  APPLICABILITY 

221-13   Sec. 53.303.  PROVISIONS NOT EXCLUSIVE 

221-14   Sec. 53.304.  PROCEDURE TO OFFER CERTAIN SERVICES OR MAKE MINOR

221-15                   CHANGES 

221-16   Sec. 53.305.  NOTICE TO AFFECTED CUSTOMERS 

221-17   Sec. 53.306.  COMMISSION REVIEW OF PROPOSED CHANGE 

221-18   Sec. 53.307.  COMPLIANCE WITH PRINCIPLES; REDUCED RATES 

221-19   Sec. 53.308.  FEES AND ASSESSMENTS 

221-20             (Sections 53.309-53.350 reserved for expansion)

221-21            SUBCHAPTER H.  PARTIAL DEREGULATION AVAILABLE TO

221-22                    CERTAIN COOPERATIVE CORPORATIONS

221-23   Sec. 53.351.  PROVISIONS NOT EXCLUSIVE 

221-24   Sec. 53.352.  PARTIAL DEREGULATION BY BALLOT 

221-25   Sec. 53.353.  VOTING PROCEDURES 

221-26   Sec. 53.354.  PROCEDURE TO OFFER CERTAIN SERVICES OR MAKE CERTAIN

221-27                   CHANGES 

 222-1   Sec. 53.355.  STATEMENT OF INTENT 

 222-2   Sec. 53.356.  NOTICE TO AFFECTED PERSONS 

 222-3   Sec. 53.357.  FILING OF AFFIDAVITS VERIFYING NOTICE 

 222-4   Sec. 53.358.  COMMISSION REVIEW OF PROPOSED ACTION 

 222-5   Sec. 53.359.  REVERSAL OF DEREGULATION BY BALLOT 

 222-6                           CHAPTER 53.  RATES

 222-7                    SUBCHAPTER A.  GENERAL PROVISIONS

 222-8         Sec. 53.001.  AUTHORIZATION TO ESTABLISH AND REGULATE RATES.

 222-9   (a)  Except as otherwise provided by this title, the commission may

222-10   establish and regulate rates of a public utility and may adopt

222-11   rules for determining:

222-12               (1)  the classification of customers and services; and

222-13               (2)  the applicability of rates.

222-14         (b)  A rule or order of the commission may not conflict with

222-15   a ruling of a federal regulatory body.  (V.A.C.S. Art. 1446c-0,

222-16   Sec. 3.201.)

222-17         Sec. 53.002.  COMPLIANCE WITH TITLE.  A utility may not

222-18   charge or receive a rate for utility service except as provided by

222-19   this title.  (V.A.C.S. Art. 1446c-0, Sec. 3.153 (part).)

222-20         Sec. 53.003.  JUST AND REASONABLE RATES.  (a)  The commission

222-21   shall ensure that each rate a public utility or two or more public

222-22   utilities jointly make, demand, or receive is just and reasonable.

222-23         (b)  A rate may not be unreasonably preferential,

222-24   prejudicial, or discriminatory but must be sufficient, equitable,

222-25   and consistent in application to each class of consumer.

222-26         (c)  A public utility may not:

222-27               (1)  grant an unreasonable preference or advantage

 223-1   concerning rates to a person in a classification;

 223-2               (2)  subject a person in a classification to an

 223-3   unreasonable prejudice or disadvantage concerning rates; or

 223-4               (3)  establish or maintain an unreasonable difference

 223-5   concerning rates between localities or between classes of service.

 223-6         (d)  In establishing a public utility's rates, the commission

 223-7   may treat as a single class two or more municipalities that a

 223-8   public utility serves if the commission considers that treatment to

 223-9   be appropriate.  (V.A.C.S.  Art. 1446c-0, Secs. 3.202 (part), 3.215

223-10   (part).)

223-11         Sec. 53.004.  EQUALITY OF RATES AND SERVICES.  (a)  A public

223-12   utility may not directly or indirectly charge, demand, or receive

223-13   from a person a greater or lesser compensation for a service

223-14   provided or to be provided by the utility than the compensation

223-15   prescribed by the applicable tariff filed under Section 52.251.

223-16         (b)  A person may not knowingly receive or accept a service

223-17   from a public utility for a compensation greater or less than the

223-18   compensation prescribed by the tariff.

223-19         (c)  This title does not prevent a cooperative corporation

223-20   from returning to its members net earnings resulting from its

223-21   operations in proportion to the members' purchases from or through

223-22   the corporation.  (V.A.C.S. Art. 1446c-0, Sec. 3.216.)

223-23         Sec. 53.005.  RATES FOR AREA NOT IN MUNICIPALITY.  Without

223-24   the approval of the commission, a public utility's rates for an

223-25   area not in a municipality may not exceed 115 percent of the

223-26   average of all rates for similar services for all municipalities

223-27   served by the same utility in the same county as that area.

 224-1   (V.A.C.S. Art. 1446c-0, Sec. 3.214.)

 224-2         Sec. 53.006.  BURDEN OF PROOF.  (a)  In a proceeding

 224-3   involving a proposed rate change, the public utility has the burden

 224-4   of proving that:

 224-5               (1)  the rate change is just and reasonable, if the

 224-6   utility proposes the change; or

 224-7               (2)  an existing rate is just and reasonable, if the

 224-8   proposal is to reduce the rate.

 224-9         (b)  In a proceeding in which the rate of an incumbent local

224-10   exchange company is in issue, the incumbent local exchange company

224-11   has the burden of proving that the rate is just and reasonable.

224-12   (V.A.C.S. Art. 1446c-0, Sec. 3.204.)

224-13         Sec. 53.007.  LIMIT ON RECONNECTION FEE.  The commission

224-14   shall establish a reasonable limit on the amount that a local

224-15   exchange company may charge a customer for changing the location at

224-16   which the customer receives service.  (V.A.C.S. Art. 1446c-0, Sec.

224-17   3.1556.)

224-18             (Sections 53.008-53.050 reserved for expansion)

224-19                   SUBCHAPTER B.  COMPUTATION OF RATES

224-20         Sec. 53.051.  ESTABLISHING OVERALL REVENUES.  In establishing

224-21   a public utility's rates, the commission shall establish the

224-22   utility's overall revenues at an amount that will permit the

224-23   utility a reasonable opportunity to earn a reasonable return on the

224-24   utility's invested capital used and useful in providing service to

224-25   the public in excess of the utility's reasonable and necessary

224-26   operating expenses.  (V.A.C.S. Art. 1446c-0, Sec. 3.203(a).)

224-27         Sec. 53.052.  ESTABLISHING REASONABLE RETURN.  In

 225-1   establishing a reasonable return on invested capital, the

 225-2   commission shall consider applicable factors, including:

 225-3               (1)  the quality of the utility's services;

 225-4               (2)  the efficiency of the utility's operations; and

 225-5               (3)  the quality of the utility's management.

 225-6   (V.A.C.S. Art. 1446c-0, Sec.  3.203(b).)

 225-7         Sec. 53.053.  COMPONENTS OF INVESTED CAPITAL.  (a)  Public

 225-8   utility rates shall be based on the original cost, less

 225-9   depreciation, of property used by and useful to the utility in

225-10   providing service.

225-11         (b)  The original cost of property shall be determined at the

225-12   time the property is dedicated to public use, whether by the

225-13   utility that is the present owner or by a predecessor.

225-14         (c)  In this section, "original cost" means the actual money

225-15   cost or the actual money value of consideration paid other than

225-16   money.  (V.A.C.S.  Art. 1446c-0, Secs. 3.206(a) (part), (c).)

225-17         Sec. 53.054.  CONSTRUCTION WORK IN PROGRESS.  (a)

225-18   Construction work in progress, at cost as recorded on the public

225-19   utility's books, may be included in the utility's rate base.  The

225-20   inclusion of construction work in progress is an exceptional form

225-21   of rate relief that the commission may grant only if the utility

225-22   demonstrates that inclusion is necessary to the utility's financial

225-23   integrity.

225-24         (b)  Construction work in progress may not be included in the

225-25   rate base for a major project under construction to the extent that

225-26   the project has been inefficiently or imprudently planned or

225-27   managed.  (V.A.C.S. Art. 1446c-0, Secs.  3.206(a) (part), (b).)

 226-1         Sec. 53.055.  SEPARATIONS AND ALLOCATIONS.  Costs of

 226-2   facilities, revenues, expenses, taxes, and reserves shall be

 226-3   separated or allocated as prescribed by the commission.  (V.A.C.S.

 226-4   Art. 1446c-0, Sec.  3.207.)

 226-5         Sec. 53.056.  DEPRECIATION, AMORTIZATION, AND DEPLETION.  (a)

 226-6   The commission shall establish proper and adequate rates and

 226-7   methods of depreciation, amortization, or depletion for each class

 226-8   of property of a public utility.

 226-9         (b)  On application of a utility, the commission shall

226-10   establish depreciation rates that promote the use of new technology

226-11   and infrastructure.  In establishing rates under this subsection,

226-12   the commission shall consider depreciation practices of

226-13   nonregulated telecommunications providers.

226-14         (c)  The rates and methods established under this section and

226-15   the depreciation account required by Section 52.252 shall be used

226-16   uniformly and consistently throughout rate-setting and appeal

226-17   proceedings.

226-18         (d)  Notwithstanding this section, a company electing under

226-19   Chapter 58 may determine its own depreciation rates and

226-20   amortizations.  The company shall notify the commission of any

226-21   change in those rates or amortizations.  (V.A.C.S.  Art. 1446c-0,

226-22   Sec. 3.151(a) (part).)

226-23         Sec. 53.057.  NET INCOME; DETERMINATION OF REVENUES AND

226-24   EXPENSES.  (a)  A public utility's net income is the total revenues

226-25   of the utility less all reasonable and necessary expenses as

226-26   determined by the commission.

226-27         (b)  The commission shall determine revenues and expenses in

 227-1   a manner consistent with this subchapter.

 227-2         (c)  The commission may adopt reasonable rules with respect

 227-3   to whether an expense is allowed for ratemaking purposes.

 227-4   (V.A.C.S. Art. 1446c-0, Secs. 3.208(a), (e).)

 227-5         Sec. 53.058.  CONSIDERATION OF PAYMENT TO AFFILIATE.  (a)

 227-6   Except as provided by Subsection (b), the commission may not allow

 227-7   as capital cost or as expense a payment to an affiliate for:

 227-8               (1)  cost of a service, property, right, or other item;

 227-9   or

227-10               (2)  interest expense.

227-11         (b)  The commission may allow a payment described by

227-12   Subsection (a) only to the extent that the commission finds the

227-13   payment is reasonable and necessary for each item or class of items

227-14   as determined by the commission.

227-15         (c)  A finding under Subsection (b) must include:

227-16               (1)  a specific finding of the reasonableness and

227-17   necessity of each item or class of items allowed; and

227-18               (2)  except as provided by Subsection (d), a finding

227-19   that the price to the utility is not higher than the prices charged

227-20   by the supplying affiliate to:

227-21                     (A)  its other affiliates or divisions for the

227-22   same item or class of items; or

227-23                     (B)  a nonaffiliated person within the same

227-24   market area or having the same market conditions.

227-25         (d)  A finding under this section is not required as to the

227-26   prices charged by the supplying affiliate to its other affiliates

227-27   or divisions if the supplying affiliate computed its charges to the

 228-1   utility in a manner consistent with Federal Communications

 228-2   Commission rules.

 228-3         (e)  If the commission finds that the affiliate expense for

 228-4   the test period is unreasonable, the commission shall:

 228-5               (1)  determine the reasonable level of the expense; and

 228-6               (2)  include that expense in determining the utility's

 228-7   cost of service.  (V.A.C.S. Art. 1446c-0, Sec. 3.208(b).)

 228-8         Sec. 53.059.  TREATMENT OF CERTAIN TAX BENEFITS.  (a)  In

 228-9   determining the allocation of tax savings derived from liberalized

228-10   depreciation and amortization, the investment tax credit, and the

228-11   application of similar methods, the commission shall:

228-12               (1)  balance equitably the interests of present and

228-13   future customers; and

228-14               (2)  apportion accordingly the benefits between

228-15   consumers and the public utility.

228-16         (b)  If a public utility retains a portion of the investment

228-17   tax credit, that portion shall be deducted from the original cost

228-18   of the facilities or other addition to the rate base to which the

228-19   credit applied to the extent allowed by the Internal Revenue Code.

228-20   (V.A.C.S. Art. 1446c-0, Sec. 3.151(c).)

228-21         Sec. 53.060.  COMPUTATION OF INCOME TAX; CONSOLIDATED RETURN.

228-22   (a)  Unless it is shown to the satisfaction of the commission that

228-23   it was reasonable to choose not to consolidate returns, a public

228-24   utility's income taxes shall be computed as though a consolidated

228-25   return had been filed and the utility had realized its fair share

228-26   of the savings resulting from that return, if:

228-27               (1)  the utility is a member of an affiliated group

 229-1   eligible to file a consolidated income tax return; and

 229-2               (2)  it is advantageous to the utility to do so.

 229-3         (b)  The amount of income tax that a consolidated group of

 229-4   which a public utility is a member saves, because the consolidated

 229-5   return eliminates the intercompany profit on purchases by the

 229-6   utility from an affiliate, shall be applied to reduce the cost of

 229-7   the property or service purchased from the affiliate.

 229-8         (c)  The investment tax credit allowed against federal income

 229-9   taxes, to the extent retained by the utility, shall be applied as a

229-10   reduction in the rate-based contribution of the assets to which the

229-11   credit applies, to the extent and at the rate allowed by the

229-12   Internal Revenue Code.  (V.A.C.S. Art. 1446c-0, Sec. 3.208(c).)

229-13         Sec. 53.061.  ALLOWANCE OF CERTAIN EXPENSES.  (a)  The

229-14   commission may not allow as a cost or expense for ratemaking

229-15   purposes:

229-16               (1)  an expenditure for legislative advocacy; or

229-17               (2)  an expenditure described by Section 52.254 that

229-18   the commission determines to be not in the public interest.

229-19         (b)  The commission may allow as a cost or expense reasonable

229-20   charitable or civic contributions not to exceed the amount approved

229-21   by the commission.  (V.A.C.S.  Art. 1446c-0, Secs. 3.152(b), (c),

229-22   (d).)

229-23         Sec. 53.062.  CONSIDERATION OF CERTAIN EXPENSES.  The

229-24   commission may not consider for ratemaking purposes:

229-25               (1)  an expenditure for legislative advocacy, made

229-26   directly or indirectly, including legislative advocacy expenses

229-27   included in trade association dues;

 230-1               (2)  an expenditure for costs of processing a refund or

 230-2   credit under Section 53.110; or

 230-3               (3)  any other expenditure, including an executive

 230-4   salary, advertising expense, legal expense, or civil penalty or

 230-5   fine the commission finds to be unreasonable, unnecessary, or not

 230-6   in the public interest.  (V.A.C.S.  Art. 1446c-0, Sec. 3.208(d).)

 230-7         Sec. 53.063.  CONSIDERATION OF PROFIT OR LOSS FROM SALE OR

 230-8   LEASE OF MERCHANDISE.  In establishing a public utility's rates,

 230-9   the commission may not consider a profit or loss that results from

230-10   the sale or lease of merchandise, including appliances, fixtures,

230-11   or equipment, to the extent that merchandise is not integral to

230-12   providing utility service.  (V.A.C.S. Art. 1446c-0, Sec. 3.151(b)

230-13   (part).)

230-14         Sec. 53.064.  SELF-INSURANCE.  (a)  A public utility may

230-15   self-insure all or part of the utility's potential liability or

230-16   catastrophic property loss, including windstorm, fire, and

230-17   explosion losses, that could not have been reasonably anticipated

230-18   and included under operating and maintenance expenses.

230-19         (b)  The commission shall approve a self-insurance plan under

230-20   this section if the commission finds that:

230-21               (1)  the coverage is in the public interest;

230-22               (2)  the plan, considering all costs, is a lower cost

230-23   alternative to purchasing commercial insurance; and

230-24               (3)  ratepayers will receive the benefits of the

230-25   savings.

230-26         (c)  In computing a utility's reasonable and necessary

230-27   expenses under this subchapter, the commission, to the extent the

 231-1   commission finds is in the public interest, shall allow as a

 231-2   necessary expense money credited to a reserve account for

 231-3   self-insurance.  The commission shall determine reasonableness

 231-4   under this subsection:

 231-5               (1)  from information provided at the time the

 231-6   self-insurance plan and reserve account are established; and

 231-7               (2)  on the filing of a rate case by a utility that has

 231-8   a reserve account.

 231-9         (d)  After a reserve account for self-insurance is

231-10   established, the commission shall:

231-11               (1)  determine whether the account has a surplus or

231-12   shortage under Subsection (e); and

231-13               (2)  subtract any surplus from or add any shortage to

231-14   the utility's rate base.

231-15         (e)  A surplus in the reserve account exists if the charges

231-16   against the account are less than the money credited to the

231-17   account.  A shortage in the reserve account exists if the charges

231-18   against the account are greater than the money credited to the

231-19   account.

231-20         (f)  The commission shall adopt rules governing

231-21   self-insurance under this section.  (V.A.C.S. Art. 1446c-0, Sec.

231-22   3.209.)

231-23         Sec. 53.065.  INTEREXCHANGE SERVICES; RATES OF INCUMBENT

231-24   LOCAL EXCHANGE COMPANY.  (a)  An incumbent local exchange company's

231-25   rates for interexchange telecommunications services must be

231-26   statewide average rates except as ordered by the commission after

231-27   application and hearing.

 232-1         (b)  This section does not limit the ability of an incumbent

 232-2   local exchange company to contract for high-speed private line

 232-3   services of 1.544 megabits or greater under Section 52.057.

 232-4   (V.A.C.S. Art. 1446c-0, Sec. 3.303.)

 232-5             (Sections 53.066-53.100 reserved for expansion)

 232-6               SUBCHAPTER C.  GENERAL PROCEDURES FOR RATE

 232-7                       CHANGE PROPOSED BY UTILITY

 232-8         Sec. 53.101.  DEFINITION.  In this subchapter, "major change"

 232-9   means an increase in rates that would increase the aggregate

232-10   revenues of the applicant more than the greater of $100,000 or

232-11   2-1/2 percent.  The term does not include an increase in rates that

232-12   the commission allows to go into effect or the utility makes under

232-13   an order of the commission after hearings held with public notice.

232-14   (V.A.C.S. Art. 1446c-0, Sec. 3.211(b) (part).)

232-15         Sec. 53.102.  STATEMENT OF INTENT TO CHANGE RATES.  (a)  A

232-16   utility may not change its rates unless the utility files a

232-17   statement of its intent with the commission at least 35 days before

232-18   the effective date of the proposed change.

232-19         (b)  The utility shall also mail or deliver a copy of the

232-20   statement of intent to the appropriate officer of each affected

232-21   municipality.

232-22         (c)  The statement of intent must include:

232-23               (1)  proposed revisions of tariffs; and

232-24               (2)  a detailed statement of:

232-25                     (A)  each proposed change;

232-26                     (B)  the effect the proposed change is expected

232-27   to have on the revenues of the utility;

 233-1                     (C)  each class and number of utility consumers

 233-2   affected; and

 233-3                     (D)  any other information required by the

 233-4   commission's rules.  (V.A.C.S. Art. 1446c-0, Sec. 3.211(a) (part).)

 233-5         Sec. 53.103.  NOTICE OF INTENT TO CHANGE RATES.  (a)  The

 233-6   utility shall:

 233-7               (1)  publish, in conspicuous form and place, notice to

 233-8   the public of the proposed change once each week for four

 233-9   successive weeks before the effective date of the proposed change

233-10   in a newspaper having general circulation in each county containing

233-11   territory affected by the proposed change; and

233-12               (2)  mail notice of the proposed change to any other

233-13   affected person as required by the commission's rules.

233-14         (b)  The commission may waive the publication of notice

233-15   requirement prescribed by Subsection (a) in a proceeding that

233-16   involves only a rate reduction for each affected ratepayer.  The

233-17   applicant shall give notice of the proposed rate change by mail to

233-18   each affected utility customer.

233-19         (c)  The commission by rule shall define other proceedings

233-20   for which the publication of notice requirement prescribed by

233-21   Subsection (a) may be waived on a showing of good cause.  A waiver

233-22   may not be granted in a proceeding involving a rate increase to any

233-23   class or category of ratepayer.  (V.A.C.S.  Art. 1446c-0, Sec.

233-24   3.211(a) (part).)

233-25         Sec. 53.104.  EARLY EFFECTIVE DATE OF RATE CHANGE.  (a)  For

233-26   good cause shown, the commission may allow a rate change, other

233-27   than a major change, to take effect:

 234-1               (1)  before the end of the 35-day period prescribed by

 234-2   Section 53.102; and

 234-3               (2)  under conditions the commission prescribes,

 234-4   subject to suspension as provided by this subchapter.

 234-5         (b)  The utility shall immediately revise its tariffs to

 234-6   include the change.  (V.A.C.S. Art. 1446c-0, Sec. 3.211(b) (part).)

 234-7         Sec. 53.105.  DETERMINATION OF PROPRIETY OF CHANGE; HEARING.

 234-8   (a)  If a tariff changing rates is filed with the commission, the

 234-9   commission shall, on complaint by an affected person, or may, on

234-10   its own motion, not later than the 30th day after the effective

234-11   date of the change, enter on a hearing to determine the propriety

234-12   of the change.

234-13         (b)  The commission shall hold a hearing in every case in

234-14   which the change constitutes a major change.  The commission may,

234-15   however, use an informal proceeding if the commission does not

234-16   receive a complaint before the 46th day after the date notice of

234-17   the change is filed.

234-18         (c)  The commission shall give reasonable notice of the

234-19   hearing, including notice to the governing body of each affected

234-20   municipality and county.  The utility is not required to provide a

234-21   formal answer or file any other formal pleading in response to the

234-22   notice, and the absence of an answer does not affect an order for a

234-23   hearing.  (V.A.C.S. Art. 1446c-0, Sec. 3.211(c) (part).)

234-24         Sec. 53.106.  REGIONAL HEARING.  The commission shall hold a

234-25   regional hearing at an appropriate location in a case in which the

234-26   commission determines it is in the public interest to hear

234-27   testimony at a regional hearing for inclusion in the record.

 235-1   (V.A.C.S. Art. 1446c-0, Sec. 3.211(c) (part).)

 235-2         Sec. 53.107.  PREFERENCE TO HEARING.  The commission shall:

 235-3               (1)  give preference to a hearing under this subchapter

 235-4   and to deciding questions arising under this subchapter and

 235-5   Subchapter E over any other question pending before it; and

 235-6               (2)  decide the questions as quickly as possible.

 235-7   (V.A.C.S.  Art. 1446c-0, Sec. 3.211(d) (part).)

 235-8         Sec. 53.108.  RATE SUSPENSION; DEADLINE.  (a)  Pending the

 235-9   hearing and a decision, the commission, after delivering to the

235-10   utility a written statement of the commission's reasons, may

235-11   suspend the rate change for not longer than 150 days after the date

235-12   the rate change would otherwise be effective.

235-13         (b)  The 150-day period prescribed by Subsection (a) shall be

235-14   extended two days for each day the actual hearing on the merits of

235-15   the case exceeds 15 days.

235-16         (c)  If the commission does not make a final determination

235-17   concerning a rate change before expiration of the suspension

235-18   period, the commission is considered to have approved the change.

235-19   This approval is subject to the authority of the commission

235-20   thereafter to continue a hearing in progress.  (V.A.C.S.

235-21   Art. 1446c-0, Sec. 3.211(d) (part).)

235-22         Sec. 53.109.  TEMPORARY RATES.  (a)  The commission may

235-23   establish temporary rates to be in effect during the suspension

235-24   period under Section 53.108.

235-25         (b)  If the commission does not establish temporary rates,

235-26   the rates in effect when the suspended tariff was filed continue in

235-27   effect during the suspension period.  (V.A.C.S. Art. 1446c-0, Sec.

 236-1   3.211(d) (part).)

 236-2         Sec. 53.110.  BONDED RATES.  (a)  A utility may put a changed

 236-3   rate into effect by filing a bond with the commission if:

 236-4               (1)  the 150-day suspension period has been extended

 236-5   under Section 53.108(b); and

 236-6               (2)  the commission fails to make a final determination

 236-7   before the 151st day after the date the rate change would otherwise

 236-8   be effective.

 236-9         (b)  The bonded rate may not exceed the proposed rate.

236-10         (c)  The bond must be:

236-11               (1)  payable to the commission in an amount, in a form,

236-12   and with a surety approved by the commission; and

236-13               (2)  conditioned on refund.

236-14         (d)  The utility shall refund or credit against future bills:

236-15               (1)  money collected under the bonded rates in excess

236-16   of the rate finally ordered; and

236-17               (2)  interest on that money, at the current interest

236-18   rate as determined by the commission.  (V.A.C.S. Art. 1446c-0, Sec.

236-19   3.211(e).)

236-20         Sec. 53.111.  ESTABLISHMENT OF FINAL RATES.  (a)  If, after

236-21   hearing, the commission finds the rates are unreasonable or in

236-22   violation of law, the commission shall:

236-23               (1)  enter an order establishing the rates the utility

236-24   shall charge or apply for the service in question; and

236-25               (2)  serve a copy of the order on the utility.

236-26         (b)  The rates established in the order shall be observed

236-27   thereafter until changed as provided by this title.

 237-1         (c)  This section does not apply to a company electing under

 237-2   Chapter 58 or 59 except as otherwise provided by those chapters or

 237-3   by Chapter 60.  (V.A.C.S.  Art. 1446c-0, Sec. 3.211(f).)

 237-4         Sec. 53.112.  EXPIRATION OF SUSPENSION; EFFECT ON CERTAIN

 237-5   RATES.  (a)  Notwithstanding Section 53.111(a), if the commission

 237-6   does not make a final determination concerning an incumbent local

 237-7   exchange company's rate change before expiration of the 150-day

 237-8   suspension period, the rates finally approved by the commission

 237-9   take effect on and the incumbent local exchange company is entitled

237-10   to collect those rates from the date the 150-day suspension period

237-11   expired.

237-12         (b)  A surcharge or other charge necessary to effectuate this

237-13   section may not be recovered over a period of less than 90 days

237-14   from the date of the commission's final order.  (V.A.C.S.

237-15   Art. 1446c-0, Sec. 3.211(h).)

237-16         Sec. 53.113.  FCC-APPROVED TARIFFS FOR SWITCHED-ACCESS

237-17   SERVICE.    (a)  An incumbent local exchange company may file with

237-18   the commission tariffs for switched-access service that have been

237-19   approved by the Federal Communications Commission.  The tariffs

237-20   must include all rate elements in the company's interstate access

237-21   tariff other than end-user charges.

237-22         (b)  Not later than the 60th day after the date a company

237-23   files tariffs under Subsection (a), the commission shall order the

237-24   rates and terms to be the incumbent local exchange company's

237-25   intrastate switched-access rates and terms if, on review, the

237-26   tariffs contain the same rates and terms, excluding end-user

237-27   charges, as approved by the Federal Communications Commission.

 238-1   (V.A.C.S. Art. 1446c-0, Sec. 3.211(j).)

 238-2             (Sections 53.114-53.150 reserved for expansion)

 238-3           SUBCHAPTER D.  RATE CHANGES PROPOSED BY COMMISSION

 238-4         Sec. 53.151.  UNREASONABLE OR VIOLATIVE EXISTING RATES.  (a)

 238-5   If the commission, on its own motion or on complaint by an affected

 238-6   person, after reasonable notice and hearing, finds that the

 238-7   existing rates of a public utility for a service are unreasonable

 238-8   or in violation of law, the commission shall:

 238-9               (1)  enter an order establishing the just and

238-10   reasonable rates to be observed thereafter, including maximum or

238-11   minimum rates; and

238-12               (2)  serve a copy of the order on the utility.

238-13         (b)  The rates established under Subsection (a) constitute

238-14   the legal rates of the public utility until changed as provided by

238-15   this title.

238-16         (c)  This section does not apply to a company electing under

238-17   Chapter 58 or Chapter 59 except as otherwise provided by those

238-18   chapters.  (V.A.C.S.  Art. 1446c-0, Secs. 3.210(a), (c) (part).)

238-19         Sec. 53.152.  INVESTIGATING COSTS OF OBTAINING SERVICE FROM

238-20   ANOTHER SOURCE.  If a public utility does not produce or generate

238-21   the service that it distributes, transmits, or furnishes to the

238-22   public for compensation but obtains the service from another

238-23   source, the commission may investigate the cost of that production

238-24   or generation in an investigation of the reasonableness of the

238-25   utility's rates.  (V.A.C.S. Art. 1446c-0, Sec. 3.210(b).)

238-26             (Sections 53.153-53.200 reserved for expansion)

 239-1            SUBCHAPTER E.  COST RECOVERY AND RATE ADJUSTMENTS

 239-2         Sec. 53.201.  AUTOMATIC ADJUSTMENT FOR CHANGE IN COSTS

 239-3   PROHIBITED.  The commission may not establish a rate or tariff that

 239-4   authorizes a utility to automatically adjust and pass through to

 239-5   the utility's customers a change in the utility's costs.  (V.A.C.S.

 239-6   Art. 1446c-0, Sec 3.211(g) (part).)

 239-7         Sec. 53.202.  ADJUSTMENT FOR CHANGE IN TAX LIABILITY.  (a)

 239-8   The commission, on its own motion or on the petition of a utility,

 239-9   shall provide for the adjustment of the utility's billing to

239-10   reflect an increase or decrease in the utility's tax liability to

239-11   this state if the increase or decrease:

239-12               (1)  results from Chapter 5, Acts of the 72nd

239-13   Legislature, 1st Called Session, 1991; and

239-14               (2)  is attributable to an activity subject to the

239-15   commission's jurisdiction.

239-16         (b)  The commission shall apportion pro rata to each type and

239-17   class of service provided by the utility any billing adjustment

239-18   under this section.  The adjustment:

239-19               (1)  shall be made effective at the same time as the

239-20   increase or decrease of tax liability described by Subsection

239-21   (a)(1), or as soon after that increase or decrease as is reasonably

239-22   practical; and

239-23               (2)  remains effective only until the commission alters

239-24   the adjustment as provided by this section or enters an order for

239-25   the utility under Subchapter C or Subchapter D.

239-26         (c)  Each year after an original adjustment, the commission

239-27   shall:

 240-1               (1)  review the utility's increase or decrease of tax

 240-2   liability described by Subsection (a)(1); and

 240-3               (2)  alter the adjustment as necessary to reflect the

 240-4   increase or decrease.

 240-5         (d)  A proceeding under this section is not a rate case under

 240-6   Subchapter C.  (V.A.C.S. Art. 1446c-0, Sec. 3.211(i).)

 240-7             (Sections 53.203-53.250 reserved for expansion)

 240-8       SUBCHAPTER F.  REGULATORY POLICY FOR SMALL INCUMBENT LOCAL

 240-9                   EXCHANGE COMPANIES AND COOPERATIVES

240-10         Sec. 53.251.  GENERAL POLICY.  Regulatory policy should

240-11   recognize that:

240-12               (1)  there are differences between small and large

240-13   incumbent local exchange companies;

240-14               (2)  there are a large number of customer-owned

240-15   telephone cooperatives and small, locally owned investor companies;

240-16   and

240-17               (3)  it is appropriate to provide incentives and

240-18   flexibility to allow an incumbent local exchange company that

240-19   serves a rural area to:

240-20                     (A)  provide existing services; and

240-21                     (B)  introduce new technology and new services in

240-22   a prompt, efficient, and economical manner.  (V.A.C.S.

240-23   Art. 1446c-0, Sec. 3.213(a).)

240-24         Sec. 53.252.  ADOPTION OF CERTAIN POLICIES.  Notwithstanding

240-25   any other provision of this title, the commission shall consider

240-26   and may adopt policies to:

240-27               (1)  provide for evaluation of the overall

 241-1   reasonableness of the rates of a rural or small incumbent local

 241-2   exchange company or cooperative not more frequently than once every

 241-3   three years;

 241-4               (2)  permit consideration of future construction plans

 241-5   and operational changes in evaluating the reasonableness of the

 241-6   rates of a rural or small incumbent local exchange company or

 241-7   cooperative; or

 241-8               (3)  allow a rural or small incumbent local exchange

 241-9   company or cooperative to:

241-10                     (A)  provide required information by report or by

241-11   other means, as necessary, including a required rate filing

241-12   package, in substantially less burdensome and complex form than is

241-13   required of a larger incumbent local exchange company;

241-14                     (B)  change depreciation and amortization rates,

241-15   if customer rates are not affected, after notice to the commission,

241-16   subject to commission review in a proceeding under Subchapter C or

241-17   Subchapter D;

241-18                     (C)  adopt for a new service the rates for the

241-19   same or a substantially similar service offered by a larger

241-20   incumbent local exchange company, without additional cost

241-21   justification; and

241-22                     (D)  submit to the commission, instead of a

241-23   management audit otherwise required by law, policy, or rule,

241-24   financial audits regularly performed by an independent auditor or

241-25   required and performed as a result of the company's or

241-26   cooperative's participation in a federal or state financing or

241-27   revenue-sharing program.  (V.A.C.S. Art. 1446c-0, Sec. 3.213(j)

 242-1   (part).)

 242-2             (Sections 53.253-53.300 reserved for expansion)

 242-3               SUBCHAPTER G.  SPECIAL PROCEDURES FOR SMALL

 242-4                LOCAL EXCHANGE COMPANIES AND COOPERATIVES

 242-5         Sec. 53.301.  DEFINITION.  (a)  In this subchapter, "minor

 242-6   change" means a change, including the restructuring of rates of

 242-7   existing services, that:

 242-8               (1)  decreases the rates or revenues of an incumbent

 242-9   local exchange company; or

242-10               (2)  together with any other rate or proposed or

242-11   approved tariff changes in the 12 months preceding the effective

242-12   date of the proposed change, increases the company's total

242-13   regulated intrastate gross annual revenues by not more than five

242-14   percent.

242-15         (b)  With regard to a change to a basic local access line

242-16   rate, a "minor change" does not include a change that, together

242-17   with any other change to the basic local access line rate that took

242-18   effect during the 12 months preceding the effective date of the

242-19   proposed change, results in an increase of more than 10 percent.

242-20   (V.A.C.S. Art. 1446c-0, Sec. 3.213(h).)

242-21         Sec. 53.302.  APPLICABILITY.  This subchapter does not apply

242-22   to an incumbent local exchange company that is a cooperative

242-23   corporation partially deregulated under Subchapter H.  (V.A.C.S.

242-24   Art. 1446c-0, Sec. 3.213(l).)

242-25         Sec. 53.303.  PROVISIONS NOT EXCLUSIVE.  This subchapter does

242-26   not prohibit:

242-27               (1)  an incumbent local exchange company from filing

 243-1   for a new service or rate change under another section of this

 243-2   title; or

 243-3               (2)  the commission from conducting a review under

 243-4   Subchapter D.  (V.A.C.S. Art. 1446c-0, Sec. 3.213(g).)

 243-5         Sec. 53.304.  PROCEDURE TO OFFER CERTAIN SERVICES OR MAKE

 243-6   MINOR CHANGES.    (a)  An incumbent local exchange company may

 243-7   offer an extended local calling service or a new service on an

 243-8   optional basis or make a minor change in its rates or tariffs if

 243-9   the company:

243-10               (1)  is a cooperative corporation or has, together with

243-11   all affiliated incumbent local exchange companies, fewer than

243-12   31,000 access lines in service in this state;

243-13               (2)  files with the commission and the office a

243-14   statement of intent, as prescribed by Subsection (b), not later

243-15   than the 91st day before the effective date of the proposed change;

243-16               (3)  provides notice as prescribed by Section 53.305;

243-17   and

243-18               (4)  files with the commission affidavits verifying

243-19   that notice as prescribed by Section 53.305 was provided.

243-20         (b)  The statement of intent must include:

243-21               (1)  a copy of a resolution adopted by the incumbent

243-22   local exchange company's board of directors approving the proposed

243-23   change;

243-24               (2)  a description of the services affected by the

243-25   proposed change;

243-26               (3)  a copy of the proposed tariff for the affected

243-27   service;

 244-1               (4)  a copy of the customer notice required by

 244-2   Subsection (a)(3);

 244-3               (5)  the number of access lines the company and each

 244-4   affiliate have in service in this state; and

 244-5               (6)  the amount by which the company's total regulated

 244-6   intrastate gross annual revenues will increase or decrease as a

 244-7   result of the proposed change.  (V.A.C.S. Art. 1446c-0, Secs.

 244-8   3.213(b), (c).)

 244-9         Sec. 53.305.  NOTICE TO AFFECTED CUSTOMERS.  (a)  A company

244-10   shall provide notice of a proposed change to affected customers in

244-11   the manner prescribed by the commission.

244-12         (b)  Notice must:

244-13               (1)  be provided not later than the 61st day before the

244-14   effective date of the proposed change; and

244-15               (2)  include:

244-16                     (A)  a description of the services affected by

244-17   the proposed change;

244-18                     (B)  the effective date of the proposed change;

244-19                     (C)  an explanation of the customer's right to

244-20   petition the commission for a review under Section 53.306,

244-21   including the number of persons required to petition before a

244-22   commission review will occur;

244-23                     (D)  an explanation of the customer's right to

244-24   information concerning how to obtain a copy of the proposed tariff

244-25   from the company;

244-26                     (E)  the amount by which the company's total

244-27   regulated intrastate gross annual revenues will increase or

 245-1   decrease as a result of the proposed change; and

 245-2                     (F)  a list of rates that are affected by the

 245-3   proposed rate change.  (V.A.C.S. Art. 1446c-0, Sec. 3.213(d).)

 245-4         Sec. 53.306.  COMMISSION REVIEW OF PROPOSED CHANGE.  (a)  The

 245-5   commission shall review a proposed change filed under this

 245-6   subchapter if:

 245-7               (1)  the commission receives complaints relating to the

 245-8   proposed change signed by a number of affected local service

 245-9   customers equal at least to the lesser of 1,500 or five percent of

245-10   those customers;

245-11               (2)  the commission receives a complaint relating to

245-12   the proposed change from an affected intrastate access customer, or

245-13   a group of affected intrastate access customers, that in the

245-14   preceding 12 months accounted for more than 10 percent of the

245-15   company's total intrastate gross access revenues;

245-16               (3)  the proposed change is not a minor change;

245-17               (4)  the company does not comply with the procedural

245-18   requirements of this subchapter; or

245-19               (5)  the proposed change is inconsistent with the

245-20   commission's substantive policies as expressed in its rules.

245-21         (b)  The commission may suspend a tariff proposed under this

245-22   subchapter during the review.  (V.A.C.S. Art. 1446c-0, Secs.

245-23   3.213(e), (f).)

245-24         Sec. 53.307.  COMPLIANCE WITH PRINCIPLES; REDUCED RATES.  A

245-25   rate established under this subchapter must be in accordance with

245-26   the rate-setting principles of this chapter, except that a company

245-27   may provide to its board members, officers, employees, or agents

 246-1   free or reduced rates for services.  (V.A.C.S. Art. 1446c-0, Sec.

 246-2   3.213(i).)

 246-3         Sec. 53.308.  FEES AND ASSESSMENTS.  The commission may

 246-4   prescribe and collect a fee or assessment from incumbent local

 246-5   exchange companies necessary to recover the cost to the commission

 246-6   and to the office of activities carried out and services provided

 246-7   under:

 246-8               (1)  this subchapter;

 246-9               (2)  Section 53.112;

246-10               (3)  Subchapter H; and

246-11               (4)  Section 55.004.  (V.A.C.S. Art. 1446c-0, Sec.

246-12   3.213(k).)

246-13             (Sections 53.309-53.350 reserved for expansion)

246-14            SUBCHAPTER H.  PARTIAL DEREGULATION AVAILABLE TO

246-15                    CERTAIN COOPERATIVE CORPORATIONS

246-16         Sec. 53.351.  PROVISIONS NOT EXCLUSIVE.  (a)  This subchapter

246-17   does not:

246-18               (1)  prohibit a cooperative from filing for a new

246-19   service or a rate change under another applicable provision of this

246-20   title; or

246-21               (2)  affect the application of a provision of this

246-22   title not directly related to:

246-23                     (A)  establishing rates; or

246-24                     (B)  the authority of the commission to require a

246-25   cooperative to file a report required under this title or the

246-26   commission's rules.

246-27         (b)  Notwithstanding any other provision of this subchapter,

 247-1   the commission may conduct a review under Subchapter D.  (V.A.C.S.

 247-2   Art. 1446c-0, Secs. 3.2135(j), (k).)

 247-3         Sec. 53.352.  PARTIAL DEREGULATION BY BALLOT.  (a)  An

 247-4   incumbent local exchange company that is a cooperative corporation

 247-5   may vote to partially deregulate the cooperative by sending a

 247-6   ballot to each cooperative member.  The incumbent local exchange

 247-7   company may include the ballot in a bill or send the ballot

 247-8   separately.  The ballot shall be printed to permit voting for or

 247-9   against the proposition: "Authorizing the partial deregulation of

247-10   the (name of the cooperative)."

247-11         (b)  The cooperative is partially deregulated if a majority

247-12   of the ballots returned to the cooperative not later than the 45th

247-13   day after the date the ballots are mailed favor deregulation.

247-14   (V.A.C.S. Art. 1446c-0, Secs. 3.2135(a), (b).)

247-15         Sec. 53.353.  VOTING PROCEDURES.  The commission by rule

247-16   shall prescribe the voting procedures a cooperative must use under

247-17   this subchapter.  (V.A.C.S. Art. 1446c-0, Sec. 3.2135(i).)

247-18         Sec. 53.354.  PROCEDURE TO OFFER CERTAIN SERVICES OR MAKE

247-19   CERTAIN CHANGES.  (a)  After the initial balloting, a cooperative

247-20   may offer extended local calling services, offer new services on an

247-21   optional basis, or make changes in its rates or tariffs if the

247-22   cooperative:

247-23               (1)  files a statement of intent under Section 53.355;

247-24               (2)  provides notice of the proposed action to each

247-25   customer and municipality as prescribed by Section 53.356; and

247-26               (3)  files with the commission affidavits verifying

247-27   that notice was provided as prescribed by Section 53.357.

 248-1   (V.A.C.S.  Art. 1446c-0, Sec. 3.2135(c).)

 248-2         Sec. 53.355.  STATEMENT OF INTENT.  (a)  A cooperative must

 248-3   file a statement of intent to use this subchapter with the

 248-4   commission and the office not later than the 61st day before the

 248-5   effective date of the proposed change.

 248-6         (b)  The statement must include:

 248-7               (1)  a copy of a resolution, signed by a majority of

 248-8   the members of the cooperative's board of directors, approving the

 248-9   proposed action and authorizing the filing of the statement of

248-10   intent;

248-11               (2)  a description of the services affected by the

248-12   proposed action;

248-13               (3)  a copy of the proposed tariff for the affected

248-14   service; and

248-15               (4)  a copy of the customer notice required by Section

248-16   53.356.  (V.A.C.S.  Art. 1446c-0, Sec. 3.2135(d).)

248-17         Sec. 53.356.  NOTICE TO AFFECTED PERSONS.  (a)  The

248-18   cooperative shall provide to each affected customer or party,

248-19   including a municipality, at least two notices of the proposed

248-20   action by bill insert or by individual notice.

248-21         (b)  The cooperative shall provide:

248-22               (1)  the first notice not later than the 61st day

248-23   before the effective date of the proposed action; and

248-24               (2)  the last notice not later than the 31st day before

248-25   the effective date of the proposed action.

248-26         (c)  A notice prescribed by this section must include:

248-27               (1)  a description of the services affected by the

 249-1   proposed action;

 249-2               (2)  the effective date of the proposed action;

 249-3               (3)  an explanation of the customer's right to:

 249-4                     (A)  obtain a copy of the proposed tariff from

 249-5   the cooperative; and

 249-6                     (B)  petition the commission for a review under

 249-7   Section 53.358;

 249-8               (4)  a statement of the amount by which the

 249-9   cooperative's total gross annual revenues will increase or decrease

249-10   and a statement explaining the effect on the cooperative revenues

249-11   as a result of the proposed action; and

249-12               (5)  a list of rates that are affected by the proposed

249-13   rate action, showing the effect of the proposed action on each of

249-14   those rates.  (V.A.C.S.  Art. 1446c-0, Sec. 3.2135(e).)

249-15         Sec. 53.357.  FILING OF AFFIDAVITS VERIFYING NOTICE.  Not

249-16   later than the 15th day before the effective date of a proposed

249-17   action, the cooperative shall file with the commission affidavits

249-18   that verify that the cooperative provided each notice required by

249-19   Section 53.356.  (V.A.C.S. Art. 1446c-0, Sec. 3.2135(f).)

249-20         Sec. 53.358.  COMMISSION REVIEW OF PROPOSED ACTION.  (a)  The

249-21   commission shall review a proposed action filed under this

249-22   subchapter if:

249-23               (1)  the commission receives, not later than the 45th

249-24   day after the date the first notice is provided under Section

249-25   53.356, complaints relating to the proposed action:

249-26                     (A)  signed by at least five percent of the

249-27   affected local service customers; or

 250-1                     (B)  from an affected intrastate access customer,

 250-2   or group of affected intrastate access customers, that in the

 250-3   preceding 12 months accounted for more than 10 percent of the

 250-4   cooperative's total intrastate access revenues;

 250-5               (2)  the cooperative does not comply with the

 250-6   procedural requirements of this subchapter; or

 250-7               (3)  the proposed action is inconsistent with the

 250-8   commission's substantive policies as expressed in its rules.

 250-9         (b)  If the commission conducts a review of the proposed

250-10   action under this section before the action's effective date, the

250-11   commission may suspend the proposed action during the review.

250-12   (V.A.C.S. Art. 1446c-0, Sec.  3.2135(g).)

250-13         Sec. 53.359.  REVERSAL OF DEREGULATION BY BALLOT.  (a)  A

250-14   cooperative that is partially deregulated under this subchapter may

250-15   vote to reverse the deregulation by sending a ballot to each

250-16   cooperative member.

250-17         (b)  The cooperative's board of directors may order

250-18   reballoting on its own motion.  If the board receives a written

250-19   request for that action from at least 10 percent of its members,

250-20   the board shall reballot not later than the 60th day after the date

250-21   the board receives that request.

250-22         (c)  The cooperative may include the ballot in a bill or send

250-23   the ballot separately.  The ballot shall be printed to permit

250-24   voting for or against the proposition:  "Reversing the partial

250-25   deregulation of the (name of the cooperative)."

250-26         (d)  The partial deregulation is reversed if a majority of

250-27   the ballots returned to the cooperative not later than the 45th day

 251-1   after the date the ballots are mailed favor reversal.  (V.A.C.S.

 251-2   Art. 1446c-0, Sec.  3.2135(h).)

 251-3                        CHAPTER 54.  CERTIFICATES

 251-4                    SUBCHAPTER A.  GENERAL PROVISIONS

 251-5   Sec. 54.001.  CERTIFICATE REQUIRED 

 251-6   Sec. 54.002.  EXCEPTIONS TO CERTIFICATE REQUIREMENT

 251-7                   FOR SERVICE EXTENSION 

 251-8   Sec. 54.003.  EXCEPTIONS TO CERTIFICATE REQUIREMENT FOR

 251-9                   CERTAIN SERVICES 

251-10   Sec. 54.004.  RELINQUISHMENT PLAN 

251-11   Sec. 54.005.  NOTICE OF AND HEARING ON APPLICATION 

251-12   Sec. 54.006.  REQUEST FOR PRELIMINARY ORDER 

251-13   Sec. 54.007.  FLEXIBILITY PLAN 

251-14   Sec. 54.008.  REVOCATION OR AMENDMENT OF CERTIFICATE 

251-15             (Sections 54.009-54.050 reserved for expansion)

251-16         SUBCHAPTER B.  CERTIFICATE OF CONVENIENCE AND NECESSITY

251-17   Sec. 54.051.  DEFINITION 

251-18   Sec. 54.052.  CERTIFICATE REQUIRED FOR PUBLIC UTILITY 

251-19   Sec. 54.053.  APPLICATION FOR CERTIFICATE 

251-20   Sec. 54.054.  GRANT OR DENIAL OF CERTIFICATE 

251-21             (Sections 54.055-54.100 reserved for expansion)

251-22            SUBCHAPTER C.  CERTIFICATE OF OPERATING AUTHORITY

251-23   Sec. 54.101.  DEFINITION 

251-24   Sec. 54.102.  APPLICATION FOR CERTIFICATE 

251-25   Sec. 54.103.  GRANT OR DENIAL OF CERTIFICATE 

251-26   Sec. 54.104.  BUILD-OUT PLAN REQUIREMENTS 

251-27   Sec. 54.105.  SIX-YEAR LIMITATION ON RESALE OF SERVICES 

 252-1   Sec. 54.106.  TIME OF SERVICE REQUIREMENTS 

 252-2   Sec. 54.107.  REQUIREMENTS RELATING TO CERTAIN FACILITIES 

 252-3   Sec. 54.108.  BUILD-OUT PLAN COMPLIANCE 

 252-4   Sec. 54.109.  ELIMINATION OF BUILD-OUT REQUIREMENTS FOR

 252-5                   CERTAIN PROVIDERS 

 252-6   Sec. 54.110.  HEARING ON BUILD-OUT AND RESALE REQUIREMENTS 

 252-7   Sec. 54.111.  PENALTY FOR VIOLATION OF TITLE 

 252-8             (Sections 54.112-54.150 reserved for expansion)

 252-9               SUBCHAPTER D.  SERVICE PROVIDER CERTIFICATE

252-10                         OF OPERATING AUTHORITY

252-11   Sec. 54.151.  DEFINITION 

252-12   Sec. 54.152.  LIMITATION ON GRANT OF CERTIFICATE 

252-13   Sec. 54.153.  ELIGIBILITY FOR CERTIFICATE 

252-14   Sec. 54.154.  APPLICATION FOR CERTIFICATE 

252-15   Sec. 54.155.  GRANT OR DENIAL OF CERTIFICATE 

252-16   Sec. 54.156.  RESALE OF SERVICES 

252-17   Sec. 54.157.  OPTIONAL EXTENDED AREA SERVICE OR EXPANDED

252-18                   LOCAL CALLING SERVICE 

252-19   Sec. 54.158.  INTERFERENCE WITH RESOLD SERVICES PROHIBITED 

252-20   Sec. 54.159.  RETENTION OF ACCESS SERVICE AND INTRALATA

252-21                   TOLL SERVICE 

252-22             (Sections 54.160-54.200 reserved for expansion)

252-23                      SUBCHAPTER E.  MUNICIPALITIES

252-24   Sec. 54.201.  CERTIFICATION PROHIBITED 

252-25   Sec. 54.202.  PROHIBITED MUNICIPAL SERVICES 

252-26   Sec. 54.203.  SERVICE IN ANNEXED OR INCORPORATED AREA 

252-27   Sec. 54.204.  DISCRIMINATION BY MUNICIPALITY PROHIBITED 

 253-1   Sec. 54.205.  MUNICIPALITY'S RIGHT TO CONTROL ACCESS 

 253-2   Sec. 54.206.  RECOVERY OF MUNICIPAL FEE 

 253-3             (Sections 54.207-54.250 reserved for expansion)

 253-4      SUBCHAPTER F.  REGULATION OF SERVICES, AREAS, AND FACILITIES

 253-5   Sec. 54.251.  PROVISION OF SERVICE 

 253-6   Sec. 54.252.  GROUNDS FOR REDUCTION OF SERVICE BY HOLDER

 253-7                   OF CERTIFICATE OF CONVENIENCE

 253-8                   AND NECESSITY 

 253-9   Sec. 54.253.  DISCONTINUATION OF SERVICE BY CERTAIN

253-10                   CERTIFICATE HOLDERS 

253-11   Sec. 54.254.  REQUIRED REFUSAL OF SERVICE 

253-12   Sec. 54.255.  TRANSFER OF CERTAIN CERTIFICATES 

253-13   Sec. 54.256.  APPLICATION OF CONTRACTS 

253-14   Sec. 54.257.  INTERFERENCE WITH ANOTHER TELECOMMUNICATIONS

253-15                   UTILITY 

253-16   Sec. 54.258.  MAPS 

253-17   Sec. 54.259.  DISCRIMINATION BY PROPERTY OWNER

253-18                   PROHIBITED 

253-19   Sec. 54.260.  PROPERTY OWNER'S CONDITIONS 

253-20   Sec. 54.261.  SHARED TENANT SERVICES CONTRACT 

253-21                        CHAPTER 54.  CERTIFICATES

253-22                    SUBCHAPTER A.  GENERAL PROVISIONS

253-23         Sec. 54.001.  CERTIFICATE REQUIRED.  A person may not provide

253-24   local exchange telephone service, basic local telecommunications

253-25   service, or switched access service unless the person obtains a:

253-26               (1)  certificate of convenience and necessity;

253-27               (2)  certificate of operating authority; or

 254-1               (3)  service provider certificate of operating

 254-2   authority. (V.A.C.S. Art. 1446c-0, Sec. 3.251(c).)

 254-3         Sec. 54.002.  EXCEPTIONS TO CERTIFICATE REQUIREMENT FOR

 254-4   SERVICE EXTENSION.  (a)  A telecommunications utility is not

 254-5   required to obtain a certificate of convenience and necessity, a

 254-6   certificate of operating authority, or a service provider

 254-7   certificate of operating authority for an:

 254-8               (1)  extension into territory that is:

 254-9                     (A)  contiguous to the territory the

254-10   telecommunications utility serves;

254-11                     (B)  not receiving similar service from another

254-12   telecommunications utility; and

254-13                     (C)  not in another telecommunications utility's

254-14   certificated area;

254-15               (2)  extension in or to territory the

254-16   telecommunications utility serves or is authorized to serve under a

254-17   certificate of public convenience and necessity, a certificate of

254-18   operating authority, or a service provider certificate of operating

254-19   authority; or

254-20               (3)  operation, extension, or service in progress on

254-21   September 1, 1975.

254-22         (b)  An extension allowed by Subsection (a) is limited to a

254-23   device used:

254-24               (1)  to interconnect existing facilities; or

254-25               (2)  solely to transmit telecommunications utility

254-26   services from an existing facility to a customer of retail utility

254-27   service.  (V.A.C.S. Art. 1446c-0, Secs. 3.252(a) (part), (b).)

 255-1         Sec. 54.003.  EXCEPTIONS TO CERTIFICATE REQUIREMENT FOR

 255-2   CERTAIN SERVICES.  A telecommunications utility is not required to

 255-3   obtain a certificate of convenience and necessity, a certificate of

 255-4   operating authority, or a service provider certificate of operating

 255-5   authority for:

 255-6               (1)  an interexchange telecommunications service;

 255-7               (2)  a nonswitched private line service;

 255-8               (3)  a shared tenant service;

 255-9               (4)  a specialized communications common carrier

255-10   service;

255-11               (5)  a commercial mobile service; or

255-12               (6)  an operator service as defined by Section 55.081.

255-13   (V.A.C.S. Art. 1446c-0, Sec. 3.252(a) (part).)

255-14         Sec. 54.004.  RELINQUISHMENT PLAN.  A holder of a service

255-15   provider certificate of operating authority who applies for a

255-16   certificate of operating authority or a certificate of convenience

255-17   and necessity for the same territory must include with the

255-18   application a plan to relinquish the service provider certificate

255-19   of operating authority.  (V.A.C.S.  Art. 1446c-0, Sec. 3.2532(e)

255-20   (part).)

255-21         Sec. 54.005.  NOTICE OF AND HEARING ON APPLICATION.  (a)

255-22   When an application for a certificate of convenience and necessity,

255-23   a certificate of operating authority, or a service provider

255-24   certificate of operating authority is filed, the commission shall:

255-25               (1)  give notice of the application to interested

255-26   parties; and

255-27               (2)  if requested:

 256-1                     (A)  set a time and place for a hearing; and

 256-2                     (B)  give notice of the hearing.

 256-3         (b)  A person interested in the application may intervene at

 256-4   the hearing.  (V.A.C.S. Art. 1446c-0, Secs. 3.2531(b) (part),

 256-5   3.254(a).)

 256-6         Sec. 54.006.  REQUEST FOR PRELIMINARY ORDER.  (a)  A

 256-7   telecommunications utility that wants to exercise a right or

 256-8   privilege under a franchise or permit that the utility anticipates

 256-9   obtaining but has not been granted may apply to the commission for

256-10   a preliminary order under this section.

256-11         (b)  The commission may issue a preliminary order declaring

256-12   that the commission, on application and under commission rules,

256-13   will grant the requested certificate of convenience and necessity,

256-14   certificate of operating authority, or service provider certificate

256-15   of operating authority, on terms the commission designates, after

256-16   the telecommunications utility obtains the franchise or permit.

256-17         (c)  The commission shall grant the certificate on

256-18   presentation of evidence satisfactory to the commission that the

256-19   telecommunications utility has obtained the franchise or permit.

256-20   (V.A.C.S. Art. 1446c-0, Sec. 3.257.)

256-21         Sec. 54.007.  FLEXIBILITY PLAN.  (a)  After the commission

256-22   grants an application for a certificate of convenience and

256-23   necessity, a certificate of operating authority, or a service

256-24   provider certificate of operating authority or determines that a

256-25   certificate is not needed for the applicant to provide the relevant

256-26   services, the commission shall conduct appropriate proceedings to

256-27   establish a transitional flexibility plan for the incumbent local

 257-1   exchange company in the same area or areas as the new certificate

 257-2   holder.

 257-3         (b)  A basic local telecommunications service price of the

 257-4   incumbent local exchange company may not be increased before the

 257-5   fourth anniversary of the date the certificate is granted to the

 257-6   applicant except that the price may be increased:

 257-7               (1)  as provided by this title;

 257-8               (2)  when the new certificate holder has completed the

 257-9   build-out plan required by Subchapter C, if applicable; or

257-10               (3)  when a competitor for basic local

257-11   telecommunications service provides the service in an area in which

257-12   the build-out requirements have been eliminated.  (V.A.C.S.

257-13   Art. 1446c-0, Sec. 3.2571.)

257-14         Sec. 54.008.  REVOCATION OR AMENDMENT OF CERTIFICATE.  (a)

257-15   The commission may revoke or amend a certificate of convenience and

257-16   necessity, a certificate of operating authority or a service

257-17   provider certificate of operating authority after notice and

257-18   hearing if the commission finds that the certificate holder has

257-19   never provided or is no longer providing service in all or any part

257-20   of the certificated area.

257-21         (b)  The commission may require one or more public utilities

257-22   to provide service in an area affected by the revocation or

257-23   amendment of a certificate held by a public utility.  (V.A.C.S.

257-24   Art. 1446c-0, Sec. 3.263.)

257-25             (Sections 54.009-54.050 reserved for expansion)

257-26         SUBCHAPTER B.  CERTIFICATE OF CONVENIENCE AND NECESSITY

257-27         Sec. 54.051.  DEFINITION.  In this subchapter, "certificate"

 258-1   means a certificate of convenience and necessity. (New.)

 258-2         Sec. 54.052.  CERTIFICATE REQUIRED FOR PUBLIC UTILITY.  (a)

 258-3   A public utility may not directly or indirectly provide service to

 258-4   the public under a franchise or permit unless the utility obtains

 258-5   from the commission a certificate that states that the public

 258-6   convenience and necessity requires or will require the

 258-7   installation, operation, or extension of the service.

 258-8         (b)  Except as otherwise provided by this chapter, a public

 258-9   utility may not furnish or make available retail public utility

258-10   service to an area in which retail utility service is being

258-11   lawfully furnished by another public utility unless the utility

258-12   obtains a certificate that includes the area in which the facility

258-13   that receives the service is located.  (V.A.C.S. Art. 1446c-0,

258-14   Secs.  3.251(a), (b).)

258-15         Sec. 54.053.  APPLICATION FOR CERTIFICATE.  (a)  A public

258-16   utility that wants to obtain or amend a certificate must submit an

258-17   application to the commission.

258-18         (b)  The applicant shall file with the commission evidence

258-19   the commission requires to show the applicant has received the

258-20   consent, franchise, or permit required by the proper municipal or

258-21   other public authority.  (V.A.C.S. Art. 1446c-0, Secs. 3.253(a),

258-22   (c).)

258-23         Sec. 54.054.  GRANT OR DENIAL OF CERTIFICATE.  (a)  The

258-24   commission may approve an application and grant a certificate only

258-25   if the commission finds that the certificate is necessary for the

258-26   service, accommodation, convenience, or safety of the public.

258-27         (b)  The commission may:

 259-1               (1)  grant the certificate as requested;

 259-2               (2)  grant the certificate for the construction of a

 259-3   portion of the requested system, facility, or extension or the

 259-4   partial exercise of the requested right or privilege; or

 259-5               (3)  refuse to grant the certificate.

 259-6         (c)  The commission shall grant each certificate on a

 259-7   nondiscriminatory basis after considering:

 259-8               (1)  the adequacy of existing service;

 259-9               (2)  the need for additional service;

259-10               (3)  the effect of granting the certificate on the

259-11   recipient of the certificate and any public utility of the same

259-12   kind serving the proximate area; and

259-13               (4)  other factors, such as:

259-14                     (A)  community values;

259-15                     (B)  recreational and park areas;

259-16                     (C)  historical and aesthetic values;

259-17                     (D)  environmental integrity; and

259-18                     (E)  the probable improvement of service or

259-19   lowering of cost to consumers in the area if the certificate is

259-20   granted.  (V.A.C.S. Art. 1446c-0, Secs.  3.254(b), (c).)

259-21             (Sections 54.055-54.100 reserved for expansion)

259-22            SUBCHAPTER C.  CERTIFICATE OF OPERATING AUTHORITY

259-23         Sec. 54.101.  DEFINITION.  In this subchapter, "certificate"

259-24   means a certificate of operating authority. (New.)

259-25         Sec. 54.102.  APPLICATION FOR CERTIFICATE.  (a)  In lieu of

259-26   applying for a certificate of convenience and necessity, a person

259-27   may apply for a certificate of operating authority.

 260-1         (b)  An applicant for a facilities-based certificate of

 260-2   operating authority must include with the application a proposed

 260-3   build-out plan in compliance with this subchapter that demonstrates

 260-4   how the applicant will, over a six-year period, deploy facilities

 260-5   throughout the geographic area of the certificated service area.

 260-6         (c)  The applicant must file with the application a sworn

 260-7   statement that the applicant has applied for each municipal

 260-8   consent, franchise, or permit required for the type of services and

 260-9   facilities for which the applicant has applied.  (V.A.C.S.

260-10   Art. 1446c-0, Secs. 3.2531(a), (c) (part), 3.2555(a) (part).)

260-11         Sec. 54.103.  GRANT OR DENIAL OF CERTIFICATE.  (a)  The

260-12   commission must grant or deny a certificate not later than the 60th

260-13   day after the date the application for the certificate is filed.

260-14   The commission may extend the deadline on good cause shown.

260-15         (b)  The commission shall grant each certificate on a

260-16   nondiscriminatory basis after considering factors such as:

260-17               (1)  the adequacy of the applicant's build-out plan;

260-18               (2)  the technical and financial qualifications of the

260-19   applicant; and

260-20               (3)  the applicant's ability to meet the commission's

260-21   quality of service requirements.

260-22         (c)  In an exchange of an incumbent local exchange company

260-23   that serves fewer than 31,000 access lines, in addition to the

260-24   factors described by Subsection (b), the commission shall consider:

260-25               (1)  the effect of granting the certificate on a public

260-26   utility serving the area and on that utility's customers;

260-27               (2)  the ability of that public utility to provide

 261-1   adequate service at reasonable rates;

 261-2               (3)  the effect of granting the certificate on the

 261-3   ability of that public utility to act as the provider of last

 261-4   resort; and

 261-5               (4)  the ability of the exchange, not the company, to

 261-6   support more than one provider of service.

 261-7         (d)  Except as provided by Subsections (e) and (f), the

 261-8   commission may grant an application for a certificate only for an

 261-9   area or areas that are contiguous and reasonably compact and cover

261-10   an area of at least 27 square miles.

261-11         (e)  In an exchange in a county that has a population of less

261-12   than 500,000 and that is served by an incumbent local exchange

261-13   company that has more than 31,000 access lines, an area covering

261-14   less than 27 square miles may be approved if the area is contiguous

261-15   and reasonably compact and has at least 20,000 access lines.

261-16         (f)  In an exchange of a company that serves fewer than

261-17   31,000 access lines in this state, the commission may grant an

261-18   application only for an area that has boundaries similar to the

261-19   boundaries of the serving central office that is served by the

261-20   incumbent local exchange company that holds the certificate of

261-21   convenience and necessity for the area.

261-22         (g)  The commission may not grant a certificate in an

261-23   exchange of an incumbent local exchange company that serves fewer

261-24   than 31,000 access lines.  The commission shall require an

261-25   applicant to meet the other appropriate certification provisions of

261-26   this chapter.  This subsection expires September 1, 1998.

261-27   (V.A.C.S. Art. 1446c-0, Secs. 3.2531(e), (f) (part), (g), (h).)

 262-1         Sec. 54.104.  BUILD-OUT PLAN REQUIREMENTS.  (a)  The

 262-2   build-out plan required by Section 54.102 must provide that, by the

 262-3   end of the:

 262-4               (1)  first year, 10 percent of the area to be served

 262-5   must be served with facilities that are not facilities of the

 262-6   incumbent local exchange company;

 262-7               (2)  third year, 50 percent of the area to be served

 262-8   must be served with facilities that are not facilities of the

 262-9   incumbent local exchange company; and

262-10               (3)  sixth year, 100 percent of the area to be served

262-11   must be served with facilities that are not facilities of the

262-12   incumbent local exchange company.

262-13         (b)  The build-out plan may permit the certificate holder to

262-14   serve not more than 40 percent of the certificate holder's service

262-15   area by reselling the incumbent local exchange company's

262-16   facilities.  The resale must be in accordance with:

262-17               (1)  Section 54.105; and

262-18               (2)  the resale tariff approved by the commission under

262-19   Subchapter C, Chapter 60.

262-20         (c)  The resale limitation applies to an incumbent local

262-21   exchange facility that a certificate holder resells in providing

262-22   local exchange telephone service, regardless of whether:

262-23               (1)  the certificate holder purchases the facility

262-24   directly from the incumbent local exchange company; or

262-25               (2)  an intermediary carrier purchases the facility

262-26   from the incumbent local exchange company and then provides the

262-27   facility to the certificate holder for resale.

 263-1         (d)  To meet the build-out requirement prescribed by this

 263-2   subchapter, a certificate holder:

 263-3               (1)  may not use commercial mobile service; and

 263-4               (2)  may use personal communication services (PCS) or

 263-5   other wireless technology licensed or allocated by the Federal

 263-6   Communications Commission after January 1, 1995.  (V.A.C.S.

 263-7   Art. 1446c-0, Secs. 3.2531(c) (part), (d) (part).)

 263-8         Sec. 54.105.  SIX-YEAR LIMITATION ON RESALE OF SERVICES.

 263-9   Before the sixth anniversary of the date a certificate is granted,

263-10   the certificate holder may extend service by resale only:

263-11               (1)  in the area it is obligated to serve under the

263-12   approved build-out plan; and

263-13               (2)  to the distant premises of one of its

263-14   multi-premises customers beyond the approved build-out area but in

263-15   its certificated service area.  (V.A.C.S. Art. 1446c-0, Sec.

263-16   3.2531(d) (part).)

263-17         Sec. 54.106.  TIME OF SERVICE REQUIREMENTS.  (a)  The

263-18   commission by rule may prescribe the period within which a

263-19   certificate holder must be able to serve customers.

263-20         (b)  Notwithstanding Subsection (a), a certificate holder

263-21   must serve a customer in the build-out area not later than the 30th

263-22   day after the date the customer requests service.  (V.A.C.S.

263-23   Art. 1446c-0, Sec. 3.2531(c) (part).)

263-24         Sec. 54.107.  REQUIREMENTS RELATING TO CERTAIN FACILITIES.

263-25   As part of the build-out requirements, the commission may not

263-26   require a certificate holder to:

263-27               (1)  place a drop facility on each customer's premises;

 264-1   or

 264-2               (2)  activate a fiber optic facility in advance of a

 264-3   customer request.  (V.A.C.S. Art. 1446c-0, Sec. 3.2531(c) (part).)

 264-4         Sec. 54.108.  BUILD-OUT PLAN COMPLIANCE.  (a)  A certificate

 264-5   holder shall file periodic reports with the commission

 264-6   demonstrating compliance with:

 264-7               (1)  the plan approved by the commission; and

 264-8               (2)  the resale limitation prescribed by Section

 264-9   54.104(b).

264-10         (b)  The commission may administratively and temporarily

264-11   waive compliance with the six-year build-out plan on a showing of

264-12   good cause.  (V.A.C.S. Art. 1446c-0, Sec. 3.2531(f) (part).)

264-13         Sec. 54.109.  ELIMINATION OF BUILD-OUT REQUIREMENTS FOR

264-14   CERTAIN PROVIDERS.  (a)  The commission may waive the build-out

264-15   requirements of this subchapter for an additional applicant in a

264-16   particular area:

264-17               (1)  on or after the sixth anniversary of the date a

264-18   certificate is granted for that area; or

264-19               (2)  on or after the date a certificate holder

264-20   completes the holder's build-out plan in that area.

264-21         (b)  The build-out requirements of this subchapter do not

264-22   apply to a service area:

264-23               (1)  that is served by an incumbent local exchange

264-24   company that:

264-25                     (A)  has more than one million access lines; and

264-26                     (B)  on September 1, 1995, was subject to a

264-27   prohibition under federal law on the provision of interLATA

 265-1   service; and

 265-2               (2)  for which all prohibitions on the incumbent local

 265-3   exchange company's provision of interLATA services are removed so

 265-4   the company can offer interLATA service together with local and

 265-5   intraLATA toll service.  (V.A.C.S. Art. 1446c-0, Sec. 3.2531(i).)

 265-6         Sec. 54.110.  HEARING ON BUILD-OUT AND RESALE REQUIREMENTS.

 265-7   (a)  The commission on application may conduct a hearing to

 265-8   determine:

 265-9               (1)  whether the build-out requirements of Sections

265-10   54.102(b), 54.103(e) and (f), 54.104, 54.105, 54.106, and 54.107

265-11   have created a barrier to the entry of facilities-based local

265-12   exchange telephone service competition in an exchange in a county

265-13   that has a population of more than 500,000 and that is served by a

265-14   company that has more than 31,000 access lines; and

265-15               (2)  the effect of the resale provisions on the

265-16   development of competition, other than the development of

265-17   competition in the certificated areas of companies that serve fewer

265-18   than 31,000 access lines as provided by Section 54.156(a).

265-19         (b)  In making a determination under Subsection (a), the

265-20   commission shall consider:

265-21               (1)  this title's policy to encourage construction of

265-22   local exchange networks;

265-23               (2)  the number and type of competitors that have

265-24   sought to provide local exchange competition under the existing

265-25   rules prescribed by this title; and

265-26               (3)  whether adopting new build-out and resale rules

265-27   would make innovative and competitive local exchange telephone

 266-1   services more likely to be provided.

 266-2         (c)  The commission may change a requirement described by

 266-3   Subsection (a)(1) or prescribed by Subchapter D if:

 266-4               (1)  the commission determines that the build-out

 266-5   requirements have created a barrier to facilities-based local

 266-6   exchange competition in an exchange described by Subsection (a)(1);

 266-7   and

 266-8               (2)  the changes will encourage additional

 266-9   facilities-based competition.

266-10         (d)  Notwithstanding Subsection (c), the commission may not

266-11   reduce an exchange size to below 12 square miles or increase the

266-12   resale percentage prescribed by Section 54.104(b) to more than 50

266-13   percent.

266-14         (e)  A rule adopted under Subsection (c) may apply only to a

266-15   person who files an application for a certificate after the date

266-16   the rule is adopted.  (V.A.C.S.  Art. 1446c-0, Sec. 3.2531(j).)

266-17         Sec. 54.111.  PENALTY FOR VIOLATION OF TITLE.  If a

266-18   certificate holder fails to comply with a requirement of this

266-19   title, the commission may:

266-20               (1)  revoke the holder's certificate;

266-21               (2)  impose against the holder administrative penalties

266-22   under Subchapter B, Chapter 15; or

266-23               (3)  take another action under Subchapter B, Chapter

266-24   15.  (V.A.C.S.  Art. 1446c-0, Sec. 3.2531(k).)

266-25             (Sections 54.112-54.150 reserved for expansion)

 267-1               SUBCHAPTER D.  SERVICE PROVIDER CERTIFICATE

 267-2                         OF OPERATING AUTHORITY

 267-3         Sec. 54.151.  DEFINITION.  In this subchapter, "certificate"

 267-4   means a service provider certificate of operating authority.

 267-5   (New.)

 267-6         Sec. 54.152.  LIMITATION ON GRANT OF CERTIFICATE.

 267-7                    The commission may not grant a certificate to a

 267-8   holder of a:

 267-9               (1)  certificate of convenience and necessity for the

267-10   same territory; or

267-11               (2)  certificate of operating authority for the same

267-12   territory.  (V.A.C.S. Art. 1446c-0, Sec. 3.2532(e) (part).)

267-13         Sec. 54.153.  ELIGIBILITY FOR CERTIFICATE.  (a)  A company is

267-14   not eligible to obtain a certificate under this subchapter if the

267-15   company, together with affiliates, had more than six percent of the

267-16   total intrastate switched access minutes of use as measured for the

267-17   most recent 12-month period:

267-18               (1)  that precedes the date the application is filed;

267-19   and

267-20               (2)  for which the access information is available.

267-21         (b)  The commission shall obtain information necessary to

267-22   determine eligibility from the incumbent local exchange telephone

267-23   companies and the applicant.

267-24         (c)  The commission shall certify eligibility not later than

267-25   the 10th day after the date the application is filed.

267-26         (d)  In this section:

267-27               (1)  "Affiliate" means an entity that, directly or

 268-1   indirectly, owns or controls, is owned or controlled by, or is

 268-2   under common ownership or control with a company that applies for a

 268-3   certificate under this subchapter.

 268-4               (2)  "Control" means to exercise substantial influence

 268-5   over the policies and actions of another.  (V.A.C.S. Art. 1446c-0,

 268-6   Secs. 3.2532(b) (part), (h).)

 268-7         Sec. 54.154.  APPLICATION FOR CERTIFICATE.  (a)  The

 268-8   commission may grant a certificate to encourage an innovative,

 268-9   competitive, and entrepreneurial business to provide

268-10   telecommunications services.

268-11         (b)  An applicant for a certificate must:

268-12               (1)  file with the application:

268-13                     (A)  a sworn statement that the applicant has

268-14   applied for each municipal consent, franchise, or permit required

268-15   for the type of services and facilities for which the applicant has

268-16   applied; and

268-17                     (B)  a description of the services the applicant

268-18   will provide;

268-19               (2)  show the areas in which the applicant will provide

268-20   the services;

268-21               (3)  demonstrate that the applicant has the financial

268-22   and technical ability to provide services; and

268-23               (4)  demonstrate that the services will meet the

268-24   requirements of this subchapter.  (V.A.C.S. Art. 1446c-0, Secs.

268-25   3.2532(a), (c); 3.2555(a) (part).)

268-26         Sec. 54.155.  GRANT OR DENIAL OF CERTIFICATE.  (a)  The

268-27   commission must grant or deny a certificate not later than the 60th

 269-1   day after the date the application for the certificate is filed.

 269-2   The commission may extend the deadline on good cause shown.

 269-3         (b)  The commission shall grant each certificate on a

 269-4   nondiscriminatory basis after considering factors such as:

 269-5               (1)  the technical and financial qualifications of the

 269-6   applicant; and

 269-7               (2)  the applicant's ability to meet the commission's

 269-8   quality of service requirements.  (V.A.C.S. Art. 1446c-0, Sec.

 269-9   3.2532(b) (part).)

269-10         Sec. 54.156.  RESALE OF SERVICES.  (a)  A certificate holder

269-11   may obtain services under the resale tariffs approved by the

269-12   commission under Subchapter C, Chapter 60, except in a certificated

269-13   area of a company that serves fewer than 31,000 access lines.

269-14         (b)  A certificate holder may obtain for resale the monthly

269-15   recurring flat rate local exchange telephone service and associated

269-16   nonrecurring charges, including any mandatory extended area

269-17   service, of an incumbent local exchange company at a five percent

269-18   discount to the tariffed rate.

269-19         (c)  The incumbent local exchange company shall sell a

269-20   feature service that may be provided to a customer in conjunction

269-21   with local exchange service at a five percent discount to the

269-22   tariffed rate, including any associated nonrecurring charge for

269-23   those services, provided that the incumbent local exchange company

269-24   shall make available to a certificate holder, at an additional five

269-25   percent discount, any discounts made available to customers of the

269-26   incumbent local exchange company who are similarly situated to the

269-27   customers of the certificate holder.  In this subsection "feature

 270-1   service" includes:

 270-2               (1)  toll restriction;

 270-3               (2)  call control options;

 270-4               (3)  tone dialing;

 270-5               (4)  custom calling; and

 270-6               (5)  caller identification.

 270-7         (d)  A certificate holder and an incumbent local exchange

 270-8   company may agree to a rate lower than the tariffed rate or

 270-9   discounted rate.

270-10         (e)  The five percent discounts provided by this section do

270-11   not apply in an exchange of a company that has fewer than 31,000

270-12   access lines in this state.

270-13         (f)  If the tariffed rate for a resold service changes, the

270-14   five percent discount prescribed by this section applies to the

270-15   changed rate.  The commission may not, for certificate holders,

270-16   create a special class for purposes of resold services.

270-17         (g)  A certificate holder:

270-18               (1)  may not use a resold flat rate local exchange

270-19   telephone service to avoid the rates and terms of an incumbent

270-20   local exchange company's tariffs;

270-21               (2)  may not terminate both flat rate local exchange

270-22   telephone service and services obtained under the resale tariff

270-23   approved under Section 60.041 on the same end user customer's

270-24   premises;

270-25               (3)  may not use resold flat rate local exchange

270-26   telephone services to provide access services to another

270-27   interexchange carrier, cellular carrier, competitive access

 271-1   provider, or retail telecommunications provider, but may permit

 271-2   customers to use resold local exchange telephone services to access

 271-3   such a carrier or provider;

 271-4               (4)  may sell the flat rate local exchange telephone

 271-5   service only to the same class of customers to which the incumbent

 271-6   local exchange company sells that service;

 271-7               (5)  may obtain services offered by or negotiated with

 271-8   a holder of a certificate of convenience and necessity or a

 271-9   certificate of operating authority; and

271-10               (6)  may obtain for resale single or multiple line flat

271-11   rate intraLATA calling service when provided by the local exchange

271-12   company at the tariffed rate for online digital communications.

271-13   (V.A.C.S. Art. 1446c-0, Sec. 3.2532(d) (part).)

271-14         Sec. 54.157.  OPTIONAL EXTENDED AREA SERVICE OR EXPANDED

271-15   LOCAL CALLING SERVICE.  (a)  A certificate holder may purchase for

271-16   resale:

271-17               (1)  optional extended area service; and

271-18               (2)  expanded local calling service.

271-19         (b)  The purchase of optional extended area service and

271-20   expanded local calling service may not be discounted.  (V.A.C.S.

271-21   Art. 1446c-0, Sec. 3.2532(d) (part).)

271-22         Sec. 54.158.  INTERFERENCE WITH RESOLD SERVICES PROHIBITED.

271-23   An incumbent local exchange company may not:

271-24               (1)  delay providing or maintaining a service provided

271-25   under this subchapter;

271-26               (2)  degrade the quality of access the company provides

271-27   to another provider;

 272-1               (3)  impair the speed, quality, or efficiency of a line

 272-2   used by another provider;

 272-3               (4)  fail to fully disclose in a timely manner after a

 272-4   request all available information necessary for a certificate

 272-5   holder to provide resale services; or

 272-6               (5)  refuse to take a reasonable action to allow a

 272-7   certificate holder efficient access to the company's ordering,

 272-8   billing, or repair management system.  (V.A.C.S. Art. 1446c-0, Sec.

 272-9   3.2532(g).)

272-10         Sec. 54.159.  RETENTION OF ACCESS SERVICE AND INTRALATA TOLL

272-11   SERVICE.  An incumbent local exchange company that sells flat rate

272-12   local exchange telephone service to a certificate holder may retain

272-13   all access service and "1-plus" intraLATA toll service that

272-14   originates over the resold flat rate local exchange telephone

272-15   service.  (V.A.C.S. Art. 1446c-0, Sec. 3.2532(f).)

272-16             (Sections 54.160-54.200 reserved for expansion)

272-17                      SUBCHAPTER E.  MUNICIPALITIES

272-18         Sec. 54.201.  CERTIFICATION PROHIBITED.  The commission may

272-19   not grant to a municipality a:

272-20               (1)  certificate of convenience and necessity;

272-21               (2)  certificate of operating authority; or

272-22               (3)  service provider certificate of operating

272-23   authority.  (V.A.C.S. Art. 1446c-0, Sec. 3.251(d) (part).)

272-24         Sec. 54.202.  PROHIBITED MUNICIPAL SERVICES.  (a)  A

272-25   municipality or municipal electric system may not offer for sale to

272-26   the public:

272-27               (1)  a service for which a certificate of convenience

 273-1   and necessity, a certificate of operating authority, or a service

 273-2   provider certificate of operating authority is required; or

 273-3               (2)  a nonswitched telecommunications service used to

 273-4   connect a customer's premises with:

 273-5                     (A)  another customer's premises within the

 273-6   exchange; or

 273-7                     (B)  a long distance provider that serves the

 273-8   exchange.

 273-9         (b)  Subsection (a) applies to a service offered either

273-10   directly or indirectly through a telecommunications provider.

273-11   (V.A.C.S. Art. 1446c-0, Sec. 3.251(d) (part).)

273-12         Sec. 54.203.  SERVICE IN ANNEXED OR INCORPORATED AREA.  (a)

273-13   If an area is or will be included within a municipality as the

273-14   result of annexation, incorporation, or another reason, each

273-15   telecommunications utility that holds or is entitled to hold a

273-16   certificate under this title to provide service or operate a

273-17   facility in the area before the inclusion has the right to continue

273-18   to provide the service or operate the facility and extend service

273-19   in the utility's certificated area within the annexed or

273-20   incorporated area under the rights granted by the certificate and

273-21   this title.

273-22         (b)  Notwithstanding any other law, a certificated

273-23   telecommunications utility has the right to:

273-24               (1)  continue and extend service within the utility's

273-25   certificated area; and

273-26               (2)  use roads, streets, highways, alleys, and public

273-27   property to furnish retail utility service.

 274-1         (c)  The governing body of a municipality may require a

 274-2   certificated telecommunications utility to relocate the utility's

 274-3   facility at the utility's expense to permit the widening or

 274-4   straightening of a street by:

 274-5               (1)  giving the utility 30 days' notice; and

 274-6               (2)  specifying the new location for the facility along

 274-7   the right-of-way of the street.

 274-8         (d)  This section does not limit the power of a city, town,

 274-9   or village to incorporate or of a municipality to extend its

274-10   boundaries by annexation.  (V.A.C.S. Art. 1446c-0, Sec. 3.255.)

274-11         Sec. 54.204.  DISCRIMINATION BY MUNICIPALITY PROHIBITED.  (a)

274-12   Notwithstanding Section 14.008, a municipality may not discriminate

274-13   against a telecommunications utility regarding:

274-14               (1)  the authorization or placement of a

274-15   telecommunications facility in a public right-of-way;

274-16               (2)  access to a building; or

274-17               (3)  a municipal utility pole attachment rate or term,

274-18   to the extent not addressed by federal law.

274-19         (b)  In granting consent, a franchise, or a permit for the

274-20   use of a public street, alley, or right-of-way within its municipal

274-21   boundaries, a municipality may not discriminate in favor of or

274-22   against a telecommunications utility that holds or has applied for

274-23   a certificate of convenience and necessity, a certificate of

274-24   operating authority, or a service provider certificate of operating

274-25   authority regarding:

274-26               (1)  municipal utility pole attachment or underground

274-27   conduit rates or terms, to the extent not addressed by federal law;

 275-1   or

 275-2               (2)  the authorization, placement, replacement, or

 275-3   removal of a telecommunications facility in a public right-of-way

 275-4   and the reasonable compensation for the authorization, placement,

 275-5   replacement, or removal regardless of whether the compensation is

 275-6   in the form of:

 275-7                     (A)  money;

 275-8                     (B)  services;

 275-9                     (C)  use of facilities; or

275-10                     (D)  another kind of consideration.

275-11         (c)  Notwithstanding Subsection (b)(1), a municipal utility

275-12   may not charge a pole attachment rate or underground conduit rate

275-13   that exceeds the fee the utility would be permitted to charge if

275-14   the utility's rates were regulated under federal law and the rules

275-15   of the Federal Communications Commission.

275-16         (d)  Notwithstanding any other law, the commission has the

275-17   jurisdiction necessary to enforce this section.  (V.A.C.S.

275-18   Art. 1446c-0, Secs.  3.2555(a) (part), (b), (e).)

275-19         Sec. 54.205.  MUNICIPALITY'S RIGHT TO CONTROL ACCESS.  This

275-20   title does not restrict a municipality's historical right to

275-21   control and receive reasonable compensation for access to the

275-22   municipality's public streets, alleys, or rights-of-way or to other

275-23   public property.  (V.A.C.S. Art. 1446c-0, Sec. 3.2555(f).)

275-24         Sec. 54.206.  RECOVERY OF MUNICIPAL FEE.  (a)  A holder of a

275-25   certificate of convenience and necessity, a certificate of

275-26   operating authority, or a service provider certificate of operating

275-27   authority has the right to collect a fee that a municipality

 276-1   imposes under Section 54.204 or 54.205 through a pro rata charge to

 276-2   the customers in the boundaries of the municipality.

 276-3         (b)  The charge may be shown on the customer's bill as a

 276-4   separate line item.  (V.A.C.S. Art. 1446c-0, Sec. 3.2555(h).)

 276-5             (Sections 54.207-54.250 reserved for expansion)

 276-6      SUBCHAPTER F.  REGULATION OF SERVICES, AREAS, AND FACILITIES

 276-7         Sec. 54.251.  PROVISION OF SERVICE.  (a)  Except as provided

 276-8   by this section, Section 54.252, Section 54.253, and Section

 276-9   54.254, a telecommunications utility that holds a certificate of

276-10   convenience and necessity or a certificate of operating authority

276-11   shall:

276-12               (1)  offer all basic local telecommunications services

276-13   to each customer in the utility's certificated area; and

276-14               (2)  provide continuous and adequate service in that

276-15   area.

276-16         (b)  The holder of a certificate of convenience and necessity

276-17   for an area has the obligations of a provider of last resort

276-18   regardless of whether another provider has a certificate of

276-19   operating authority for that area.  (V.A.C.S. Art. 1446c-0, Sec.

276-20   3.258(a).)

276-21         Sec. 54.252.  GROUNDS FOR REDUCTION OF SERVICE BY HOLDER OF

276-22   CERTIFICATE OF CONVENIENCE AND NECESSITY.  (a)  Unless the

276-23   commission issues a certificate that the present and future

276-24   convenience and necessity will not be adversely affected, the

276-25   holder of a certificate of convenience and necessity may not

276-26   discontinue, reduce, or impair service to any part of the holder's

276-27   certificated service area except for:

 277-1               (1)  nonpayment of charges;

 277-2               (2)  nonuse; or

 277-3               (3)  another similar reason that occurs in the usual

 277-4   course of business.

 277-5         (b)  A discontinuance, reduction, or impairment of service

 277-6   must be in compliance with and is subject to any condition or

 277-7   restriction the commission prescribes.  (V.A.C.S. Art. 1446c-0,

 277-8   Secs. 3.258(b), (c).)

 277-9         Sec. 54.253.  DISCONTINUATION OF SERVICE BY CERTAIN

277-10   CERTIFICATE HOLDERS.  (a)  A telecommunications utility that holds

277-11   a certificate of operating authority or a service provider

277-12   certificate of operating authority may:

277-13               (1)  cease operations in the utility's certificated

277-14   area; or

277-15               (2)  discontinue an optional service that is not

277-16   essential to providing basic local telecommunications service.

277-17         (b)  Before the telecommunications utility ceases operations

277-18   or discontinues an optional service, the utility, in the manner

277-19   required by the commission, must give notice of the intended action

277-20   to:

277-21               (1)  the commission; and

277-22               (2)  each affected customer.

277-23         (c)  The telecommunications utility is entitled to

277-24   discontinue an optional service on or after the 61st day after the

277-25   date the utility gives the notice.

277-26         (d)  The telecommunications utility may not cease operations

277-27   in its certificated area unless:

 278-1               (1)  another provider of basic local telecommunications

 278-2   services has adequate facilities and capacity to serve the

 278-3   customers in the certificated area; and

 278-4               (2)  the commission authorizes the utility to cease

 278-5   operations.

 278-6         (e)  The commission may not authorize the telecommunications

 278-7   utility to cease operations under Subsection (d) before the 61st

 278-8   day after the date the utility gives the notice required by

 278-9   Subsection (b).  Unless the commission receives a complaint from an

278-10   affected person, the commission may enter an order under this

278-11   subsection administratively.  (V.A.C.S. Art. 1446c-0, Sec. 3.2595.)

278-12         Sec. 54.254.  REQUIRED REFUSAL OF SERVICE.  A holder of a

278-13   certificate of convenience and necessity, a certificate of

278-14   operating authority, or a service provider certificate of operating

278-15   authority shall refuse to serve a customer in the holder's

278-16   certificated area if the holder is prohibited from providing the

278-17   service under Section 212.012 or 232.029, Local Government Code.

278-18   (V.A.C.S. Art. 1446c-0, Sec. 3.259.)

278-19         Sec. 54.255.  TRANSFER OF CERTAIN CERTIFICATES.  (a)  A

278-20   telecommunications utility may sell, assign, or lease a certificate

278-21   of convenience and necessity or a certificate of operating

278-22   authority or a right obtained under such a certificate if the

278-23   commission determines that the purchaser, assignee, or lessee can

278-24   provide adequate service.

278-25         (b)  The sale, assignment, or lease of a certificate or a

278-26   right is subject to conditions the commission prescribes.

278-27   (V.A.C.S. Art. 1446c-0, Sec. 3.260.)

 279-1         Sec. 54.256.  APPLICATION OF CONTRACTS.  A contract approved

 279-2   by the commission between telecommunications utilities that

 279-3   designates areas and customers to be served by the utilities:

 279-4               (1)  is valid and enforceable; and

 279-5               (2)  shall be incorporated into the appropriate areas

 279-6   of certification.  (V.A.C.S. Art. 1446c-0, Sec. 3.256.)

 279-7         Sec. 54.257.  INTERFERENCE WITH ANOTHER TELECOMMUNICATIONS

 279-8   UTILITY.  If a telecommunications utility constructing or extending

 279-9   the utility's lines, plant, or system interferes or attempts to

279-10   interfere with the operation of a line, plant, or system of another

279-11   utility, the commission by order may:

279-12               (1)  prohibit the construction or extension; or

279-13               (2)  prescribe terms for locating the affected lines,

279-14   plants, or systems.  (V.A.C.S. Art. 1446c-0, Sec. 3.261.)

279-15         Sec. 54.258.  MAPS.  A public utility shall file with the

279-16   commission one or more maps that show each utility facility and

279-17   that separately illustrate each utility facility for transmission

279-18   or distribution of the utility's services on a date the commission

279-19   orders.  (V.A.C.S. Art. 1446c-0, Sec. 3.253(b).)

279-20         Sec. 54.259.  DISCRIMINATION BY PROPERTY OWNER PROHIBITED.

279-21   (a)  If a telecommunications utility holds a consent, franchise, or

279-22   permit as determined to be the appropriate grants of authority by

279-23   the municipality and holds a certificate if required by this title,

279-24   a public or private property owner may not:

279-25               (1)  prevent the utility from installing on the owner's

279-26   property a telecommunications service facility a tenant requests;

279-27               (2)  interfere with the utility's installation on the

 280-1   owner's property of a telecommunications service facility a tenant

 280-2   requests;

 280-3               (3)  discriminate against such a utility regarding

 280-4   installation, terms, or compensation of a telecommunications

 280-5   service facility to a tenant on the owner's property;

 280-6               (4)  demand or accept an unreasonable payment of any

 280-7   kind from a tenant or the utility for allowing the utility on or in

 280-8   the owner's property; or

 280-9               (5)  discriminate in favor of or against a tenant in

280-10   any manner, including rental charge discrimination, because of the

280-11   utility from which the tenant receives a telecommunications

280-12   service.

280-13         (b)  Subsection (a) does not apply to an institution of

280-14   higher education.  In this subsection, "institution of higher

280-15   education" means:

280-16               (1)  an institution of higher education as defined by

280-17   Section 61.003, Education Code; or

280-18               (2)  a private or independent institution of higher

280-19   education as defined by Section 61.003, Education Code.

280-20         (c)  Notwithstanding any other law, the commission has the

280-21   jurisdiction to enforce this section.  (V.A.C.S. Art. 1446c-0,

280-22   Secs. 3.2555(c), (e), (g).)

280-23         Sec. 54.260.  PROPERTY OWNER'S CONDITIONS.  (a)

280-24   Notwithstanding Section 54.259, if a telecommunications utility

280-25   holds a municipal consent, franchise, or permit as determined to be

280-26   the appropriate grant of authority by the municipality and holds a

280-27   certificate if required by this title, a public or private property

 281-1   owner may:

 281-2               (1)  impose a condition on the utility that is

 281-3   reasonably necessary to protect:

 281-4                     (A)  the safety, security, appearance, and

 281-5   condition of the property; and

 281-6                     (B)  the safety and convenience of other persons;

 281-7               (2)  impose a reasonable limitation on the time at

 281-8   which the utility may have access to the property to install a

 281-9   telecommunications service facility;

281-10               (3)  impose a reasonable limitation on the number of

281-11   such utilities that have access to the owner's property, if the

281-12   owner can demonstrate a space constraint that requires the

281-13   limitation;

281-14               (4)  require the utility to agree to indemnify the

281-15   owner for damage caused installing, operating, or removing a

281-16   facility;

281-17               (5)  require the tenant or the utility to bear the

281-18   entire cost of installing, operating, or removing a facility; and

281-19               (6)  require the utility to pay compensation that is

281-20   reasonable and nondiscriminatory among such telecommunications

281-21   utilities.

281-22         (b)  Notwithstanding any other law, the commission has the

281-23   jurisdiction to enforce this section.  (V.A.C.S. Art. 1446c-0,

281-24   Secs. 3.2555(d), (e).)

281-25         Sec. 54.261.  SHARED TENANT SERVICES CONTRACT.  Sections

281-26   54.259 and 54.260 do not require a public or private property owner

281-27   to enter into a contract with a telecommunications utility to

 282-1   provide shared tenant services on a property.  (V.A.C.S.

 282-2   Art. 1446c-0, Sec. 3.2555(i).)

 282-3         CHAPTER 55.  REGULATION OF TELECOMMUNICATIONS SERVICES

 282-4                    SUBCHAPTER A.  GENERAL PROVISIONS

 282-5   Sec. 55.001.  GENERAL STANDARD 

 282-6   Sec. 55.002.  COMMISSION AUTHORITY CONCERNING STANDARDS 

 282-7   Sec. 55.003.  RULE OR STANDARD 

 282-8   Sec. 55.004.  LOCAL EXCHANGE COMPANY RULE OR PRACTICE

 282-9                   CHANGE 

282-10   Sec. 55.005.  UNREASONABLE PREFERENCE OR PREJUDICE CONCERNING

282-11                   SERVICE PROHIBITED 

282-12   Sec. 55.006.  DISCRIMINATION AND RESTRICTION ON COMPETITION

282-13   Sec. 55.007.  MINIMUM SERVICES 

282-14   Sec. 55.008.  IMPROVEMENTS IN SERVICE; INTERCONNECTING

282-15                   SERVICE 

282-16   Sec. 55.009.  INTRALATA CALLS 

282-17   Sec. 55.010.  BILLING FOR SERVICE TO THE STATE 

282-18             (Sections 55.011-55.020 reserved for expansion)

282-19                  SUBCHAPTER B.  EXTENDED AREA SERVICE

282-20   Sec. 55.021.  EXTENDED AREA SERVICE 

282-21   Sec. 55.022.  MANDATORY SERVICE 

282-22   Sec. 55.023.  OPTIONAL EXTENDED AREA SERVICE 

282-23   Sec. 55.024.  CHARGE FOR EXTENDED AREA SERVICE 

282-24   Sec. 55.025.  HUNTING SERVICE 

282-25             (Sections 55.026-55.040 reserved for expansion)

282-26          SUBCHAPTER C.  EXPANDED TOLL-FREE LOCAL CALLING AREAS

282-27   Sec. 55.041.  DEFINITIONS 

 283-1   Sec. 55.042.  CONTIGUOUS EXCHANGE 

 283-2   Sec. 55.043.  SPLITTING EXCHANGES PROHIBITED 

 283-3   Sec. 55.044.  EXEMPTION 

 283-4   Sec. 55.045.  ELIGIBILITY TO PETITION 

 283-5   Sec. 55.046.  PETITION REQUIREMENTS 

 283-6   Sec. 55.047.  BALLOTING AND CONSIDERATION 

 283-7   Sec. 55.048.  CHARGES 

 283-8             (Sections 55.049-55.080 reserved for expansion)

 283-9                SUBCHAPTER D.  OPERATOR SERVICE PROVIDERS

283-10   Sec. 55.081.  DEFINITION 

283-11   Sec. 55.082.  APPLICABILITY 

283-12   Sec. 55.083.  RULES AND PROCEDURES 

283-13   Sec. 55.084.  INFORMATION DISPLAYED ON PUBLIC USE TELEPHONE 

283-14   Sec. 55.085.  CONNECTION ANNOUNCEMENT 

283-15   Sec. 55.086.  INFORMATION REQUIRED ON ACCESS TO LOCAL

283-16                   EXCHANGE COMPANY OPERATOR 

283-17   Sec. 55.087.  ACCESS TO LOCAL EXCHANGE COMPANY AND OTHER

283-18                   UTILITIES REQUIRED 

283-19   Sec. 55.088.  ACCESS TO LIVE OPERATOR REQUIRED 

283-20   Sec. 55.089.  COMMISSION MAY INVESTIGATE AND ACT ON VIOLATION 

283-21             (Sections 55.090-55.100 reserved for expansion)

283-22              SUBCHAPTER E.  CALLER IDENTIFICATION SERVICE

283-23   Sec. 55.101.  DEFINITIONS 

283-24   Sec. 55.102.  APPLICABILITY 

283-25   Sec. 55.103.  PROVISION OF SERVICE 

283-26   Sec. 55.104.  USE OF INFORMATION 

283-27   Sec. 55.105.  PER-CALL BLOCKING 

 284-1   Sec. 55.106.  PER-LINE BLOCKING 

 284-2   Sec. 55.107.  LIMITATION ON COMMISSION AUTHORITY 

 284-3   Sec. 55.108.  CALLER ID CONSUMER EDUCATION PANEL 

 284-4   Sec. 55.109.  IMPLEMENTATION OF PANEL RECOMMENDATIONS 

 284-5   Sec. 55.110.  REPORT OF BLOCKING FAILURE 

 284-6             (Sections 55.111-55.120 reserved for expansion)

 284-7            SUBCHAPTER F.  AUTOMATIC DIAL ANNOUNCING DEVICES

 284-8   Sec. 55.121.  DEFINITION 

 284-9   Sec. 55.122.  EXEMPTIONS 

284-10   Sec. 55.123.  NOTICE OF USE OF DEVICE TO TELECOMMUNICATIONS

284-11                   UTILITY 

284-12   Sec. 55.124.  RANDOM OR SEQUENTIAL NUMBER CALLING 

284-13   Sec. 55.125.  HOURS WHEN USE PROHIBITED 

284-14   Sec. 55.126.  DEVICE DISCONNECTION 

284-15   Sec. 55.127.  CONTENTS OF RECORDED MESSAGE 

284-16   Sec. 55.128.  DURATION OF RECORDED MESSAGE 

284-17   Sec. 55.129.  PERMIT REQUIRED 

284-18   Sec. 55.130.  PERMIT 

284-19   Sec. 55.131.  PERMIT FEE 

284-20   Sec. 55.132.  NOTIFICATION OF CHANGE 

284-21   Sec. 55.133.  NOTIFICATION OF LOCAL EXCHANGE COMPANY 

284-22   Sec. 55.134.  COMPLAINTS AND ENFORCEMENT 

284-23   Sec. 55.135.  REVOCATION OF PERMIT 

284-24   Sec. 55.136.  DISCONNECTION OF SERVICE 

284-25   Sec. 55.137.  ADMINISTRATIVE PENALTY 

284-26   Sec. 55.138.  CRIMINAL PENALTY 

284-27             (Sections 55.139-55.150 reserved for expansion)

 285-1                  SUBCHAPTER G.  TELEPHONE SOLICITATION

 285-2   Sec. 55.151.  COMPLIANCE WITH REQUEST NOT TO BE CALLED 

 285-3   Sec. 55.152.  NOTICE TO CONSUMERS 

 285-4             (Sections 55.153-55.170 reserved for expansion)

 285-5                      SUBCHAPTER H.  PAY TELEPHONES

 285-6   Sec. 55.171.  DEFINITION 

 285-7   Sec. 55.172.  LIMITATION 

 285-8   Sec. 55.173.  REGISTRATION 

 285-9   Sec. 55.174.  PROHIBITION ON CHARGE FOR CERTAIN CALLS 

285-10   Sec. 55.175.  CHARGE FOR LOCAL CALLS 

285-11   Sec. 55.176.  CHARGE FOR 800-TYPE CALLS 

285-12   Sec. 55.177.  CHARGE FOR CREDIT CARD, CALLING CARD, OR

285-13                   OPERATOR-ASSISTED CALLS 

285-14   Sec. 55.178.  NOTICE OF INABILITY TO RECEIVE CALLS 

285-15   Sec. 55.179.  INFORMATION REQUIREMENTS 

285-16   Sec. 55.180.  VIOLATIONS 

285-17             (Sections 55.181-55.200 reserved for expansion)

285-18            SUBCHAPTER I.  DIRECTORY LISTINGS AND ASSISTANCE

285-19   Sec. 55.201.  TERMS OF DIRECTORY LISTINGS AND ASSISTANCE 

285-20   Sec. 55.202.  DIRECTORY PUBLISHED BY TELECOMMUNICATIONS

285-21                   UTILITY 

285-22   Sec. 55.203.  DIRECTORY PUBLISHED BY PRIVATE PUBLISHER 

285-23             (Sections 55.204-55.250 reserved for expansion)

285-24     SUBCHAPTER J.  TELECOMMUNICATIONS SERVICE BY CERTAIN PROVIDERS

285-25   Sec. 55.251.  CHARGE FOR HOTEL OR MOTEL CALL 

285-26   Sec. 55.252.  900 SERVICE USED BY PROBATIONERS OR PAROLEES 

285-27         CHAPTER 55.  REGULATION OF TELECOMMUNICATIONS SERVICES

 286-1                    SUBCHAPTER A.  GENERAL PROVISIONS

 286-2         Sec. 55.001.  GENERAL STANDARD.  A public utility shall

 286-3   furnish service, instrumentalities, and facilities that are safe,

 286-4   adequate, efficient, and reasonable.  (V.A.C.S. Art. 1446c-0, Sec.

 286-5   3.155(a).)

 286-6         Sec. 55.002.  COMMISSION AUTHORITY CONCERNING STANDARDS.  The

 286-7   commission, on its own motion or on complaint and after reasonable

 286-8   notice and hearing, may:

 286-9               (1)  adopt just and reasonable standards,

286-10   classifications, rules, or practices a public utility must follow

286-11   in furnishing a service;

286-12               (2)  adopt adequate and reasonable standards for

286-13   measuring a condition, including quantity and quality, relating to

286-14   the furnishing of a service;

286-15               (3)  adopt reasonable rules for examining, testing, and

286-16   measuring a service; and

286-17               (4)  adopt or approve reasonable rules, specifications,

286-18   and standards to ensure the accuracy of equipment, including meters

286-19   and instruments, used to measure a service.  (V.A.C.S.

286-20   Art. 1446c-0, Sec. 3.155(b).)

286-21         Sec. 55.003.  RULE OR STANDARD.  (a)  A public utility may

286-22   not impose a rule except as provided by this title.

286-23         (b)  A public utility may file with the commission a

286-24   standard, classification, rule, or practice the utility follows.

286-25         (c)  The standard, classification, rule, or practice

286-26   continues in force until:

286-27               (1)  amended by the utility; or

 287-1               (2)  changed by the commission as provided by this

 287-2   subtitle.  (V.A.C.S. Art. 1446c-0, Secs. 3.153 (part), 3.155(c).)

 287-3         Sec. 55.004.  LOCAL EXCHANGE COMPANY RULE OR PRACTICE CHANGE.

 287-4   (a)  To make a change in an incumbent local exchange company's

 287-5   tariffed rules or practices that does not affect the company's

 287-6   charges or rates, the company must file the proposed change with

 287-7   the commission at least 35 days before the effective date of the

 287-8   change.  The commission may require the incumbent local exchange

 287-9   company to provide to ratepayers appropriate notice as determined

287-10   by the commission.

287-11         (b)  The commission, on complaint by an affected person or on

287-12   its own motion and after reasonable notice, may hold a hearing to

287-13   determine the propriety of a change proposed under this section.

287-14   Pending the hearing and decision, the commission may suspend the

287-15   change for not longer than 120 days after the date the change would

287-16   otherwise be effective.  The commission shall approve, deny, or

287-17   modify the change before the period of suspension expires.

287-18         (c)  In a proceeding under this section, the incumbent local

287-19   exchange company has the burden of proving the proposed change:

287-20               (1)  is in the public interest; and

287-21               (2)  complies with this title.  (V.A.C.S. Art. 1446c-0,

287-22   Sec. 3.212.)

287-23         Sec. 55.005.  UNREASONABLE PREFERENCE OR PREJUDICE CONCERNING

287-24   SERVICE PROHIBITED.  In providing a service to persons in a

287-25   classification, a public utility may not:

287-26               (1)  grant an unreasonable preference or advantage to a

287-27   person in the classification; or

 288-1               (2)  subject a person in the classification to an

 288-2   unreasonable prejudice or disadvantage.  (V.A.C.S. Art. 1446c-0,

 288-3   Sec. 3.215 (part).)

 288-4         Sec. 55.006.  DISCRIMINATION AND RESTRICTION ON COMPETITION.

 288-5    A public utility may not:

 288-6               (1)  discriminate against a person who sells or leases

 288-7   equipment or performs services in competition with the public

 288-8   utility; or

 288-9               (2)  engage in a practice that tends to restrict or

288-10   impair that competition.  (V.A.C.S. Art. 1446c-0, Sec. 3.217.)

288-11         Sec. 55.007.  MINIMUM SERVICES.  (a)  The commission shall

288-12   require a holder of a certificate of convenience and necessity or a

288-13   certificate of operating authority to provide at the applicable

288-14   tariff rate, if any, to each customer, regardless of race, national

288-15   origin, income, or residence in an urban or rural area:

288-16               (1)  single-party service;

288-17               (2)  tone-dialing service;

288-18               (3)  basic custom calling features;

288-19               (4)  equal access for an interLATA interexchange

288-20   carrier on a bona fide request; and

288-21               (5)  digital switching capability in an exchange on

288-22   customer request, provided by a digital switch in the exchange or

288-23   by connection to a digital switch in another exchange.

288-24         (b)  Notwithstanding Subsection (a), an electing incumbent

288-25   local exchange company serving more than 175,000 but fewer than

288-26   1,500,000 access lines on January 1, 1995, shall install a digital

288-27   switch in each central office that serves an exchange of fewer than

 289-1   20,000 access lines.

 289-2         (c)  The commission may temporarily waive a requirement

 289-3   imposed by Subsection (a) or (b) on a showing of good cause.

 289-4         (d)  The commission may not consider the cost of implementing

 289-5   this section in determining whether an electing company is entitled

 289-6   to:

 289-7               (1)  a rate increase under Chapter 58 or 59; or

 289-8               (2)  increased universal service funds under Subchapter

 289-9   B, Chapter 56.

289-10         (e)  A holder of a certificate of convenience and necessity

289-11   or a certificate of operating authority shall comply with

289-12   Subsection (a) not later than December 31, 2000.  This subsection

289-13   expires September 1, 2003.

289-14         (f)  An electing incumbent local exchange company subject to

289-15   Subsection (b) shall comply with that subsection not later than

289-16   December 31, 1998.  This subsection expires September 1, 2001.

289-17   (V.A.C.S. Art. 1446c-0, Secs. 3.1555(a), (b), (c).)

289-18         Sec. 55.008.  IMPROVEMENTS IN SERVICE; INTERCONNECTING

289-19   SERVICE.  The commission, after notice and hearing, may:

289-20               (1)  order a public utility to provide specified

289-21   improvements in its service in a specified area if:

289-22                     (A)  service in the area is inadequate or

289-23   substantially inferior to service in a comparable area; and

289-24                     (B)  requiring the company to provide the

289-25   improved service is reasonable; or

289-26               (2)  order two or more utilities to establish specified

289-27   facilities for interconnecting service.  (V.A.C.S. Art. 1446c-0,

 290-1   Sec. 3.262(a) (part).)

 290-2         Sec. 55.009.  INTRALATA CALLS.  (a)  If federal law prohibits

 290-3   a local exchange company in this state from providing interLATA

 290-4   telecommunications services, the local exchange companies in this

 290-5   state designated or de facto authorized to receive a "0-plus" or

 290-6   "1-plus" dialed intraLATA call are exclusively designated or

 290-7   authorized to receive such a call.

 290-8         (b)  A telecommunications utility operating under a

 290-9   certificate of operating authority or a service provider

290-10   certificate of operating authority is de facto authorized to

290-11   receive a "0-plus" or "1-plus" dialed intraLATA call on the date

290-12   the utility receives its certificate, to the extent the utility is

290-13   not restricted by Section 54.159.

290-14         (c)  If federal law allows all local exchange companies to

290-15   provide interLATA telecommunications services, the commission shall

290-16   ensure that:

290-17               (1)  a customer may designate a provider of the

290-18   customer's choice to carry the customer's "0-plus" and "1-plus"

290-19   dialed intraLATA calls; and

290-20               (2)  equal access in the public network is implemented

290-21   to allow the provider to carry those calls.  (V.A.C.S.

290-22   Art. 1446c-0, Sec.  3.219.)

290-23         Sec. 55.010.  BILLING FOR SERVICE TO THE STATE.  A

290-24   telecommunications utility providing service to the state,

290-25   including service to an agency in any branch of state government,

290-26   may not impose a fee, a penalty, interest, or any other charge for

290-27   delinquent payment of a bill for that service.  (V.A.C.S.

 291-1   Art. 1446c-0, Sec. 3.218.)

 291-2             (Sections 55.011-55.020 reserved for expansion)

 291-3                  SUBCHAPTER B.  EXTENDED AREA SERVICE

 291-4         Sec. 55.021.  EXTENDED AREA SERVICE.  After notice and a

 291-5   hearing, the commission may order one or more local exchange

 291-6   companies that are dominant carriers to provide:

 291-7               (1)  mandatory extended area service in accordance with

 291-8   Section 55.022; or

 291-9               (2)  optional extended area service in accordance with

291-10   Section 55.023.  (V.A.C.S. Art. 1446c-0, Sec. 3.262(a) (part).)

291-11         Sec. 55.022.  MANDATORY SERVICE.  The commission may order

291-12   mandatory extended area service in a specified metropolitan area

291-13   if:

291-14               (1)  there is a sufficient community of interest in the

291-15   area; and

291-16               (2)  the company can reasonably provide the service.

291-17   (V.A.C.S. Art. 1446c-0, Sec. 3.262(a) (part).)

291-18         Sec. 55.023.  OPTIONAL EXTENDED AREA SERVICE.  (a)  The

291-19   commission may order optional extended area service in a specified

291-20   calling area if:

291-21               (1)  each affected company and the representatives of

291-22   at least one political subdivision in the proposed calling area

291-23   agree to the service; and

291-24               (2)  the proposed common calling area has a single,

291-25   continuous boundary.

291-26         (b)  The commission may not adopt rules that diminish in any

291-27   manner the ability of an affected company or a political

 292-1   subdivision to enter into joint agreements for optional extended

 292-2   area service under this section.

 292-3         (c)  In this section, "political subdivision" means:

 292-4               (1)  a county;

 292-5               (2)  a municipality; or

 292-6               (3)  an unincorporated town or village that has 275 or

 292-7   more access lines.  (V.A.C.S. Art. 1446c-0, Secs. 3.262(a) (part),

 292-8   (b).)

 292-9         Sec. 55.024.  CHARGE FOR EXTENDED AREA SERVICE.  (a)  An

292-10   incumbent local exchange company that provides mandatory two-way

292-11   extended area service to customers shall impose for that service a

292-12   separately stated monthly charge of $3.50 a line for a residential

292-13   customer and $7 a line for a business customer if, on September 1,

292-14   1995, the company:

292-15               (1)  served more than 1,000,000 access lines in this

292-16   state; and

292-17               (2)  imposed a separately stated monthly charge for

292-18   mandatory two-way extended area service of more than $3.50 a line

292-19   for a residential customer and more than $7 a line for a business

292-20   customer.

292-21         (b)  The company shall recover all costs incurred and all

292-22   loss of revenue that results from imposition of the rates

292-23   prescribed by Subsection (a) in the manner prescribed by Section

292-24   55.048(c).

292-25         (c)  The rate limitation prescribed by Subsection (a) does

292-26   not apply to a separately stated monthly charge for:

292-27               (1)  extended area service in or into a metropolitan

 293-1   exchange; or

 293-2               (2)  extended metropolitan service. (V.A.C.S.

 293-3   Art. 1446c-0, Sec. 3.308.)

 293-4         Sec. 55.025.  HUNTING SERVICE.  (a)  A local exchange company

 293-5   shall make available, at a reasonable tariffed rate, hunting

 293-6   service from local exchange lines to extended metropolitan service

 293-7   lines.

 293-8         (b)  The company may not require a customer to purchase

 293-9   additional extended metropolitan service to obtain the hunting

293-10   service.  (V.A.C.S. Art. 1446c-0, Sec. 3.311.)

293-11             (Sections 55.026-55.040 reserved for expansion)

293-12          SUBCHAPTER C.  EXPANDED TOLL-FREE LOCAL CALLING AREAS

293-13         Sec. 55.041.  DEFINITIONS.  In this subchapter, "metropolitan

293-14   exchange," "local calling area of a metropolitan exchange," and

293-15   "exchange" have the meanings and boundaries assigned by the

293-16   commission on September 1, 1993.  (V.A.C.S. Art. 1446c-0, Sec.

293-17   3.304(b)(2) (part).)

293-18         Sec. 55.042.  CONTIGUOUS EXCHANGE.  The commission may expand

293-19   a toll-free local calling area into an exchange that is not in a

293-20   metropolitan exchange but is in a local calling area that is

293-21   contiguous to a metropolitan exchange that the commission

293-22   determines has a community of interest with the exchange for which

293-23   a petition is filed under this subchapter.  (V.A.C.S. Art. 1446c-0,

293-24   Sec. 3.304(b)(2) (part).)

293-25         Sec. 55.043.  SPLITTING EXCHANGES PROHIBITED.

293-26   Notwithstanding any other provision of this subchapter, the

293-27   commission may not split a petitioning or requested exchange in

 294-1   establishing a toll-free local calling area.  (V.A.C.S.

 294-2   Art. 1446c-0, Sec. 3.304(b)(2) (part).)

 294-3         Sec. 55.044.  EXEMPTION.  (a)  The commission may not require

 294-4   an incumbent local exchange company serving the petitioning or

 294-5   requested exchange to expand the company's toll-free local calling

 294-6   area under this subchapter if:

 294-7               (1)  the incumbent local exchange company has fewer

 294-8   than 10,000 access lines;

 294-9               (2)  the petitioning or requested exchange is served by

294-10   a telephone cooperative corporation;

294-11               (3)  extended area service or extended metropolitan

294-12   service is available between the exchanges;

294-13               (4)  the petitioning or requested exchange is a

294-14   metropolitan exchange; or

294-15               (5)  the commission determines that the company has

294-16   shown that to serve the area is not geographically or

294-17   technologically feasible.

294-18         (b)  To promote the wide dispersion of pay telephones, the

294-19   commission may:

294-20               (1)  exempt pay telephones from this subchapter; or

294-21               (2)  change the rates charged for calls from pay

294-22   telephones.  (V.A.C.S. Art. 1446c-0, Secs. 3.304(b)(1), (c).)

294-23         Sec. 55.045.  ELIGIBILITY TO PETITION.  The telephone

294-24   subscribers of an incumbent local exchange company exchange that

294-25   serves not more than 10,000 access lines may petition the

294-26   commission for expansion of the company's toll-free local calling

294-27   area if:

 295-1               (1)  the petitioning exchange's central switching

 295-2   office is located within 22 miles, using vertical and horizontal

 295-3   geographic coordinates, of the central switching office of the

 295-4   exchange requested for expanded local calling service; or

 295-5               (2)  the petitioning exchange's central office is not

 295-6   more than 50 miles from the central office of the exchange

 295-7   requested for expanded local calling service and the exchanges

 295-8   share a community of interest.  (V.A.C.S. Art. 1446c-0, Sec.

 295-9   3.304(a) (part).)

295-10         Sec. 55.046.  PETITION REQUIREMENTS.  (a)  A petition under

295-11   this subchapter must be signed by a number of the exchange's

295-12   subscribers equal at least to the lesser of 100 of the exchange's

295-13   subscribers or five percent of the exchange's subscribers.

295-14         (b)  An exchange that petitions under Section 55.045(2) must

295-15   demonstrate in the petition that the exchange shares a community of

295-16   interest with the requested exchange.

295-17         (c)  For purposes of this section, the relationships between

295-18   exchanges that create a community of interest include:

295-19               (1)  a relationship because of schools, hospitals,

295-20   local governments, or business centers; or

295-21               (2)  other relationships that would make the

295-22   unavailability of expanded local calling service a hardship for the

295-23   residents of the area.  (V.A.C.S. Art. 1446c-0, Sec. 3.304(a)

295-24   (part).)

295-25         Sec. 55.047.  BALLOTING AND CONSIDERATION.  (a)  If the

295-26   commission receives a petition that complies with this subchapter,

295-27   the commission shall order the incumbent local exchange company to

 296-1   provide ballots to the subscribers in the petitioning exchange.

 296-2         (b)  The commission shall consider the request for expansion

 296-3   of the toll-free local calling area if at least 70 percent of the

 296-4   subscribers who vote do so in favor of the expansion.

 296-5         (c)  The commission by rule shall provide for an expedited

 296-6   hearing on the issue of expansion.  (V.A.C.S. Art. 1446c-0, Sec.

 296-7   3.304(a) (part).)

 296-8         Sec. 55.048.  CHARGES.  (a)  The incumbent local exchange

 296-9   company shall recover all costs incurred and all loss of revenue

296-10   from an expansion of a toll-free local calling area under this

296-11   subchapter through a request other than a revenue requirement

296-12   showing by imposing a monthly fee under Subsection (b) or (c), or

296-13   both.

296-14         (b)  The company may impose a monthly fee against each

296-15   residential and business customer in the petitioning exchange.  The

296-16   fee may not exceed $3.50 a line for a residential customer and $7 a

296-17   line for a business customer unless the customer's toll-free local

296-18   calling area includes more than five exchanges.  The company may

296-19   impose an additional monthly fee of $1.50 for each exchange in

296-20   excess of five.  This subsection applies regardless of the number

296-21   of petitions required to obtain access to the exchanges.  A company

296-22   may impose a fee under this subsection only until the company's

296-23   next general rate case.

296-24         (c)  The company may impose a monthly fee against each of the

296-25   company's local exchange service customers in this state.  This fee

296-26   is in addition to the company's local exchange rates.

296-27         (d)  The company may not recover regulatory case expenses

 297-1   under this subchapter by imposing a surcharge on the subscribers of

 297-2   the petitioning exchange.  (V.A.C.S. Art. 1446c-0, Sec. 3.304(a)

 297-3   (part).)

 297-4             (Sections 55.049-55.080 reserved for expansion)

 297-5                SUBCHAPTER D.  OPERATOR SERVICE PROVIDERS

 297-6         Sec. 55.081.  DEFINITION.  In this subchapter, "operator

 297-7   service" means a service using live operator or automated operator

 297-8   functions to handle telephone service such as toll calling using

 297-9   collect, third-number billing, and calling card services.  The term

297-10   does not include a call for which the called party has arranged to

297-11   be billed (800 service).  (V.A.C.S. Art. 1446c-0, Sec. 3.052(a).)

297-12         Sec. 55.082.  APPLICABILITY.  Except as provided by Section

297-13   55.088, this subchapter applies only to a telecommunications

297-14   utility that is not a dominant carrier.  (V.A.C.S. Art. 1446c-0,

297-15   Sec. 3.052(h) (part).)

297-16         Sec. 55.083.  RULES AND PROCEDURES.  (a)  The commission may

297-17   adopt rules and establish procedures to enforce and implement this

297-18   subchapter.

297-19         (b)  A rule adopted under this subchapter must be

297-20   nondiscriminatory and designed to promote competition that

297-21   facilitates consumer choice. (V.A.C.S. Art. 1446c-0, Secs. 3.052(f)

297-22   (part), (h) (part).)

297-23         Sec. 55.084.  INFORMATION DISPLAYED ON PUBLIC USE TELEPHONE.

297-24   (a)  An operator service provider shall furnish each entity with

297-25   which it contracts to provide operator service a sticker, card, or

297-26   other form of information approved by the commission for each

297-27   telephone that:

 298-1               (1)  has access to the service; and

 298-2               (2)  is intended for use by the public.

 298-3         (b)  The commission may grant the owner of a telephone

 298-4   approval for an alternative form of information.

 298-5         (c)  The information must state:

 298-6               (1)  the provider's name;

 298-7               (2)  that the operator service provider will provide

 298-8   rate information on a caller's request;

 298-9               (3)  that a caller, on the caller's request, will be

298-10   informed of the method of access to the local exchange carrier

298-11   operator; and

298-12               (4)  that a complaint about the service may be made to

298-13   the provider or to the commission at the designated telephone

298-14   number.

298-15         (d)  The operator service provider shall by contract require

298-16   an entity receiving information to display the information on or

298-17   near each telephone for which the operator service provider is

298-18   required to furnish the information.  (V.A.C.S. Art. 1446c-0, Sec.

298-19   3.052(c).)

298-20         Sec. 55.085.  CONNECTION ANNOUNCEMENT.  Before connecting a

298-21   call, the operator service provider shall:

298-22               (1)  announce the provider's name; and

298-23               (2)  at the caller's request, quote the rate and any

298-24   other fee or surcharge that applies to the call and is charged by

298-25   the provider.  (V.A.C.S. Art. 1446c-0, Sec. 3.052(b).)

298-26         Sec. 55.086.  INFORMATION REQUIRED ON ACCESS TO LOCAL

298-27   EXCHANGE COMPANY OPERATOR.  (a)  An operator service provider, on a

 299-1   caller's request, shall inform the caller of the method of access

 299-2   to the local exchange carrier operator serving the exchange from

 299-3   which the call is made.

 299-4         (b)  A charge may not be made for information provided under

 299-5   this section.  (V.A.C.S. Art. 1446c-0, Sec. 3.052(d).)

 299-6         Sec. 55.087.  ACCESS TO LOCAL EXCHANGE COMPANY AND OTHER

 299-7   UTILITIES REQUIRED.  (a)  The commission by rule shall require an

 299-8   operator service provider to include in its contract with each

 299-9   entity through which it provides operator service a provision that

299-10   requires each telephone subscribed to its service to allow access

299-11   to:

299-12               (1)  the local exchange carrier operator serving the

299-13   exchange from which the call is made; and

299-14               (2)  other telecommunications utilities.

299-15         (b)  To prevent fraudulent use of its service, an operator

299-16   service provider or an entity through which it provides operator

299-17   service may block the access described by Subsection (a) by

299-18   obtaining a waiver for this purpose from the commission or the

299-19   Federal Communications Commission.  The commission by rule shall

299-20   establish the procedure and criteria for obtaining a waiver from

299-21   the commission.  (V.A.C.S. Art. 1446c-0, Sec. 3.052(e).)

299-22         Sec. 55.088.  ACCESS TO LIVE OPERATOR REQUIRED.  (a)  A

299-23   dominant or nondominant telecommunications utility that provides

299-24   operator service shall ensure that a caller has access to a live

299-25   operator at the beginning of a live or mechanized operator-assisted

299-26   call through a method designed to be easily and clearly

299-27   understandable and accessible to the caller.

 300-1         (b)  A telecommunications utility described by Subsection (a)

 300-2   shall submit to the commission for review the method by which the

 300-3   utility will provide access to a live operator.

 300-4         (c)  This section applies regardless of the method by which

 300-5   the telecommunications utility provides operator service.

 300-6         (d)  This section does not apply to a telephone located in a

 300-7   prison or jail facility.  (V.A.C.S. Art. 1446c-0, Sec. 3.052(i).)

 300-8         Sec. 55.089.  COMMISSION MAY INVESTIGATE AND ACT ON

 300-9   VIOLATION.  (a)  If the commission determines that an operator

300-10   service provider has violated or is about to violate this

300-11   subchapter, the commission, after notice and evidentiary hearing,

300-12   may take action to stop, correct, or prevent the violation.

300-13         (b)  The commission may investigate a complaint that it

300-14   receives concerning an operator service.  (V.A.C.S. Art. 1446c-0,

300-15   Sec. 3.052(g).)

300-16             (Sections 55.090-55.100 reserved for expansion)

300-17              SUBCHAPTER E.  CALLER IDENTIFICATION SERVICE

300-18         Sec. 55.101.  DEFINITIONS.  In this subchapter:

300-19               (1)  "Caller identification information" means any

300-20   information that may be used to identify the specific originating

300-21   number or originating location of a wire or electronic

300-22   communication transmitted by a telephone, including the telephone

300-23   listing number or the name of the customer from whose telephone a

300-24   telephone number is dialed.

300-25               (2)  "Caller identification service" means a service

300-26   that provides caller identification information to a device that

300-27   can display the information.

 301-1               (3)  "Per-call blocking" means a telecommunications

 301-2   service that prevents caller identification information from being

 301-3   transmitted to a called party on an individual call when the

 301-4   calling party affirmatively acts to prevent the transmission.

 301-5               (4)  "Per-line blocking" means a telecommunications

 301-6   service that prevents caller identification information from being

 301-7   transmitted to a called party on each call unless the calling party

 301-8   affirmatively acts to permit the transmission.  (V.A.C.S.

 301-9   Art. 1446c-0, Secs. 3.302(h)(1), (2) (part), (3), (4).)

301-10         Sec. 55.102.  APPLICABILITY.  (a)  This subchapter applies

301-11   only to the provision of caller identification service.

301-12         (b)  This subchapter does not apply to:

301-13               (1)  an identification service that is used in a

301-14   limited system, including a central office based PBX-type system;

301-15               (2)  information that is used on a public agency's

301-16   emergency telephone line or on a line that receives the primary

301-17   emergency telephone number (911);

301-18               (3)  information exchanged between telecommunications

301-19   utilities, enhanced service providers, or other entities that is

301-20   necessary for the setting up, processing, transmission, or billing

301-21   of telecommunications or related services;

301-22               (4)  information provided in compliance with applicable

301-23   law or legal process; or

301-24               (5)  an identification service provided in connection

301-25   with a 700, 800, or 900 access code telecommunications service.

301-26   (V.A.C.S. Art. 1446c-0, Secs. 3.302(a), (g).)

301-27         Sec. 55.103.  PROVISION OF SERVICE.  A telecommunications

 302-1   utility or commercial mobile service provider may offer caller

 302-2   identification services under this subchapter only if the utility

 302-3   or provider obtains written authorization from the commission.

 302-4   (V.A.C.S. Art. 1446c-0, Sec. 3.302(b), (h)(2) (part), (i).)

 302-5         Sec. 55.104.  USE OF INFORMATION.  (a)  A person may not use

 302-6   a caller identification service to compile and sell specific local

 302-7   call information without the affirmative approval of the

 302-8   originating telephone customer.

 302-9         (b)  This section does not prohibit a provider of caller

302-10   identification service from:

302-11               (1)  verifying network performance or testing the

302-12   caller identification service;

302-13               (2)  compiling, using, and disclosing aggregate caller

302-14   identification information; or

302-15               (3)  complying with applicable law or legal process.

302-16   (V.A.C.S. Art. 1446c-0, Sec. 3.302(f).)

302-17         Sec. 55.105.  PER-CALL BLOCKING.  The commission shall

302-18   require that a provider of caller identification service offer free

302-19   per-call blocking to each telephone subscriber in the specific area

302-20   in which the service is offered.  (V.A.C.S. Art. 1446c-0, Sec.

302-21   3.302(c).)

302-22         Sec. 55.106.  PER-LINE BLOCKING.  (a)  The commission shall

302-23   require that a provider of caller identification service offer free

302-24   per-line blocking to a particular customer if the commission

302-25   receives from the customer written certification that the customer

302-26   has a compelling need for per-line blocking.

302-27         (b)  A provider who is ordered to offer per-line blocking

 303-1   under this section shall notify the customer by mail of the date

 303-2   the blocking will begin.

 303-3         (c)  If a customer removes and later reinstates the per-line

 303-4   block, the provider may assess a service order charge in an amount

 303-5   approved by the commission for the provider's administrative

 303-6   expenses relating to the reinstatement.

 303-7         (d)  The commission may impose a fee or assessment on a

 303-8   provider in an amount sufficient to cover the additional expenses

 303-9   the commission incurs in implementing the customer certification

303-10   provisions of this section.

303-11         (e)  Information received under this section by the

303-12   commission or by a provider is confidential and may be used only to

303-13   administer this section.  (V.A.C.S. Art. 1446c-0, Secs. 3.302(d),

303-14   3.3025(a) (part).)

303-15         Sec. 55.107.  LIMITATION ON COMMISSION AUTHORITY.  The

303-16   commission may prescribe in relation to blocking only a requirement

303-17   authorized by Sections 55.105 and 55.106.  (V.A.C.S. Art. 1446c-0,

303-18   Sec. 3.302(e).)

303-19         Sec. 55.108.  CALLER ID CONSUMER EDUCATION PANEL.  (a)  The

303-20   Caller ID Consumer Education Panel is composed of:

303-21               (1)  one person appointed by the governor;

303-22               (2)  one person appointed by the presiding officer of

303-23   the commission after the presiding officer consults with the Texas

303-24   Council on Family Violence; and

303-25               (3)  one person appointed by the counsellor.

303-26         (b)  The panel shall:

303-27               (1)  meet at least quarterly;

 304-1               (2)  file an annual report with the commission

 304-2   regarding:

 304-3                     (A)  the level of effort and effectiveness of

 304-4   consumer education materials; and

 304-5                     (B)  the panel's recommendations for:

 304-6                           (i)  increasing the safe use of caller ID

 304-7   services and the privacy of the calling customer; and

 304-8                           (ii)  decreasing the likelihood of harm

 304-9   resulting from the use of caller ID services; and

304-10               (3)  investigate whether educational caller ID

304-11   materials are distributed in as effective a manner as marketing

304-12   caller ID materials.

304-13         (c)  A provider of caller ID services shall file with the

304-14   panel all caller ID materials as the materials become available.

304-15         (d)  The panel is abolished and this section expires

304-16   September 1, 1999.

304-17         (e)  In this section:

304-18               (1)  "Caller ID service" has the meaning assigned by

304-19   Section 55.110.

304-20               (2)  "Caller ID materials" means any disseminated

304-21   information relating to caller ID services, including

304-22   advertisements, educational material, training material, and audio

304-23   and video marketing devices. (V.A.C.S. Art. 1446c-0, Secs.

304-24   3.3025(b) (part), (c), (d), (e).)

304-25         Sec. 55.109.  IMPLEMENTATION OF PANEL RECOMMENDATIONS.  The

304-26   commission may implement the recommendations of the Caller ID

304-27   Consumer Education Panel and interested parties to the extent

 305-1   consistent with the public interest.  (V.A.C.S. Art. 1446c-0, Sec.

 305-2   3.3025(b) (part).)

 305-3         Sec. 55.110.  REPORT OF BLOCKING FAILURE.  (a)  A provider of

 305-4   caller ID services who becomes aware of the failure of per-call or

 305-5   per-line blocking to block identification of a customer shall

 305-6   report that failure to the commission, the Caller ID Consumer

 305-7   Education Panel, and the customer whose identification was not

 305-8   blocked.

 305-9         (b)  The provider shall make a reasonable effort to notify

305-10   the customer within 24 hours after the provider becomes aware of

305-11   the failure.  The provider is not required to notify the customer

305-12   if the customer reported the failure.

305-13         (c)  In this section, "caller ID service" means a service

305-14   that permits the called party to determine the identity, telephone

305-15   number, or address of the calling party.  The term does not include

305-16   911 services.  (V.A.C.S. Art. 1446c-0, Secs.  3.3025(a) (part),

305-17   (d).)

305-18             (Sections 55.111-55.120 reserved for expansion)

305-19            SUBCHAPTER F.  AUTOMATIC DIAL ANNOUNCING DEVICES

305-20         Sec. 55.121.  DEFINITION.  In this subchapter, "automated

305-21   dial announcing device" means automated equipment used for

305-22   telephone solicitation or collection that can:

305-23               (1)  store telephone numbers to be called or produce

305-24   numbers to be called through use of a random or sequential number

305-25   generator; and

305-26               (2)  convey, alone or in conjunction with other

305-27   equipment, a prerecorded or synthesized voice message to the number

 306-1   called without the use of a live operator.  (V.A.C.S. Art. 1446c-0,

 306-2   Sec. 3.651(1).)

 306-3         Sec. 55.122.  EXEMPTIONS.  This subchapter does not apply to

 306-4   the use of an automated dial announcing device:

 306-5               (1)  to make a call relating to an emergency or a

 306-6   public service under a program developed or approved by the

 306-7   emergency management coordinator of the county in which the call is

 306-8   received; or

 306-9               (2)  by a public or private primary or secondary school

306-10   system to locate or account for a truant student.  (V.A.C.S.

306-11   Art. 1446c-0, Sec. 3.652.)

306-12         Sec. 55.123.  NOTICE OF USE OF DEVICE TO TELECOMMUNICATIONS

306-13   UTILITY.  A person may not use an automated dial announcing device

306-14   to make a telephone call in which the device plays a recorded

306-15   message when the connection is completed unless the person gives to

306-16   each telecommunications utility over whose system the device is to

306-17   be used written notice specifying the type of device to be used.

306-18   (V.A.C.S. Article 1446c-0, Sec. 3.653(a) (part).)

306-19         Sec. 55.124.  RANDOM OR SEQUENTIAL NUMBER CALLING.  A person

306-20   may not use an automated dial announcing device for random number

306-21   dialing or to dial numbers determined by successively increasing or

306-22   decreasing integers if the person uses the device to make a

306-23   telephone call in which the device plays a recorded message when

306-24   the connection is completed.  (V.A.C.S.  Art. 1446c-0, Sec.

306-25   3.653(a) (part).)

306-26         Sec. 55.125.  HOURS WHEN USE PROHIBITED.  (a)  A person may

306-27   not use an automated dial announcing device to make a telephone

 307-1   solicitation call terminating in this state in which the device

 307-2   plays a recorded message when the connection is completed if the

 307-3   call is made:

 307-4               (1)  before noon or after 9 p.m. on a Sunday; or

 307-5               (2)  before 9 a.m. or after 9 p.m. on a weekday or a

 307-6   Saturday.

 307-7         (b)  A person may not use an automated dial announcing device

 307-8   to make a telephone collection call terminating in this state in

 307-9   which the device plays a recorded message when the connection is

307-10   completed if the call is made at an hour at which collection calls

307-11   are prohibited under the federal Fair Debt Collection Practices Act

307-12   (15 U.S.C. Section 1692 et seq.). (V.A.C.S. Art. 1446c-0, Sec.

307-13   3.653(a) (part).)

307-14         Sec. 55.126.  DEVICE DISCONNECTION.  A person may not use an

307-15   automated dial announcing device to make a telephone call in which

307-16   the device plays a recorded message when the connection is

307-17   completed unless the device disconnects from the called person's

307-18   line not later than 30 seconds after the call is terminated by

307-19   either party.  If the device cannot disconnect during that period,

307-20   a live operator must introduce the call and receive the called

307-21   person's oral consent before beginning a prerecorded or synthesized

307-22   voice message.  (V.A.C.S. Art. 1446c-0, Sec. 3.653(a) (part).)

307-23         Sec. 55.127.  CONTENTS OF RECORDED MESSAGE.  (a)  A person

307-24   may not use an automated dial announcing device to make a telephone

307-25   call in which the device plays a recorded message when the

307-26   connection is completed unless the recorded message states during

307-27   the first 30 seconds of the call:

 308-1               (1)  the nature of the call;

 308-2               (2)  the identity of the person, company, or

 308-3   organization making the call; and

 308-4               (3)  the telephone number from which the call is made.

 308-5         (b)  In addition to the requirements prescribed by Subsection

 308-6   (a), a call during which a cross-promotion or reference to a

 308-7   pay-per-call information service is made must include a statement

 308-8   of:

 308-9               (1)  the fact that a caller who makes a call to a

308-10   pay-per-call information service's telephone number will be charged

308-11   for that call;

308-12               (2)  the amount of the flat-rate or cost-per-minute

308-13   charge the caller will incur or the amount of both if both charges

308-14   will be incurred; and

308-15               (3)  the estimated amount of time required to receive

308-16   all the information offered by the service during a call.

308-17         (c)  Subsection (a) does not apply to the use of a device if

308-18   the device is used:

308-19               (1)  for debt collection purposes in compliance with

308-20   applicable federal law and regulations; and

308-21               (2)  by a live operator for automated dialing or hold

308-22   announcement purposes.

308-23         (d)  In this section, "pay-per-call information service"

308-24   means a service that routinely delivers, for a predetermined and

308-25   sometimes time-sensitive fee, a prerecorded or live message or

308-26   interactive program after the caller dials a specified 900 or 976

308-27   number.  (V.A.C.S. Art. 1446c-0, Secs. 3.653(a) (part), (b), (c).)

 309-1         Sec. 55.128.  DURATION OF RECORDED MESSAGE.  A person may not

 309-2   use an automated dial announcing device to make for solicitation

 309-3   purposes a telephone call in which the device plays a recorded

 309-4   message when the connection is completed unless:

 309-5               (1)  the recorded message is shorter than one minute;

 309-6   or

 309-7               (2)  the device has the technical capacity to:

 309-8                     (A)  recognize a telephone answering device on

 309-9   the called person's line; and

309-10                     (B)  terminate the call within one minute.

309-11   (V.A.C.S. Art. 1446c-0, Sec.  3.653(a) (part).)

309-12         Sec. 55.129.  PERMIT REQUIRED.  A person may not use an

309-13   automated dial announcing device to make a telephone call in which

309-14   the device plays a recorded message when the connection is

309-15   completed unless the person has a permit under Section 55.130.

309-16   (V.A.C.S. Art. 1446c-0, Sec. 3.653(a) (part).)

309-17         Sec. 55.130.  PERMIT.  (a)  A person may not use an automated

309-18   dial announcing device without a permit issued by the commission.

309-19         (b)  An applicant for an original permit must submit to the

309-20   commission an application on a form that:

309-21               (1)  is prescribed by the commission; and

309-22               (2)  contains:

309-23                     (A)  the telephone number of each automated dial

309-24   announcing device that the person will use; and

309-25                     (B)  the physical address from which each

309-26   automated dial announcing device will operate.

309-27         (c)  An original permit is valid for one year and may be

 310-1   renewed annually by filing with the commission the information

 310-2   required by Subsection (b)(2).

 310-3         (d)  An application for an original permit or a filing

 310-4   required for the renewal of the permit must be accompanied by the

 310-5   appropriate fee prescribed by Section 55.131.

 310-6         (e)  In determining whether to deny an application for an

 310-7   original permit or renewal of the permit, the commission shall

 310-8   consider the compliance record of the owner or operator of the

 310-9   automated dial announcing device and may deny the application based

310-10   on that record.  (V.A.C.S. Art. 1446c-0, Secs. 3.655(a) (part), (b)

310-11   (part), (c).)

310-12         Sec. 55.131.  PERMIT FEE.  (a)  The commission shall

310-13   prescribe a fee for an original permit or renewal of a permit.

310-14         (b)  The amount of the original permit fee must be reasonable

310-15   and cover the enforcement cost to the commission but may not exceed

310-16   $500.

310-17         (c)  The fee for renewal of a permit may not exceed $100.

310-18   (V.A.C.S. Art. 1446c-0, Sec. 3.655(a) (part).)

310-19         Sec. 55.132.  NOTIFICATION OF CHANGE.  (a)  The owner or

310-20   operator of an automated dial announcing device shall notify the

310-21   commission if the telephone number of the device or the physical

310-22   address from which the device operates changes.

310-23         (b)  The owner or operator shall give the notice by certified

310-24   mail not later than the 48th hour before the hour the device begins

310-25   operating with the new telephone number or at the new address.

310-26         (c)  If the owner or operator of a device fails to give

310-27   notice as required by Subsection (b), the person's permit is

 311-1   invalid.  (V.A.C.S. Art. 1446c-0, Sec. 3.655(b) (part).)

 311-2         Sec. 55.133.  NOTIFICATION OF LOCAL EXCHANGE COMPANY.  The

 311-3   commission shall provide to a local exchange company on request a

 311-4   copy of a permit issued under this subchapter and of any change

 311-5   relating to the permit.  (V.A.C.S. Art. 1446c-0, Sec. 3.655(d).)

 311-6         Sec. 55.134.  COMPLAINTS AND ENFORCEMENT.  (a)  The

 311-7   commission shall:

 311-8               (1)  investigate complaints relating to the use of an

 311-9   automated dial announcing device; and

311-10               (2)  enforce this subchapter.

311-11         (b)  A local exchange company that receives a complaint

311-12   relating to the use of an automated dial announcing device shall

311-13   send the complaint to the commission.  The commission by rule shall

311-14   prescribe the procedures and requirements for sending a complaint

311-15   to the commission.  (V.A.C.S.  Art. 1446c-0, Secs. 3.654(a),

311-16   3.655(e).)

311-17         Sec. 55.135.  REVOCATION OF PERMIT.  The commission may

311-18   revoke a person's permit if the person fails to comply with this

311-19   subchapter.  (V.A.C.S. Art. 1446c-0, Sec. 3.657(a).)

311-20         Sec. 55.136.  DISCONNECTION OF SERVICE.  (a)  If the

311-21   commission or a court determines that a person has violated this

311-22   subchapter, the commission or court shall require a

311-23   telecommunications utility to disconnect service to the person.

311-24         (b)  The telecommunications utility may reconnect service to

311-25   the person only on a determination by the commission that the

311-26   person will comply with this subchapter.

311-27         (c)  Not later than the third day before the date of the

 312-1   disconnection, the telecommunications utility shall give notice to

 312-2   the person using the device of its intent to disconnect service.

 312-3   However, if the device is causing network congestion or blockage,

 312-4   the notice may be given on the day before the date of

 312-5   disconnection.

 312-6         (d)  A telecommunications utility, without an order by the

 312-7   commission or a court, may disconnect or refuse to connect service

 312-8   to a person using or intending to use an automated dial announcing

 312-9   device if the utility determines that the device would cause or is

312-10   causing network harm.  (V.A.C.S. Art. 1446c-0, Secs. 3.654(b),

312-11   (c).)

312-12         Sec. 55.137.  ADMINISTRATIVE PENALTY.  (a)  The commission

312-13   may impose an administrative penalty against a person who owns or

312-14   operates an automated dial announcing device in violation of this

312-15   subchapter or a commission rule or order.

312-16         (b)  The penalty for a violation may be in an amount not to

312-17   exceed $1,000 for each day or portion of a day during which the

312-18   device operates in violation of this subchapter or a commission

312-19   rule or order.

312-20         (c)  The administrative penalty is civil in nature and is in

312-21   addition to any other penalty provided by law.

312-22         (d)  The commission by rule shall prescribe the procedures

312-23   for assessing an administrative penalty under this section.  The

312-24   procedures must require proper notice and hearing in accordance

312-25   with Chapter 2001, Government Code.

312-26         (e)  A person may appeal the final order of the commission

312-27   under Chapter 2001, Government Code.  The substantial evidence rule

 313-1   applies on appeal.  (V.A.C.S. Art. 1446c-0, Secs. 3.656(a), (b),

 313-2   (c), (d).)

 313-3         Sec. 55.138.  CRIMINAL PENALTY.  (a)  A person commits an

 313-4   offense if the person owns or operates an automated dial announcing

 313-5   device that the person knows is operating in violation of this

 313-6   subchapter.

 313-7         (b)  An offense under this section is a Class A misdemeanor.

 313-8   (V.A.C.S. Art. 1446c-0, Sec. 3.657(b).)

 313-9             (Sections 55.139-55.150 reserved for expansion)

313-10                  SUBCHAPTER G.  TELEPHONE SOLICITATION

313-11         Sec. 55.151.  COMPLIANCE WITH REQUEST NOT TO BE CALLED.  (a)

313-12   A telephone solicitor operating in this state who makes a consumer

313-13   telephone call subject to Section 37.02, Business & Commerce Code,

313-14   shall implement in-house systems and procedures so that every

313-15   effort is made by the solicitor not to call consumers who ask not

313-16   to be called again by the solicitor.

313-17         (b)  The commission may enforce this section.  (V.A.C.S.

313-18   Art. 1446c-0, Sec.  3.659.)

313-19         Sec. 55.152.  NOTICE TO CONSUMERS.  The commission by rule

313-20   shall require a local exchange company or telephone cooperative to:

313-21               (1)  notify its customers of the provisions of:

313-22                     (A)  Chapter 37, Business & Commerce Code; and

313-23                     (B)  Section 55.151; and

313-24               (2)  provide the notice by:

313-25                     (A)  inserting the notice annually in the billing

313-26   statement mailed to a customer; or

313-27                     (B)  publishing the notice in the consumer

 314-1   information pages of its local telephone directory.  (V.A.C.S.

 314-2   Art. 1446c-0, Sec.  3.660.)

 314-3             (Sections 55.153-55.170 reserved for expansion)

 314-4                      SUBCHAPTER H.  PAY TELEPHONES

 314-5         Sec. 55.171.  DEFINITION.  In this subchapter, "provider"

 314-6   means an entity that provides pay telephone service, including:

 314-7               (1)  an incumbent local exchange company; and

 314-8               (2)  a subscriber to a customer-owned pay telephone

 314-9   service.  (V.A.C.S. Art. 1446c-0, Sec. 3.2625(i).)

314-10         Sec. 55.172.  LIMITATION.  This subchapter prescribes the

314-11   limits of:

314-12               (1)  the right of a provider to set the provider's

314-13   rates and charges for pay telephone services; and

314-14               (2)  the commission's authority over the pay telephone

314-15   service rates of an incumbent local exchange company.  (V.A.C.S.

314-16   Art. 1446c-0, Sec. 3.2625(a).)

314-17         Sec. 55.173.  REGISTRATION.  (a)  A person may not provide

314-18   pay telephone service in this state unless the person is registered

314-19   with the commission.

314-20         (b)  This section does not apply to a provider who holds a

314-21   certificate of convenience and necessity.  (V.A.C.S. Art. 1446c-0,

314-22   Sec.  3.2625(f).)

314-23         Sec. 55.174.  PROHIBITION ON CHARGE FOR CERTAIN CALLS.  A

314-24   provider may not charge a person making a call on a pay telephone

314-25   for:

314-26               (1)  local directory assistance; or

314-27               (2)  a call made under Chapter 771 or 772, Health and

 315-1   Safety Code. (V.A.C.S. Art. 1446c-0, Sec. 3.2625(b).)

 315-2         Sec. 55.175.  CHARGE FOR LOCAL CALLS.  (a)  The commission

 315-3   shall establish the limit on the amount a provider may charge for a

 315-4   pay telephone coin sent-paid call in the local exchange company's

 315-5   toll-free calling area.

 315-6         (b)  The commission may establish a statewide ceiling on the

 315-7   amount a provider may charge for a local pay telephone call that

 315-8   is:

 315-9               (1)  collect;

315-10               (2)  operator assisted; or

315-11               (3)  paid by credit card or calling card.

315-12         (c)  The commission may not establish the ceiling under

315-13   Subsection (b) at an amount that is less than the applicable local

315-14   rates for such a call imposed by any of the four largest

315-15   interexchange telecommunications carriers operating in this state.

315-16   (V.A.C.S. Art. 1446c-0, Sec. 3.2625(c).)

315-17         Sec. 55.176.  CHARGE FOR 800-TYPE CALLS.  (a)  A provider may

315-18   charge at a pay telephone a fee of not more than 25 cents for

315-19   initiating an 800-type call.

315-20         (b)  A provider may impose the fee only if:

315-21               (1)  the pay telephone is registered with the

315-22   commission; and

315-23               (2)  the provider certifies that the pay telephone

315-24   complies with commission rules regarding the provision of pay

315-25   telephone service.

315-26         (c)  Subsection (b) does not apply to a local exchange

315-27   company pay telephone.

 316-1         (d)  A provider may not impose the fee if imposition is

 316-2   inconsistent with federal law.

 316-3         (e)  A provider may not impose the fee for a:

 316-4               (1)  local call;

 316-5               (2)  911 call;

 316-6               (3)  local directory assistance call; or

 316-7               (4)  call that is covered by the Telephone Operator

 316-8   Consumer Services Improvement Act of 1990 (47 U.S.C. Section 226).

 316-9         (f)  A  provider who imposes the fee must post on each pay

316-10   telephone notice that the fee will be charged.  The provider must

316-11   post the notice:

316-12               (1)  in plain sight of the user; and

316-13               (2)  in a manner consistent with existing commission

316-14   requirements for posting information.

316-15         (g)  The commission may not impose on a local exchange

316-16   company the duty or obligation to:

316-17               (1)  record the use of pay telephone service;

316-18               (2)  bill or collect for the use of the pay telephone;

316-19   or

316-20               (3)  remit to the provider the fee authorized by this

316-21   section. (V.A.C.S. Art. 1446c-0, Sec. 3.2625(d).)

316-22         Sec. 55.177.  CHARGE FOR CREDIT CARD, CALLING CARD, OR

316-23   OPERATOR-ASSISTED CALLS.  (a)  A provider may not impose for a

316-24   credit card, calling card, or live or automated operator-assisted

316-25   call a rate or charge that is greater than the authorized rates and

316-26   charges published on March 18, 1995, in the eight newspapers having

316-27   the largest circulation in this state.

 317-1         (b)  The published rates may not be changed.

 317-2         (c)  This section does not apply to a local exchange company.

 317-3   Chapter 58 governs the pay telephone rates of an incumbent local

 317-4   exchange company that elects incentive regulation under that

 317-5   chapter.  (V.A.C.S. Art. 1446c-0, Sec. 3.2625(e).)

 317-6         Sec. 55.178.  NOTICE OF INABILITY TO RECEIVE CALLS.  (a)  A

 317-7   provider may not display the telephone number of a pay telephone

 317-8   that cannot receive telephone calls.

 317-9         (b)  A provider shall place in a conspicuous location on each

317-10   pay telephone that cannot receive telephone calls a notice stating

317-11   in letters one-fourth inch high:  "THIS TELEPHONE CANNOT RECEIVE

317-12   TELEPHONE CALLS."

317-13         (c)  A provider that violates this section or a rule or order

317-14   adopted by the commission under this section is subject to a civil

317-15   penalty as provided by Section 15.028 unless the provider takes

317-16   corrective action to comply with this section or the rule or order

317-17   not later than the 14th day after the date the provider receives

317-18   written notice of the violation.

317-19         (d)  The commission has jurisdiction over a provider to the

317-20   extent necessary to enforce this section regardless of whether a

317-21   provider is a telecommunications utility regulated under this

317-22   title.

317-23         (e)  The commission may establish procedures to enforce this

317-24   section.  (V.A.C.S. Art. 1446c-0, Sec. 3.305.)

317-25         Sec. 55.179.  INFORMATION REQUIREMENTS.  (a)  The commission

317-26   by rule may prescribe the information that must be posted on a pay

317-27   telephone.

 318-1         (b)  A commission rule may not require a provider or an

 318-2   affiliate of a provider to police compliance by another provider

 318-3   with the commission's rules. (V.A.C.S. Art. 1446c-0, Sec.

 318-4   3.2625(h).)

 318-5         Sec. 55.180.  VIOLATIONS.  The commission may order the

 318-6   disconnection of pay telephone service for not more than one year

 318-7   for repeat violations of commission rules. (V.A.C.S. Art. 1446c-0,

 318-8   Sec.  3.2625(g).)

 318-9             (Sections 55.181-55.200 reserved for expansion)

318-10            SUBCHAPTER I.  DIRECTORY LISTINGS AND ASSISTANCE

318-11         Sec. 55.201.  TERMS OF DIRECTORY LISTINGS AND ASSISTANCE.

318-12   (a)  Each company that provides local exchange telephone service in

318-13   overlapping certificated areas shall negotiate the terms of printed

318-14   directory listings and directory assistance in those areas.

318-15         (b)  On complaint by the incumbent local exchange company or

318-16   the holder of a certificate of convenience and necessity, a

318-17   certificate of operating authority, or a service provider

318-18   certificate of operating authority, the commission may:

318-19               (1)  resolve a dispute between the parties; and

318-20               (2)  issue an order setting the terms of the directory

318-21   listings or directory assistance, if necessary.

318-22         (c)  This section does not affect the authority of an

318-23   incumbent local exchange company to voluntarily conduct

318-24   negotiations with an applicant for a certificate of convenience and

318-25   necessity, a certificate of operating authority, or a service

318-26   provider certificate of operating authority.  (V.A.C.S.

318-27   Art. 1446c-0, Sec.  3.2615.)

 319-1         Sec. 55.202.  DIRECTORY PUBLISHED BY TELECOMMUNICATIONS

 319-2   UTILITY.  A telecommunications utility or an affiliate of that

 319-3   utility that publishes a residential or business telephone

 319-4   directory that is distributed to the public shall publish in the

 319-5   directory the name of each state senator or representative who

 319-6   represents all or part of the geographical area for which the

 319-7   directory contains listings.  (V.A.C.S. Art. 1446c-0, Sec.  3.310.)

 319-8         Sec. 55.203.  DIRECTORY PUBLISHED BY PRIVATE PUBLISHER.  (a)

 319-9   A private for-profit publisher of a residential telephone directory

319-10   that is distributed to the public at minimal or no cost shall

319-11   include in the directory a listing of any toll-free and local

319-12   telephone numbers of:

319-13               (1)  state agencies;

319-14               (2)  state public services; and

319-15               (3)  each state elected official who represents all or

319-16   part of the geographical area for which the directory contains

319-17   listings.

319-18         (b)  The listing required by this section:

319-19               (1)  must be:

319-20                     (A)  clearly identified; and

319-21                     (B)  located or clearly referenced at the front

319-22   of the directory before the main listing of residential and

319-23   business telephone numbers; and

319-24               (2)  is not required to exceed a length equivalent to

319-25   two 8-1/2-inch by 11-inch pages, single-spaced in eight-point type.

319-26         (c)  The commission by rule may specify:

319-27               (1)  the format of the listing; and

 320-1               (2)  criteria for inclusion of agencies, services, and

 320-2   officials.

 320-3         (d)  The commission, with the cooperation of other state

 320-4   agencies, shall:

 320-5               (1)  compile relevant information to ensure accuracy of

 320-6   information in the listing; and

 320-7               (2)  provide the information to a telecommunications

 320-8   utility or telephone directory publisher within a reasonable time

 320-9   after a request by the utility or publisher.  (V.A.C.S.

320-10   Art. 1446c-0, Sec.  3.309.)

320-11             (Sections 55.204-55.250 reserved for expansion)

320-12     SUBCHAPTER J.  TELECOMMUNICATIONS SERVICE BY CERTAIN PROVIDERS

320-13         Sec. 55.251.  CHARGE FOR HOTEL OR MOTEL CALL.  A hotel or

320-14   motel may not charge more than 50 cents for:

320-15               (1)  a local telephone call;

320-16               (2)  a credit card telephone call;

320-17               (3)  a collect telephone call; or

320-18               (4)  any other local telephone call for which

320-19   assistance from the hotel or motel operator is not required.

320-20   (V.A.C.S. Art. 1446c-0, Sec. 3.306.)

320-21         Sec. 55.252.  900 SERVICE USED BY PROBATIONERS OR PAROLEES.

320-22   (a) This section applies only to a telecommunications utility that

320-23   transports or provides an intrastate 900 service that is:

320-24               (1)  covered by a contract authorized by Chapter 76,

320-25   Government Code, or Section 28, Article 42.18, Code of Criminal

320-26   Procedure; and

320-27               (2)  used by a defendant under the supervision of a

 321-1   community supervision and corrections department or the pardons and

 321-2   paroles division of the Texas Department of Criminal Justice to:

 321-3                     (A)  pay a fee or cost; or

 321-4                     (B)  comply with telephone reporting

 321-5   requirements.

 321-6         (b)  A telecommunications utility may adjust or authorize the

 321-7   adjustment of an end-user's bill for 900 service described by

 321-8   Subsection (a) only with the consent of the contracting community

 321-9   supervision and corrections department or the contracting pardons

321-10   and paroles division of the Texas Department of Criminal Justice.

321-11   (V.A.C.S. Art. 1446c-0, Sec. 3.307.)

321-12               CHAPTER 56.  TELECOMMUNICATIONS ASSISTANCE

321-13                       AND UNIVERSAL SERVICE FUND

321-14                    SUBCHAPTER A.  GENERAL PROVISIONS

321-15   Sec. 56.001.  DEFINITION 

321-16   Sec. 56.002.  CONFLICT OF PROVISIONS 

321-17             (Sections 56.003-56.020 reserved for expansion)

321-18                  SUBCHAPTER B.  UNIVERSAL SERVICE FUND

321-19   Sec. 56.021.  UNIVERSAL SERVICE FUND ESTABLISHED 

321-20   Sec. 56.022.  UNIFORM CHARGE 

321-21   Sec. 56.023.  COMMISSION POWERS AND DUTIES 

321-22   Sec. 56.024.  REPORTS; CONFIDENTIALITY 

321-23   Sec. 56.025.  MAINTENANCE OF RATES AND EXPANSION OF FUND

321-24                   FOR CERTAIN COMPANIES 

321-25   Sec. 56.026.  UNIVERSAL SERVICE FUND DISBURSEMENTS 

321-26             (Sections 56.027-56.070 reserved for expansion)

321-27              SUBCHAPTER C.  TEL-ASSISTANCE SERVICE PROGRAM

 322-1   Sec. 56.071.  TEL-ASSISTANCE SERVICE REQUIREMENTS 

 322-2   Sec. 56.072.  CONSUMER ELIGIBILITY AND APPLICATION 

 322-3   Sec. 56.073.  ELIGIBLE CONSUMERS 

 322-4   Sec. 56.074.  PROGRAM BILLING 

 322-5   Sec. 56.075.  SERVICES ELIGIBLE; LIMIT 

 322-6   Sec. 56.076.  SERVICES PROHIBITED 

 322-7   Sec. 56.077.  ADAPTIVE EQUIPMENT 

 322-8   Sec. 56.078.  RECOVERY OF LOST REVENUE 

 322-9             (Sections 56.079-56.100 reserved for expansion)

322-10            SUBCHAPTER D.  STATEWIDE TELECOMMUNICATIONS RELAY

322-11                             ACCESS SERVICE

322-12   Sec. 56.101.  PURPOSE 

322-13   Sec. 56.102.  TELECOMMUNICATIONS RELAY ACCESS SERVICE 

322-14   Sec. 56.103.  TELECOMMUNICATIONS RELAY ACCESS SERVICE

322-15                   REQUIREMENTS 

322-16   Sec. 56.104.  TELECOMMUNICATIONS RELAY ACCESS SERVICE

322-17                   CHARGES 

322-18   Sec. 56.105.  TRIAL SERVICE COSTS AND DESIGN INFORMATION 

322-19   Sec. 56.106.  TELECOMMUNICATIONS RELAY ACCESS SERVICE

322-20                   ASSESSMENTS 

322-21   Sec. 56.107.  UNIVERSAL SERVICE FUND SURCHARGE 

322-22   Sec. 56.108.  SELECTION OF TELECOMMUNICATIONS RELAY ACCESS

322-23                   SERVICE CARRIER 

322-24   Sec. 56.109.  COMPENSATION OF CARRIER 

322-25   Sec. 56.110.  ADVISORY COMMITTEE 

322-26   Sec. 56.111.  ADVISORY COMMITTEE DUTIES 

322-27   Sec. 56.112.  ADVISORY COMMITTEE SUPPORT AND COSTS 

 323-1               CHAPTER 56.  TELECOMMUNICATIONS ASSISTANCE

 323-2                       AND UNIVERSAL SERVICE FUND

 323-3                    SUBCHAPTER A.  GENERAL PROVISIONS

 323-4         Sec. 56.001.  DEFINITION.  In this chapter, "department"

 323-5   means the Texas Department of Human Services.  (New.)

 323-6         Sec. 56.002.  CONFLICT OF PROVISIONS.  If this chapter

 323-7   conflicts with another provision of this title, this chapter

 323-8   prevails.  (V.A.C.S. Art. 1446c-0, Sec. 3.610.)

 323-9             (Sections 56.003-56.020 reserved for expansion)

323-10                  SUBCHAPTER B.  UNIVERSAL SERVICE FUND

323-11         Sec. 56.021.  UNIVERSAL SERVICE FUND ESTABLISHED.  The

323-12   commission shall adopt and enforce rules requiring local exchange

323-13   companies to establish a universal service fund to:

323-14               (1)  assist local exchange companies in providing basic

323-15   local telecommunications service at reasonable rates in high cost

323-16   rural areas;

323-17               (2)  reimburse local exchange companies for revenue

323-18   lost by providing tel-assistance service under Subchapter C;

323-19               (3)  reimburse the telecommunications carrier that

323-20   provides the statewide telecommunications relay access service

323-21   under Subchapter D; and

323-22               (4)  reimburse the department and the commission for

323-23   costs incurred in implementing this chapter and Chapter 57.

323-24   (V.A.C.S. Art. 1446c-0, Sec. 3.608(a).)

323-25         Sec. 56.022.  UNIFORM CHARGE.  (a)  The universal service

323-26   fund is funded by a statewide uniform charge payable by each

323-27   telecommunications provider that has access to the customer base.

 324-1         (b)  A telecommunications provider shall pay the charge in

 324-2   accordance with procedures approved by the commission.

 324-3         (c)  The uniform charge is on services and at rates the

 324-4   commission determines.  In establishing the charge and the services

 324-5   to which the charge will apply, the commission may not:

 324-6               (1)  grant an unreasonable preference or advantage to a

 324-7   telecommunications provider; or

 324-8               (2)  subject a telecommunications provider to

 324-9   unreasonable prejudice or disadvantage.  (V.A.C.S. Art. 1446c-0,

324-10   Sec. 3.608(c).)

324-11         Sec. 56.023.  COMMISSION POWERS AND DUTIES.  (a)  The

324-12   commission shall:

324-13               (1)  in a manner that assures reasonable rates for

324-14   basic local telecommunications service, adopt eligibility criteria

324-15   and review procedures, including a method for administrative

324-16   review, the commission finds necessary to fund the universal

324-17   service fund and make distributions from that fund;

324-18               (2)  determine which local exchange companies meet the

324-19   eligibility criteria;

324-20               (3)  determine the amount of and approve a procedure

324-21   for reimbursement to local exchange companies of revenue lost in

324-22   providing tel-assistance service under Subchapter C;

324-23               (4)  establish and collect fees from the universal

324-24   service fund necessary to recover the costs the department and the

324-25   commission incur in administering this chapter and Chapter 57; and

324-26               (5)  approve procedures for the collection and

324-27   disbursal of the revenue of the universal service fund.

 325-1         (b)  The eligibility criteria must require that a local

 325-2   exchange company, in compliance with the commission's quality of

 325-3   service requirements:

 325-4               (1)  offer service to each consumer within the

 325-5   company's certificated area; and

 325-6               (2)  render continuous and adequate service within the

 325-7   company's certificated area.

 325-8         (c)  The commission shall adopt rules for the administration

 325-9   of the universal service fund and may act as necessary and

325-10   convenient to administer the fund.  (V.A.C.S. Art. 1446c-0, Secs.

325-11   3.608(d), (e), (f) (part).)

325-12         Sec. 56.024.  REPORTS; CONFIDENTIALITY.  (a)  The commission

325-13   may require a local exchange company or another telecommunications

325-14   provider to provide a report or information necessary to assess

325-15   contributions to the universal service fund.

325-16         (b)  A report or information is confidential and not subject

325-17   to disclosure under Chapter 552, Government Code.  (V.A.C.S.

325-18   Art. 1446c-0, Sec. 3.608(f) (part).)

325-19         Sec. 56.025.  MAINTENANCE OF RATES AND EXPANSION OF FUND FOR

325-20   CERTAIN COMPANIES.  (a)  In addition to the authority provided by

325-21   Section 56.021, for each local exchange company that serves fewer

325-22   than five million access lines, the commission:

325-23               (1)  may adopt a mechanism necessary to maintain

325-24   reasonable rates for local exchange telephone service; and

325-25               (2)  shall adopt rules to expand the universal service

325-26   fund in the circumstances prescribed by this section.

325-27         (b)  The commission shall implement a mechanism through the

 326-1   universal service fund to replace the reasonably projected

 326-2   reduction in high cost assistance revenue caused by a commission

 326-3   order, rule, or policy.  This subsection does not apply to an order

 326-4   entered in a proceeding related to an individual company's revenue

 326-5   requirements.

 326-6         (c)  The commission shall implement a mechanism to replace

 326-7   the reasonably projected change in revenue caused by a Federal

 326-8   Communications Commission order, rule, or policy that changes:

 326-9               (1)  the federal universal service fund revenue of a

326-10   local exchange company; or

326-11               (2)  costs or revenue assigned to the intrastate

326-12   jurisdiction.

326-13         (d)  The commission shall implement a mechanism to replace

326-14   the reasonably projected reduction in contribution caused by a

326-15   change of commission policy regarding intraLATA "1-plus" dialing

326-16   access.  In this subsection, "contribution" means the average

326-17   intraLATA long distance message telecommunications service revenue

326-18   per minute, including intraLATA toll pooling and associated

326-19   impacts, less the average message telecommunications service cost

326-20   per minute less the average contribution from switched access

326-21   multiplied by the projected change in intraLATA "1-plus" minutes of

326-22   use.

326-23         (e)  The commission shall implement a mechanism to replace

326-24   the reasonably projected increase in costs or decrease in revenue

326-25   of the intrastate jurisdiction caused by another governmental

326-26   agency's order, rule, or policy.

326-27         (f)  A mechanism implemented under Subsection (c), (d), or

 327-1   (e) must be through:

 327-2               (1)  an increase in rates, if the increase would not

 327-3   adversely affect universal service; or

 327-4               (2)  the universal service fund.  (V.A.C.S.

 327-5   Art. 1446c-0, Secs.  3.608(b)(1), (2), (3), (4), (5).)

 327-6         Sec. 56.026.  UNIVERSAL SERVICE FUND DISBURSEMENTS.  (a)  A

 327-7   revenue requirement showing is not required for a disbursement from

 327-8   the universal service fund under this subchapter.

 327-9         (b)  The commission shall make each disbursement from the

327-10   universal service fund promptly and efficiently so that a

327-11   telecommunications provider or local exchange company does not

327-12   experience an unnecessary cash-flow change as a result of a change

327-13   in governmental policy.  (V.A.C.S. Art. 1446c-0, Sec. 3.608(b)(6).)

327-14             (Sections 56.027-56.070 reserved for expansion)

327-15              SUBCHAPTER C.  TEL-ASSISTANCE SERVICE PROGRAM

327-16         Sec. 56.071.  TEL-ASSISTANCE SERVICE REQUIREMENTS.  (a)  The

327-17   commission shall adopt and enforce rules requiring a local exchange

327-18   company to establish a telecommunications service assistance

327-19   program to provide a reduction in the cost of telecommunications

327-20   service to each eligible consumer in the company's certificated

327-21   area. The reduction must be a reduction on the consumer's telephone

327-22   bill.

327-23         (b)  Except as provided by Section 56.075(b), the reduction

327-24   allowed by the program is 65 percent of the applicable tariff rate

327-25   for the service provided.

327-26         (c)  The program is named "tel-assistance service."

327-27   (V.A.C.S. Art. 1446c-0, Secs. 3.601, 3.603(a) (part), (c).)

 328-1         Sec. 56.072.  CONSUMER ELIGIBILITY AND APPLICATION.  (a)  The

 328-2   department shall develop procedures for taking an application for

 328-3   certification of eligibility for the tel-assistance service program

 328-4   and for determining eligibility for that program.

 328-5         (b)  To be eligible for the tel-assistance service program,

 328-6   an applicant must:

 328-7               (1)  be a head of household and disabled, as determined

 328-8   by the department; and

 328-9               (2)  have a household income at or below the poverty

328-10   level, as determined by the United States Office of Management and

328-11   Budget and reported annually in the Federal Register.

328-12         (c)  The burden of proving eligibility for the tel-assistance

328-13   service program is on the consumer applying for the program.

328-14   (V.A.C.S. Art. 1446c-0, Sec. 3.602(a).)

328-15         Sec. 56.073.  ELIGIBLE CONSUMERS.  (a)  Each six months, the

328-16   department shall provide to each local exchange company a list of

328-17   all persons eligible for the tel-assistance service program that

328-18   includes each person's:

328-19               (1)  name;

328-20               (2)  address; and

328-21               (3)  if applicable, telephone number.

328-22         (b)  From the list of eligible persons, a local exchange

328-23   company shall identify the consumers to whom the company provides

328-24   service who are eligible for the program.  (V.A.C.S. Art. 1446c-0,

328-25   Sec. 3.602(b) (part).)

328-26         Sec. 56.074.  PROGRAM BILLING.  (a)  A local exchange company

328-27   shall begin tel-assistance service program billing for an eligible

 329-1   consumer not later than the 60th day after the date the company

 329-2   receives the list the department provides under Section 56.073(a).

 329-3         (b)  The local exchange company shall continue tel-assistance

 329-4   service program billing for a consumer until the department

 329-5   notifies the company that the consumer is not eligible for the

 329-6   program.  (V.A.C.S. Art. 1446c-0, Sec. 3.602(b) (part).)

 329-7         Sec. 56.075.  SERVICES ELIGIBLE; LIMIT.  (a)  The reduction

 329-8   provided under the tel-assistance service program applies only to:

 329-9               (1)  residential flat rate basic local exchange

329-10   service;

329-11               (2)  residential local exchange access service; and

329-12               (3)  residential local area calling.

329-13         (b)  The reduction for local area calling is limited to an

329-14   amount such that together with the reduction for local exchange

329-15   access service the rate does not exceed the comparable reduced flat

329-16   rate for the service.  (V.A.C.S. Art. 1446c-0, Sec. 3.603(a)

329-17   (part).)

329-18         Sec. 56.076.  SERVICES PROHIBITED.  (a)  A local exchange

329-19   company may not provide to the dwelling of a consumer participating

329-20   in the tel-assistance service program a local voice service other

329-21   than a service described by Section 56.075.

329-22         (b)  A local exchange company may not provide a consumer

329-23   participating in the tel-assistance service program with:

329-24               (1)  single or party line optional extended area

329-25   service;

329-26               (2)  optional extended area calling service;

329-27               (3)  foreign zone service; or

 330-1               (4)  foreign exchange service.  (V.A.C.S. Art. 1446c-0,

 330-2   Sec. 3.603(b) (part).)

 330-3         Sec. 56.077.  ADAPTIVE EQUIPMENT.  This subchapter does not

 330-4   prohibit a person who is eligible for the tel-assistance service

 330-5   program from obtaining or using telecommunications equipment

 330-6   designed to help a person use a telecommunications service.

 330-7   (V.A.C.S. Art. 1446c-0, Sec. 3.603(b) (part).)

 330-8         Sec. 56.078.  RECOVERY OF LOST REVENUE.  A local exchange

 330-9   company is entitled to recover from the universal service fund any

330-10   loss of revenue that results solely from the provision of

330-11   tel-assistance service.  (V.A.C.S. Art. 1446c-0, Sec. 3.607.)

330-12             (Sections 56.079-56.100 reserved for expansion)

330-13            SUBCHAPTER D.  STATEWIDE TELECOMMUNICATIONS RELAY

330-14                             ACCESS SERVICE

330-15         Sec. 56.101.  PURPOSE.  The purpose of this subchapter is to

330-16   provide for the uniform and coordinated provision by one

330-17   telecommunications carrier of a statewide telecommunications relay

330-18   access service for persons with an impairment of hearing or speech.

330-19   (V.A.C.S. Art. 1446c-0, Sec. 3.604(a) (part).)

330-20         Sec. 56.102.  TELECOMMUNICATIONS RELAY ACCESS SERVICE.  (a)

330-21   The commission shall adopt and enforce rules establishing a

330-22   statewide telecommunications relay access service for the use of a

330-23   person with an impairment of hearing or speech.

330-24         (b)  The commission rules shall provide that the service

330-25   must:

330-26               (1)  use specialized communications equipment, such as

330-27   a telecommunications device for the deaf, and operator

 331-1   translations; and

 331-2               (2)  meet the criteria provided by Sections 56.103,

 331-3   56.104, and 56.105.  (V.A.C.S. Art. 1446c-0, Secs. 3.604(a) (part),

 331-4   (b) (part).)

 331-5         Sec. 56.103.  TELECOMMUNICATIONS RELAY ACCESS SERVICE

 331-6   REQUIREMENTS.  (a)  The telecommunications relay access service

 331-7   shall provide a person with an impairment of hearing or speech with

 331-8   access to the telecommunications network in this state equivalent

 331-9   to the access provided other customers.

331-10         (b)  The service consists of:

331-11               (1)  switching and transmission of the call;

331-12               (2)  live or automated verbal and print translations of

331-13   communications between a person with an impairment of hearing or

331-14   speech who uses a telecommunications device for the deaf or a

331-15   similar automated device and a person who does not have such

331-16   equipment; and

331-17               (3)  other service enhancements proposed by the carrier

331-18   and approved by the commission.  (V.A.C.S. Art. 1446c-0, Sec.

331-19   3.604(b) (part).)

331-20         Sec. 56.104.  TELECOMMUNICATIONS RELAY ACCESS SERVICE

331-21   CHARGES.  (a)  For a call made using the telecommunications relay

331-22   access service, the person calling or called:

331-23               (1)  may not be charged for a call that originates and

331-24   terminates in the same local calling area; and

331-25               (2)  shall pay one-half of the total charges

331-26   established by contract with the commission for intrastate

331-27   interexchange calls.

 332-1         (b)  Charges related to providing the service that, under

 332-2   Subsection (a), are not charged to a person calling or called shall

 332-3   be funded from the universal service fund, as specified by the

 332-4   service provider's contract with the commission.

 332-5         (c)  A local exchange company may not impose an interexchange

 332-6   carrier access charge on a call using the service that originates

 332-7   and terminates in the same local calling area.

 332-8         (d)  A local exchange company shall provide billing and

 332-9   collection services for the service at just and reasonable rates.

332-10   (V.A.C.S. Art. 1446c-0, Sec. 3.604(b) (part).)

332-11         Sec. 56.105.  TRIAL SERVICE COSTS AND DESIGN INFORMATION.  If

332-12   the commission orders a local exchange company to provide for a

332-13   trial telecommunications relay access service for persons with an

332-14   impairment of hearing or speech, all pertinent costs and design

332-15   information from the trial must be made available to the public.

332-16   (V.A.C.S. Art. 1446c-0, Sec. 3.604(b) (part).)

332-17         Sec. 56.106.  TELECOMMUNICATIONS RELAY ACCESS SERVICE

332-18   ASSESSMENTS.  (a)  The commission shall set appropriate assessments

332-19   for all telecommunications utilities to fund the telecommunications

332-20   relay access service.

332-21         (b)  In setting an assessment, the commission shall consider:

332-22               (1)  the aggregate calling pattern of service users;

332-23   and

332-24               (2)  any other factor the commission finds appropriate

332-25   and in the public interest.

332-26         (c)  The commission shall:

332-27               (1)  review the assessments annually; and

 333-1               (2)  adjust the assessments as appropriate.  (V.A.C.S.

 333-2   Art. 1446c-0, Sec. 3.604(d).)

 333-3         Sec. 56.107.  UNIVERSAL SERVICE FUND SURCHARGE.  (a)  A

 333-4   telecommunications utility may recover the utility's universal

 333-5   service fund assessment for the telecommunications relay access

 333-6   service through a surcharge added to the utility customers' bills.

 333-7         (b)  The commission shall specify how each telecommunications

 333-8   utility is to determine the amount of the surcharge.

 333-9         (c)  If a telecommunications utility imposes the surcharge,

333-10   the bill shall list the surcharge as the "universal service fund

333-11   surcharge."  (V.A.C.S. Art. 1446c-0, Sec. 3.604(c).)

333-12         Sec. 56.108.  SELECTION OF TELECOMMUNICATIONS RELAY ACCESS

333-13   SERVICE CARRIER.  (a)  The commission shall select one

333-14   telecommunications carrier to provide the statewide

333-15   telecommunications relay access service.

333-16         (b)  The commission shall make a written award of the

333-17   contract to the telecommunications carrier whose proposal is the

333-18   most advantageous to this state, considering:

333-19               (1)  price;

333-20               (2)  the interests of the community of persons with an

333-21   impairment of hearing or speech in having access to a high quality

333-22   and technologically advanced telecommunications system; and

333-23               (3)  any other factor listed in the commission's

333-24   request for proposals.

333-25         (c)  The commission shall consider each proposal in a manner

333-26   that does not disclose the contents of the proposal to a

333-27   telecommunications carrier making a competing proposal.

 334-1         (d)  The commission's evaluation of a telecommunications

 334-2   carrier's proposal shall include the:

 334-3               (1)  charges for the service;

 334-4               (2)  service enhancements proposed by the carrier;

 334-5               (3)  technological sophistication of the network

 334-6   proposed by the carrier; and

 334-7               (4)  date proposed for beginning the service.

 334-8   (V.A.C.S. Art. 1446c-0, Sec. 3.604(e).)

 334-9         Sec. 56.109.  COMPENSATION OF CARRIER.  (a)  The

334-10   telecommunications carrier that provides the telecommunications

334-11   relay access service shall be compensated at rates and on terms

334-12   provided by the carrier's contract with the commission.

334-13         (b)  The compensation may include:

334-14               (1)  a return on the investment required to provide the

334-15   service; and

334-16               (2)  compensation for unbillable or uncollectible calls

334-17   placed through the service.

334-18         (c)  Compensation for unbillable or uncollectible calls is

334-19   subject to a reasonable limitation determined by the commission.

334-20   (V.A.C.S. Art. 1446c-0, Sec. 3.604(f).)

334-21         Sec. 56.110.  ADVISORY COMMITTEE.  (a)  An advisory committee

334-22   to assist the commission in administering this subchapter is

334-23   composed of the following persons appointed by the commission:

334-24               (1)  two deaf persons recommended by the Texas

334-25   Association of the Deaf;

334-26               (2)  one person with a hearing impairment recommended

334-27   by Self-Help for the Hard of Hearing;

 335-1               (3)  one person with a hearing impairment recommended

 335-2   by the American Association of Retired Persons;

 335-3               (4)  one deaf and blind person recommended by the Texas

 335-4   Deaf/Blind Association;

 335-5               (5)  one person with a speech impairment and one person

 335-6   with a speech and hearing impairment recommended by the Coalition

 335-7   of Texans with Disabilities;

 335-8               (6)  two representatives of telecommunications

 335-9   utilities, one representing a nonlocal exchange utility and one

335-10   representing a local exchange company, chosen from a list of

335-11   candidates provided by the Texas Telephone Association;

335-12               (7)  two persons, at least one of whom is deaf, with

335-13   experience in providing relay services recommended by the Texas

335-14   Commission for the Deaf and Hard of Hearing; and

335-15               (8)  two public members recommended by organizations

335-16   representing consumers of telecommunications services.

335-17         (b)  Members of the advisory committee serve two-year terms.

335-18   A member whose term has expired shall continue to serve until a

335-19   qualified replacement is appointed.  (V.A.C.S. Art. 1446c-0, Secs.

335-20   3.604(g), (h) (part).)

335-21         Sec. 56.111.  ADVISORY COMMITTEE DUTIES.  The advisory

335-22   committee shall:

335-23               (1)  monitor the establishment, administration, and

335-24   promotion of the statewide telecommunications relay access service;

335-25   and

335-26               (2)  advise the commission in pursuing a service that

335-27   meets the needs of persons with an impairment of hearing or speech

 336-1   in communicating with other telecommunications services users.

 336-2   (V.A.C.S. Art. 1446c-0, Sec. 3.604(h) (part).)

 336-3         Sec. 56.112.  ADVISORY COMMITTEE SUPPORT AND COSTS.  (a)  The

 336-4   commission shall provide to the advisory committee:

 336-5               (1)  clerical and staff support; and

 336-6               (2)  a secretary to record committee meetings.

 336-7         (b)  The commission's costs associated with the advisory

 336-8   committee shall be reimbursed from the universal service fund.

 336-9   (V.A.C.S. Art. 1446c-0, Sec. 3.604(h) (part).)

336-10       CHAPTER 57.  DISTANCE LEARNING AND OTHER ADVANCED SERVICES

336-11                    SUBCHAPTER A.  GENERAL PROVISIONS

336-12   Sec. 57.001.  CONFLICT OF PROVISIONS 

336-13             (Sections 57.002-57.020 reserved for expansion)

336-14        SUBCHAPTER B.  DISTANCE LEARNING AND INFORMATION SHARING

336-15   Sec. 57.021.  DEFINITIONS 

336-16   Sec. 57.022.  REDUCED RATES FOR DISTANCE LEARNING OR

336-17                   INFORMATION SHARING SERVICES 

336-18   Sec. 57.023.  SERVICE AND RATE REQUIREMENTS 

336-19   Sec. 57.024.  TARIFF FILINGS 

336-20   Sec. 57.025.  CHANGES IN RATE PROGRAM 

336-21             (Sections 57.026-57.040 reserved for expansion)

336-22          SUBCHAPTER C.  TELECOMMUNICATIONS INFRASTRUCTURE FUND

336-23   Sec. 57.041.  FINDINGS AND POLICY 

336-24   Sec. 57.042.  DEFINITIONS 

336-25   Sec. 57.043.  TELECOMMUNICATIONS INFRASTRUCTURE FUND AND

336-26                   ACCOUNTS 

336-27   Sec. 57.044.  TELECOMMUNICATIONS INFRASTRUCTURE FUND BOARD 

 337-1   Sec. 57.045.  POWERS AND DUTIES OF BOARD 

 337-2   Sec. 57.046.  USE OF ACCOUNTS 

 337-3   Sec. 57.047.  GRANT AND LOAN PROGRAM 

 337-4   Sec. 57.048.  ASSESSMENTS AND COLLECTIONS 

 337-5   Sec. 57.049.  ISSUANCE OF WARRANTS 

 337-6   Sec. 57.050.  ASSISTANCE OF OTHER AGENCIES 

 337-7   Sec. 57.051.  SUNSET PROVISION 

 337-8             (Sections 57.052-57.070 reserved for expansion)

 337-9          SUBCHAPTER D.  INTERACTIVE MULTIMEDIA COMMUNICATIONS

337-10   Sec. 57.071.  DEFINITION 

337-11   Sec. 57.072.  RATES FOR INTERACTIVE MULTIMEDIA

337-12                   COMMUNICATIONS 

337-13       CHAPTER 57.  DISTANCE LEARNING AND OTHER ADVANCED SERVICES

337-14                    SUBCHAPTER A.  GENERAL PROVISIONS

337-15         Sec. 57.001.  CONFLICT OF PROVISIONS.  If this chapter

337-16   conflicts with another provision of this title, this chapter

337-17   prevails.  (V.A.C.S. Art. 1446c-0, Sec. 3.610.)

337-18             (Sections 57.002-57.020 reserved for expansion)

337-19        SUBCHAPTER B.  DISTANCE LEARNING AND INFORMATION SHARING

337-20         Sec. 57.021.  DEFINITIONS.  In this subchapter:

337-21               (1)  "Distance learning" means an instruction,

337-22   learning, or training resource, including video, data, voice, or

337-23   electronic information, that is:

337-24                     (A)  used by an educational institution

337-25   predominantly for instruction, learning, or training; and

337-26                     (B)  transmitted from a site to one or more other

337-27   sites by a telecommunications service.

 338-1               (2)  "Educational institution" includes:

 338-2                     (A)  an accredited primary or secondary school;

 338-3                     (B)  an institution of higher education as

 338-4   defined by Section 61.003, Education Code;

 338-5                     (C)  a private institution of higher education

 338-6   accredited by a recognized accrediting agency as defined by Section

 338-7   61.003, Education Code;

 338-8                     (D)  the Texas Education Agency and its

 338-9   successors and assigns;

338-10                     (E)  a regional education service center

338-11   established and operated in accordance with Chapter 8, Education

338-12   Code; or

338-13                     (F)  the Texas Higher Education Coordinating

338-14   Board and its successors and assigns.

338-15               (3)  "Library" means:

338-16                     (A)  a public library or regional library system

338-17   as defined by Section 441.122, Government Code; or

338-18                     (B)  a library operated by an institution of

338-19   higher education or a school district.  (V.A.C.S. Art. 1446c-0,

338-20   Sec. 3.605(h).)

338-21         Sec. 57.022.  REDUCED RATES FOR DISTANCE LEARNING OR

338-22   INFORMATION SHARING SERVICES.  (a)  The commission by rule shall

338-23   require a dominant carrier to file a tariff that includes a reduced

338-24   rate for a telecommunications service the commission finds is

338-25   directly related to:

338-26               (1)  a distance learning activity that is or could be

338-27   conducted by an educational institution in this state; or

 339-1               (2)  an information sharing program that is or could be

 339-2   conducted by a library in this state.

 339-3         (b)  The commission rules shall specify:

 339-4               (1)  each telecommunications service to which

 339-5   Subsection (a) applies;

 339-6               (2)  the process for an educational institution or

 339-7   library to qualify for a reduced rate;

 339-8               (3)  the date by which a dominant carrier is required

 339-9   to file a tariff;

339-10               (4)  guidelines and criteria that require the services

339-11   and reduced rates to further the goals prescribed by Section

339-12   57.023; and

339-13               (5)  any other requirement or term that the commission

339-14   determines to be in the public interest.

339-15         (c)  The commission is not required to determine the long run

339-16   incremental cost of providing a service before approving a reduced

339-17   rate for the service.

339-18         (d)  Until cost determination rules are developed and the

339-19   rates established under this section are changed as necessary to

339-20   ensure proper cost recovery, the reduced rates established by the

339-21   commission shall be equal to 75 percent of the otherwise applicable

339-22   rate.

339-23         (e)  After the commission develops cost determination rules

339-24   for telecommunications services generally, the commission shall

339-25   ensure that a reduced rate approved under this section:

339-26               (1)  recovers service-specific long run incremental

339-27   costs; and

 340-1               (2)  avoids subsidizing an educational institution or a

 340-2   library.  (V.A.C.S.  Art. 1446c-0, Secs. 3.605(a), (b), (e).)

 340-3         Sec. 57.023.  SERVICE AND RATE REQUIREMENTS.  The services

 340-4   and reduced rates must be designed to:

 340-5               (1)  encourage the development and offering of:

 340-6                     (A)  distance learning activities by educational

 340-7   institutions; and

 340-8                     (B)  information sharing programs of libraries;

 340-9               (2)  meet the:

340-10                     (A)  distance learning needs identified by the

340-11   educational community; and

340-12                     (B)  information sharing needs identified by

340-13   libraries; and

340-14               (3)  recover the long run incremental costs of

340-15   providing the services, to the extent those costs can be

340-16   identified, to avoid subsidizing an educational institution or a

340-17   library.  (V.A.C.S. Art. 1446c-0, Sec. 3.605(d).)

340-18         Sec. 57.024.  TARIFF FILINGS.  A tariff filed by a dominant

340-19   carrier under Section 57.022:

340-20               (1)  may concern the implementation of this subchapter

340-21   only;

340-22               (2)  is not a rate change under Subchapter C, Chapter

340-23   53; and

340-24               (3)  does not affect the carrier's other rates or

340-25   services.  (V.A.C.S. Art. 1446c-0, Sec. 3.605(c).)

340-26         Sec. 57.025.  CHANGES IN RATE PROGRAM.  (a)  An educational

340-27   institution, library, or dominant carrier may request the

 341-1   commission to:

 341-2               (1)  provide for a reduced rate for a service that:

 341-3                     (A)  is directly related to a distance learning

 341-4   activity or an information sharing program; and

 341-5                     (B)  is not covered by commission rules;

 341-6               (2)  change a rate;

 341-7               (3)  amend a tariff; or

 341-8               (4)  amend a commission rule.

 341-9         (b)  The commission shall take the action requested under

341-10   Subsection (a) if the commission determines the action is

341-11   appropriate.  (V.A.C.S. Art. 1446c-0, Secs. 3.605(f), (g).)

341-12             (Sections 57.026-57.040 reserved for expansion)

341-13          SUBCHAPTER C.  TELECOMMUNICATIONS INFRASTRUCTURE FUND

341-14         Sec. 57.041.  FINDINGS AND POLICY.  (a)  The legislature

341-15   finds that commercial mobile service providers:

341-16               (1)  benefit from the public telecommunications network

341-17   by the ability to originate and terminate calls that traverse the

341-18   mobile and cellular network; and

341-19               (2)  will benefit by the advancement of the public

341-20   telecommunications network through projects funded under this

341-21   subchapter.

341-22         (b)  It is the policy of this state that commercial mobile

341-23   service providers contribute an appropriate amount to the

341-24   telecommunications infrastructure fund.  (V.A.C.S. Art. 1446c-0,

341-25   Sec. 3.606(b).)

341-26         Sec. 57.042.  DEFINITIONS.  In this subchapter:

341-27               (1)  "Board" means the telecommunications

 342-1   infrastructure fund board.

 342-2               (2)  "Commercial mobile service provider" means a

 342-3   provider of commercial mobile service as defined by Section 332(d),

 342-4   Communications Act of 1934 (47 U.S.C.  Section 151 et seq.),

 342-5   Federal Communications Commission rules, and the Omnibus Budget

 342-6   Reconciliation Act of 1993 (Pub. L. No. 103-66).

 342-7               (3)  "Fund" means the telecommunications infrastructure

 342-8   fund.

 342-9               (4)  "Institution of higher education" means:

342-10                     (A)  an institution of higher education as

342-11   defined by Section 61.003, Education Code; or

342-12                     (B)  a private or independent institution of

342-13   higher education as defined by Section 61.003, Education Code.

342-14               (5)  "Library" means:

342-15                     (A)  a public library or regional library system

342-16   as those terms are defined by Section 441.122, Government Code; or

342-17                     (B)  a library operated by an institution of

342-18   higher education or a school district.

342-19               (6)  "Public not-for-profit health care facility" means

342-20   a rural or regional hospital or other entity such as a rural health

342-21   clinic that:

342-22                     (A)  is supported by local or regional tax

342-23   revenue; or

342-24                     (B)  is a certified not-for-profit health

342-25   corporation, under federal law.

342-26               (7)  "School district" includes an independent school

342-27   district, a common school district, and a rural high school

 343-1   district.

 343-2               (8)  "Telemedicine":

 343-3                     (A)  means medical services delivered by

 343-4   telecommunications technologies to rural or underserved public

 343-5   not-for-profit health care facilities or primary health care

 343-6   facilities in collaboration with an academic health center and an

 343-7   associated teaching hospital or tertiary center; and

 343-8                     (B)  includes consultive services, diagnostic

 343-9   services, interactive video consultation, teleradiology,

343-10   telepathology, and distance education for working health care

343-11   professionals. (V.A.C.S. Art. 1446c-0, Secs. 3.606(a)(1), (2), (3),

343-12   (4), (5), (7), (8), (9).)

343-13         Sec. 57.043.  TELECOMMUNICATIONS INFRASTRUCTURE FUND AND

343-14   ACCOUNTS.  (a)  The telecommunications infrastructure fund is

343-15   composed of the telecommunications utilities account and the

343-16   commercial mobile service providers account.

343-17         (b)  The telecommunications utilities account is financed by

343-18   an annual assessment on each telecommunications utility doing

343-19   business in this state.  A telecommunications utility shall pay the

343-20   annual assessment according to the ratio that the annual taxable

343-21   telecommunications receipts reported by that telecommunications

343-22   utility under Chapter 151, Tax Code, bears to the total annual

343-23   taxable telecommunications receipts reported by all

343-24   telecommunications utilities under that chapter.

343-25         (c)  The commercial mobile service providers account is

343-26   financed by an annual assessment on each commercial mobile service

343-27   provider doing business in this state.  Each commercial mobile

 344-1   service provider shall pay the annual assessment according to the

 344-2   ratio that the annual taxable telecommunications receipts reported

 344-3   by that provider under Chapter 151, Tax Code, bears to the total

 344-4   annual taxable telecommunications receipts reported by all

 344-5   commercial mobile service providers under that chapter.

 344-6         (d)  Money in the fund may be appropriated only for a use

 344-7   consistent with the purposes of this subchapter.  (V.A.C.S.

 344-8   Art. 1446c-0, Secs. 3.606(j), (k), (n) (part).)

 344-9         Sec. 57.044.  TELECOMMUNICATIONS INFRASTRUCTURE FUND BOARD.

344-10   (a)  The telecommunications infrastructure fund board consists of:

344-11               (1)  three members appointed by the governor;

344-12               (2)  three members appointed by the governor from a

344-13   list of individuals provided by the speaker of the house of

344-14   representatives; and

344-15               (3)  three members appointed by the lieutenant

344-16   governor.

344-17         (b)  The governor shall designate the presiding officer of

344-18   the board.

344-19         (c)  The governor and the lieutenant governor, in making

344-20   appointments to the board, and the speaker of the house of

344-21   representatives, in compiling a list of recommended persons, shall

344-22   attempt to select members who are representative of, but not

344-23   limited to:

344-24               (1)  urban and rural school districts;

344-25               (2)  institutions of higher education;

344-26               (3)  libraries; and

344-27               (4)  the public.

 345-1         (d)  A person may not serve on the board if the person is

 345-2   required to register as a lobbyist under Chapter 305, Government

 345-3   Code, because of the person's activities for compensation on behalf

 345-4   of a profession related to the operation of the board.

 345-5         (e)  Members of the board:

 345-6               (1)  serve without pay; and

 345-7               (2)  are entitled to reimbursement for their actual

 345-8   expenses incurred in attending meetings of the board or attending

 345-9   to other work of the board if approved by the presiding officer.

345-10         (f)  Members of the board serve for staggered, six-year

345-11   terms, with three members' terms expiring on August 31 of each

345-12   odd-numbered year.  (V.A.C.S. Art. 1446c-0, Secs. 3.606(c) (part),

345-13   (d), (e).)

345-14         Sec. 57.045.  POWERS AND DUTIES OF BOARD.  (a)  The board

345-15   shall administer the fund and the two accounts in the fund.

345-16         (b)  The board shall prepare an annual report that:

345-17               (1)  details the revenues deposited to the credit of

345-18   the fund, including each account; and

345-19               (2)  summarizes the grants and loans made from each

345-20   account.

345-21         (c)  Not later than January 15 of each year, the board shall

345-22   submit the report for the preceding year to the governor and to

345-23   each standing committee in the senate and house of representatives

345-24   that has jurisdiction over public or higher education.

345-25         (d)  The board may:

345-26               (1)  enter into contracts with state agencies or

345-27   private entities necessary to perform the board's duties;

 346-1               (2)  employ personnel reasonably necessary to perform

 346-2   duties delegated by the board;

 346-3               (3)  appoint one or more committees to assist the board

 346-4   in performing the board's duties; and

 346-5               (4)  accept a gift or grant and use it for the purposes

 346-6   of this subchapter.  (V.A.C.S. Art. 1446c-0, Secs. 3.606(c) (part),

 346-7   (g), (h), (i), (p).)

 346-8         Sec. 57.046.  USE OF ACCOUNTS.  (a)  The board shall use

 346-9   money in the telecommunications utilities account to award grants

346-10   and loans in accordance with this subchapter to fund:

346-11               (1)  purchases of equipment for public schools,

346-12   including computers, printers, computer labs, and video equipment;

346-13   and

346-14               (2)  intracampus and intercampus wiring to enable those

346-15   public schools to use the equipment.

346-16         (b)  The board shall use money in the commercial mobile

346-17   service providers account for any purpose authorized by this

346-18   subchapter, including:

346-19               (1)  equipment purchases;

346-20               (2)  wiring;

346-21               (3)  material;

346-22               (4)  program development;

346-23               (5)  training;

346-24               (6)  installation costs; and

346-25               (7)  a statewide telecommunications network.  (V.A.C.S.

346-26   Art. 1446c-0, Sec. 3.606(q).)

346-27         Sec. 57.047.  GRANT AND LOAN PROGRAM.  (a)  The board may

 347-1   award a grant to a project or proposal that:

 347-2               (1)  provides equipment and infrastructure necessary

 347-3   for:

 347-4                     (A)  distance learning;

 347-5                     (B)  an information sharing program of a library;

 347-6   or

 347-7                     (C)  telemedicine services;

 347-8               (2)  develops and implements the initial or

 347-9   prototypical delivery of a course or other distance learning

347-10   material;

347-11               (3)  trains teachers, faculty, librarians, or

347-12   technicians in the use of distance learning or information sharing

347-13   materials and equipment;

347-14               (4)  develops a curriculum or instructional material

347-15   specially suited for telecommunications delivery;

347-16               (5)  provides electronic information; or

347-17               (6)  establishes or carries out an information sharing

347-18   program.

347-19         (b)  The board may award a loan to a project or proposal to

347-20   acquire equipment needed for distance learning and telemedicine

347-21   projects.

347-22         (c)  In awarding a grant or loan under this subchapter, the

347-23   board shall give priority to a project or proposal that:

347-24               (1)  represents collaborative efforts involving more

347-25   than one school, university, or library;

347-26               (2)  contributes matching funds from another source;

347-27               (3)  shows promise of becoming self-sustaining;

 348-1               (4)  helps users of information learn new ways to

 348-2   acquire and use information through telecommunications;

 348-3               (5)  extends specific educational information and

 348-4   knowledge services to a group not previously served, especially a

 348-5   group in a rural or remote area;

 348-6               (6)  results in more efficient or effective learning

 348-7   than through conventional teaching;

 348-8               (7)  improves the effectiveness and efficiency of

 348-9   health care delivery; or

348-10               (8)  takes advantage of distance learning opportunities

348-11   in a rural or urban school district with a:

348-12                     (A)  disproportionate number of at-risk youths;

348-13   or

348-14                     (B)  high dropout rate.

348-15         (d)  In distributing money to public schools, the board

348-16   shall:

348-17               (1)  consider the relative property wealth per student

348-18   of the school districts that receive the money; and

348-19               (2)  recognize the unique needs of rural communities.

348-20         (e)  A grant or loan awarded under this section is subject to

348-21   the limitations prescribed by Section 57.046.  (V.A.C.S.

348-22   Art. 1446c-0, Secs. 3.606(r), (s), (t), (v).)

348-23         Sec. 57.048.  ASSESSMENTS AND COLLECTIONS.  (a)  For each

348-24   fiscal year beginning before September 1, 2005, the comptroller

348-25   shall assess and collect an annual total of $75 million from

348-26   telecommunications utilities and an annual total of $75 million

348-27   from commercial mobile service providers.

 349-1         (b)  The comptroller shall assess and collect the money each

 349-2   year without respect to whether the money previously collected and

 349-3   deposited in either account has been disbursed or spent.

 349-4         (c)  The comptroller may require a telecommunications utility

 349-5   or commercial mobile service provider to provide any report or

 349-6   information necessary to fulfill the comptroller's duties under

 349-7   this section.  Information provided to the comptroller   under this

 349-8   section is confidential and exempt from disclosure under Chapter

 349-9   552, Government Code.

349-10         (d)  Money collected by the comptroller from a

349-11   telecommunications utility under this section shall be deposited to

349-12   the credit of the telecommunications utilities account in the fund.

349-13         (e)  Money collected by the comptroller from a commercial

349-14   mobile service provider under this section shall be deposited to

349-15   the credit of the commercial mobile service providers account in

349-16   the fund.   (V.A.C.S. Art. 1446c-0, Secs. 3.606(l), (m), (n)

349-17   (part).)

349-18         Sec. 57.049.  ISSUANCE OF WARRANTS.  From money appropriated

349-19   to the board, the comptroller shall issue warrants the board

349-20   requests in accordance with the purposes of this subchapter,

349-21   including warrants to grantees of the board in amounts the board

349-22   certifies to the comptroller.  (V.A.C.S. Art. 1446c-0, Sec.

349-23   3.606(o).)

349-24         Sec. 57.050.  ASSISTANCE OF OTHER AGENCIES.  The following

349-25   agencies, in consultation with the board, shall adopt policies and

349-26   procedures that are designed to aid the board in achieving the

349-27   purposes of this subchapter:

 350-1               (1)  the Texas Higher Education Coordinating Board;

 350-2               (2)  the Texas Education Agency; and

 350-3               (3)  the Texas State Library and Archives Commission.

 350-4   (V.A.C.S. Art. 1446c-0, Sec. 3.606(u).)

 350-5         Sec. 57.051.  SUNSET PROVISION.  The board is subject to

 350-6   Chapter 325, Government Code (Texas Sunset Act).  Unless continued

 350-7   in existence as provided by that chapter, the board is abolished

 350-8   and this subchapter expires September 1, 2006.  (V.A.C.S.

 350-9   Art. 1446c-0, Sec. 3.606(f) (part).)

350-10             (Sections 57.052-57.070 reserved for expansion)

350-11          SUBCHAPTER D.  INTERACTIVE MULTIMEDIA COMMUNICATIONS

350-12         Sec. 57.071.  DEFINITION.  In this subchapter, "interactive

350-13   multimedia communications" means real-time, two-way, interactive

350-14   voice, video, and data communications conducted over networks that

350-15   link geographically dispersed locations.  (V.A.C.S. Art. 1446c-0,

350-16   Sec. 3.609(b).)

350-17         Sec. 57.072.  RATES FOR INTERACTIVE MULTIMEDIA

350-18   COMMUNICATIONS.  (a)  The commission shall permit a local exchange

350-19   company that provides an interactive multimedia communications

350-20   service to establish, using sound ratemaking principles, rates

350-21   necessary to recover costs associated with providing the service.

350-22         (b)  A local exchange company may not establish a rate under

350-23   Subsection (a) that is less than the local exchange company's long

350-24   run incremental costs of providing the interactive multimedia

350-25   communications service, unless the commission determines it to be

350-26   in the public interest to do so.  (V.A.C.S.  Art. 1446c-0, Sec.

350-27   3.609(a).)

 351-1                    CHAPTER 58.  INCENTIVE REGULATION

 351-2                    SUBCHAPTER A.  GENERAL PROVISIONS

 351-3   Sec. 58.001.  POLICY 

 351-4   Sec. 58.002.  DEFINITION 

 351-5             (Sections 58.003-58.020 reserved for expansion)

 351-6             SUBCHAPTER B.  ELECTION OF INCENTIVE REGULATION

 351-7   Sec. 58.021.  ELECTION 

 351-8   Sec. 58.022.  CHAPTER CONTROLS 

 351-9   Sec. 58.023.  SERVICE CLASSIFICATION 

351-10   Sec. 58.024.  SERVICE RECLASSIFICATION 

351-11   Sec. 58.025.  COMPLAINT OR HEARING 

351-12   Sec. 58.026.  CONSUMER COMPLAINTS REGARDING TARIFFS 

351-13   Sec. 58.027.  CONSUMER COMPLAINTS REGARDING SERVICES;

351-14                   ENFORCEMENT OF STANDARDS 

351-15   Sec. 58.028.  REVIEW AND REPORT OF EFFECTS OF ELECTION 

351-16             (Sections 58.029-58.050 reserved for expansion)

351-17                  SUBCHAPTER C.  BASIC NETWORK SERVICES

351-18   Sec. 58.051.  SERVICES INCLUDED 

351-19   Sec. 58.052.  REGULATION OF SERVICES 

351-20   Sec. 58.053.  INVESTMENT LIMITATION ON SERVICE STANDARDS 

351-21   Sec. 58.054.  RATES CAPPED 

351-22   Sec. 58.055.  RATE ADJUSTMENT BY COMPANY 

351-23   Sec. 58.056.  RATE ADJUSTMENT FOR CHANGES IN FCC SEPARATIONS 

351-24   Sec. 58.057.  RATE ADJUSTMENT FOR CERTAIN COMPANIES 

351-25   Sec. 58.058.  RATE GROUP RECLASSIFICATION 

351-26   Sec. 58.059.  COMMISSION RATE ADJUSTMENT PROCEDURE 

351-27   Sec. 58.060.  RATE ADJUSTMENT AFTER CAP EXPIRATION 

 352-1   Sec. 58.061.  EFFECT ON CERTAIN CHARGES 

 352-2   Sec. 58.062.  SWITCHED ACCESS RATES 

 352-3             (Sections 58.063-58.100 reserved for expansion)

 352-4                  SUBCHAPTER D.  DISCRETIONARY SERVICES

 352-5   Sec. 58.101.  SERVICE INCLUDED 

 352-6   Sec. 58.102.  MAXIMUM PRICE 

 352-7   Sec. 58.103.  PRICE FOR SERVICE 

 352-8   Sec. 58.104.  USE OF CERTAIN REGULATORY TREATMENT 

 352-9             (Sections 58.105-58.150 reserved for expansion)

352-10                   SUBCHAPTER E.  COMPETITIVE SERVICES

352-11   Sec. 58.151.  SERVICES INCLUDED 

352-12   Sec. 58.152.  PRICES 

352-13             (Sections 58.153-58.200 reserved for expansion)

352-14            SUBCHAPTER F.  GENERAL INFRASTRUCTURE COMMITMENT

352-15   Sec. 58.201.  STATEMENT OF STATE GOAL 

352-16   Sec. 58.202.  POLICY GOALS FOR IMPLEMENTATION 

352-17   Sec. 58.203.  INFRASTRUCTURE GOALS OF ALL ELECTING COMPANIES 

352-18   Sec. 58.204.  ADDITIONAL INFRASTRUCTURE COMMITMENT OF CERTAIN

352-19                   COMPANIES 

352-20   Sec. 58.205.  EXTENSION OR WAIVER OF INFRASTRUCTURE

352-21                   REQUIREMENTS 

352-22   Sec. 58.206.  IMPLEMENTATION COSTS; INCREASE IN RATES AND

352-23                   UNIVERSAL SERVICE FUNDS 

352-24             (Sections 58.207-58.250 reserved for expansion)

352-25      SUBCHAPTER G.  INFRASTRUCTURE COMMITMENT TO CERTAIN ENTITIES

352-26   Sec. 58.251.  INTENT AND GOAL OF SUBCHAPTER 

352-27   Sec. 58.252.  DEFINITIONS 

 353-1   Sec. 58.253.  PRIVATE NETWORK SERVICES FOR CERTAIN ENTITIES 

 353-2   Sec. 58.254.  PRIORITIES 

 353-3   Sec. 58.255.  CONTRACTS FOR PRIVATE NETWORK SERVICES 

 353-4   Sec. 58.256.  PREFERRED RATE TREATMENT WARRANTED 

 353-5   Sec. 58.257.  ELECTION OF RATE TREATMENT 

 353-6   Sec. 58.258.  PRIVATE NETWORK SERVICES RATES AND TARIFFS 

 353-7   Sec. 58.259.  TARIFF RATE FOR CERTAIN INTRALATA SERVICE 

 353-8   Sec. 58.260.  POINT-TO-POINT 45 MEGABITS A SECOND INTRALATA

 353-9                   SERVICE 

353-10   Sec. 58.261.  BROADBAND DIGITAL SPECIAL ACCESS SERVICE 

353-11   Sec. 58.262.  EXPANDED INTERCONNECTION 

353-12   Sec. 58.263.  INTERNET ACCESS 

353-13   Sec. 58.264.  COMPLAINTS LIMITED 

353-14   Sec. 58.265.  INTERCONNECTION OF NETWORK SERVICES 

353-15   Sec. 58.266.  SHARING OR RESALE OF NETWORK SERVICES 

353-16   Sec. 58.267.  IMPLEMENTATION COSTS; INCREASE IN RATES AND

353-17                   UNIVERSAL SERVICE FUNDS 

353-18                    CHAPTER 58.  INCENTIVE REGULATION

353-19                    SUBCHAPTER A.  GENERAL PROVISIONS

353-20         Sec. 58.001.  POLICY.  Considering the status of competition

353-21   in the telecommunications industry, it is the policy of this state

353-22   to:

353-23               (1)  provide a framework for an orderly transition from

353-24   the traditional regulation of return on invested capital to a fully

353-25   competitive telecommunications marketplace in which all

353-26   telecommunications providers compete on fair terms;

353-27               (2)  preserve and enhance universal telecommunications

 354-1   service at affordable rates;

 354-2               (3)  upgrade the telecommunications infrastructure of

 354-3   this state;

 354-4               (4)  promote network interconnectivity; and

 354-5               (5)  promote diversity in the supply of

 354-6   telecommunications services and innovative products and services

 354-7   throughout the entire state, including urban and rural areas.

 354-8   (V.A.C.S. Art. 1446c-0, Sec. 3.351.)

 354-9         Sec. 58.002.  DEFINITION.  In this chapter, "electing

354-10   company" means an incumbent local exchange company that elects to

354-11   be subject to incentive regulation and to make the corresponding

354-12   infrastructure commitment under this chapter.  (V.A.C.S.

354-13   Art. 1446c-0, Sec. 3.352(b)(1) (part).)

354-14             (Sections 58.003-58.020 reserved for expansion)

354-15             SUBCHAPTER B.  ELECTION OF INCENTIVE REGULATION

354-16         Sec. 58.021.  ELECTION.  (a)  An incumbent local exchange

354-17   company may elect to be subject to incentive regulation and to make

354-18   the corresponding infrastructure commitment under this chapter by

354-19   notifying the commission in writing of its election.

354-20         (b)  The notice must include a statement that the company

354-21   agrees to:

354-22               (1)  limit for four years any increase in a rate the

354-23   company charges for basic network services as prescribed by

354-24   Subchapter C; and

354-25               (2)  fulfill the infrastructure commitment prescribed

354-26   by Subchapters F and G.  (V.A.C.S. Art. 1446c-0, Sec. 3.352(a).)

354-27         Sec. 58.022.  CHAPTER CONTROLS.  This chapter governs the

 355-1   regulation of an electing company's telecommunications services

 355-2   regardless of whether the company is a dominant carrier.  (V.A.C.S.

 355-3   Art. 1446c-0, Sec. 3.352(c).)

 355-4         Sec. 58.023.  SERVICE CLASSIFICATION.  On election, the

 355-5   services provided by an electing company are classified into three

 355-6   categories:

 355-7               (1)  basic network services governed by Subchapter C;

 355-8               (2)  discretionary services governed by Subchapter D;

 355-9   and

355-10               (3)  competitive services governed by Subchapter E.

355-11   (V.A.C.S. Art. 1446c-0, Sec. 3.352(b)(1).)

355-12         Sec. 58.024.  SERVICE RECLASSIFICATION.  (a)  The commission

355-13   may reclassify a:

355-14               (1)  basic network service as a discretionary or

355-15   competitive service; or

355-16               (2)  discretionary service as a competitive service.

355-17         (b)  The commission shall establish criteria for determining

355-18   whether a service should be reclassified. The criteria must include

355-19   consideration of the:

355-20               (1)  availability of the service from other providers;

355-21               (2)  proportion of the market that receives the

355-22   service;

355-23               (3)  effect of the reclassification on service

355-24   subscribers; and

355-25               (4)  nature of the service.

355-26         (c)  The commission may not reclassify a service until each

355-27   competitive safeguard prescribed by Subchapters B-G, Chapter 60, is

 356-1   fully implemented.  (V.A.C.S. Art. 1446c-0, Secs. 3.352(b)(2),

 356-2   3.355(c), 3.356(b), 3.357.)

 356-3         Sec. 58.025.  COMPLAINT OR HEARING.  (a)  An electing company

 356-4   is not, under any circumstances, subject to a complaint, hearing,

 356-5   or determination regarding the reasonableness of the company's:

 356-6               (1)  rates;

 356-7               (2)  overall revenues;

 356-8               (3)  return on invested capital; or

 356-9               (4)  net income.

356-10         (b)  This section does not prohibit a complaint, hearing, or

356-11   determination on an electing company's implementation and

356-12   enforcement of a competitive safeguard required by Chapter 60.

356-13   (V.A.C.S. Art. 1446c-0, Sec. 3.352(d) (part).)

356-14         Sec. 58.026.  CONSUMER COMPLAINTS REGARDING TARIFFS.  (a)

356-15   This chapter does not restrict:

356-16               (1)  a consumer's right to complain to the commission

356-17   about the application of an ambiguous tariff; or

356-18               (2)  the commission's right to determine:

356-19                     (A)  the proper application of that tariff; or

356-20                     (B)  the proper rate if that tariff does not

356-21   apply.

356-22         (b)  This section does not permit the commission to:

356-23               (1)  lower a tariff rate except as specifically

356-24   provided by this title;

356-25               (2)  change the commission's interpretation of a

356-26   tariff; or

356-27               (3)  extend the application of a tariff to a new class

 357-1   of customers.  (V.A.C.S. Art. 1446c-0, Sec. 3.352(d) (part).)

 357-2         Sec. 58.027.  CONSUMER COMPLAINTS REGARDING SERVICES;

 357-3   ENFORCEMENT OF STANDARDS.  This chapter does not restrict:

 357-4               (1)  a consumer's right to complain to the commission

 357-5   about quality of service; or

 357-6               (2)  the commission's right to enforce a quality of

 357-7   service standard.  (V.A.C.S. Art. 1446c-0, Sec. 3.352(d) (part).)

 357-8         Sec. 58.028.  REVIEW AND REPORT OF EFFECTS OF ELECTION.  (a)

 357-9   Not later than January 1, 2000, the commission shall begin a review

357-10   and evaluation of each company that elects under this chapter or

357-11   Chapter 59.

357-12         (b)  The review must include an evaluation of the effects of

357-13   the election, including:

357-14               (1)  consumer benefits;

357-15               (2)  impact of competition;

357-16               (3)  infrastructure investments; and

357-17               (4)  quality of service.

357-18         (c)  The commission shall file a report with the legislature

357-19   not later than January 1, 2001.  The report must include the

357-20   commission's recommendations as to whether the incentive regulation

357-21   provided by this chapter and Chapter 59 should be extended,

357-22   modified, eliminated, or replaced with another form of regulation.

357-23         (d)  This section expires September 1, 2001.  (V.A.C.S.

357-24   Art. 1446c-0, Sec. 3.356(d) (part).)

357-25             (Sections 58.029-58.050 reserved for expansion)

357-26                  SUBCHAPTER C.  BASIC NETWORK SERVICES

357-27         Sec. 58.051.  SERVICES INCLUDED.  Unless reclassified under

 358-1   Section 58.024, the following services are basic network services:

 358-2               (1)  flat rate residential and business local exchange

 358-3   telephone service, including primary directory listings and the

 358-4   receipt of a directory and any applicable mileage or zone charges;

 358-5               (2)  tone dialing service;

 358-6               (3)  lifeline and tel-assistance service;

 358-7               (4)  service connection for basic services;

 358-8               (5)  direct inward dialing service for basic services;

 358-9               (6)  private pay telephone access service;

358-10               (7)  call trap and trace service;

358-11               (8)  access to 911 service provided by a local

358-12   authority and access to dual party relay service;

358-13               (9)  switched access service;

358-14               (10)  interconnection to competitive providers;

358-15               (11)  mandatory extended area service arrangements;

358-16               (12)  mandatory extended metropolitan service or other

358-17   mandatory toll-free calling arrangements;

358-18               (13)  interconnection for commercial mobile service

358-19   providers;

358-20               (14)  directory assistance; and

358-21               (15)  "1-plus" intraLATA message toll service.

358-22   (V.A.C.S. Art. 1446c-0, Sec. 3.353(a).)

358-23         Sec. 58.052.  REGULATION OF SERVICES.  (a)  Except as

358-24   provided by Subchapter E, Chapter 52, basic network services of an

358-25   electing company are regulated:

358-26               (1)  in accordance with this chapter; and

358-27               (2)  to the extent not inconsistent with this chapter,

 359-1   in accordance with:

 359-2                     (A)  Subtitle A;

 359-3                     (B)  Chapters 51, 54, 60, 62, and 63;

 359-4                     (C)  Chapter 52, except for Subchapter F;

 359-5                     (D)  Subchapters C, D, and E, Chapter 53;

 359-6                     (E)  Chapter 55, except for:

 359-7                           (i)  Subchapters F and G; and

 359-8                           (ii)  Sections 55.001, 55.002, 55.003, and

 359-9   55.004;

359-10                     (F)  Sections 53.001, 53.003, 53.004, 53.006,

359-11   53.065, 55.005, 55.006, 55.009, and 55.010; and

359-12                     (G)  commission rules and procedures.

359-13         (b)  The commission must approve a change in the terms of the

359-14   tariff offering of a basic network service.  (V.A.C.S.

359-15   Art. 1446c-0, Sec. 3.353(d).)

359-16         Sec. 58.053.  INVESTMENT LIMITATION ON SERVICE STANDARDS.

359-17   (a)  The commission may not raise a service standard applicable to

359-18   the provision of local exchange telephone service by an electing

359-19   company if the increased investment required to comply with the

359-20   raised standard in any year exceeds 10 percent of the company's

359-21   average annual intrastate additions in capital investment for the

359-22   most recent five-year period.

359-23         (b)  In computing the average under Subsection (a), the

359-24   company shall exclude:

359-25               (1)  extraordinary investments made during the

359-26   five-year period; and

359-27               (2)  investments required by Section 58.203.  (V.A.C.S.

 360-1   Art. 1446c-0, Secs. 3.353(b) (part), 3.358(b) (part).)

 360-2         Sec. 58.054.  RATES CAPPED.  (a)  As a condition of election

 360-3   under this chapter, an electing company shall commit to not

 360-4   increasing a rate for a basic network service on or before the

 360-5   fourth anniversary of its election date.

 360-6         (b)  The rates an electing company may charge on or before

 360-7   that fourth anniversary are the rates charged by the company on

 360-8   June 1, 1995, without regard to a proceeding pending under:

 360-9               (1)  Section 15.001;

360-10               (2)  Subchapter D, Chapter 53; or

360-11               (3)  Subchapter G, Chapter 2001, Government Code.

360-12   (V.A.C.S. Art. 1446c-0, Secs. 3.352(a) (part), 3.353(e) (part).)

360-13         Sec. 58.055.  RATE ADJUSTMENT BY COMPANY.  (a)  An electing

360-14   company may increase a rate for a basic network service during the

360-15   four-year period prescribed by Section 58.054 only:

360-16               (1)  with commission approval that the proposed change

360-17   is included in Section 58.056, 58.057, or 58.058; and

360-18               (2)  as provided by Sections 58.056, 58.057, 58.058,

360-19   and 58.059.

360-20         (b)  Notwithstanding Subchapter F, Chapter 60, an electing

360-21   company may, on its own initiative, decrease a rate for a basic

360-22   network service during the four-year period.

360-23         (c)  The company may decrease the rate for switched access

360-24   service to an amount above the service's long run incremental cost.

360-25         (d)  The company may decrease the rate for a basic local

360-26   telecommunications service other than switched access to an amount

360-27   above the service's appropriate cost.  If the company has been

 361-1   required to perform or has elected to perform a long run

 361-2   incremental cost study, the appropriate cost for the service is the

 361-3   service's long run incremental cost.  (V.A.C.S. Art. 1446c-0, Secs.

 361-4   3.353(b) (part), (c)(1).)

 361-5         Sec. 58.056.  RATE ADJUSTMENT FOR CHANGES IN FCC SEPARATIONS.

 361-6   The commission, on motion of the electing company or on its own

 361-7   motion, shall proportionally adjust rates for services to reflect

 361-8   changes in Federal Communications Commission separations that

 361-9   affect intrastate net income by at least 10 percent.  (V.A.C.S.

361-10   Art. 1446c-0, Sec. 3.353(c)(2).)

361-11         Sec. 58.057.  RATE ADJUSTMENT FOR CERTAIN COMPANIES.  (a)  An

361-12   electing company, after the 42nd month after the date the company

361-13   elects incentive regulation under this chapter, may file an

361-14   application for a commission review of the company's need for

361-15   changes in the rates of its services if the company:

361-16               (1)  has fewer than five million access lines in this

361-17   state; and

361-18               (2)  is complying with:

361-19                     (A)  the company's infrastructure commitment;

361-20                     (B)  each requirement relating to quality of

361-21   service; and

361-22                     (C)  each commission rule adopted under Chapter

361-23   60.

361-24         (b)  The company's application may request that the

361-25   commission adjust rates, implement new pricing plans, restructure

361-26   rates, or rebalance revenues between services to recognize changed

361-27   market conditions and the effects of competitive entry.

 362-1         (c)  The commission may use an index and a productivity

 362-2   offset in determining the requested changes.

 362-3         (d)  The commission may not:

 362-4               (1)  order an increase in the rate for residential

 362-5   local exchange telephone service that would cause the rate to

 362-6   increase by more than the United States Consumer Price Index in any

 362-7   12-month period; or

 362-8               (2)  set the monthly rate for residential local

 362-9   exchange telephone service in an amount that exceeds the nationwide

362-10   average rates for similar local exchange telephone services.

362-11   (V.A.C.S. Art. 1446c-0, Sec. 3.353(c)(3).)

362-12         Sec. 58.058.  RATE GROUP RECLASSIFICATION.  Notwithstanding

362-13   Subchapter B, the commission, on request of the electing company,

362-14   shall allow a rate group reclassification that results from access

362-15   line growth.  (V.A.C.S. Art. 1446c-0, Sec. 3.353(c)(4).)

362-16         Sec. 58.059.  COMMISSION RATE ADJUSTMENT PROCEDURE.  (a)  In

362-17   accordance with this section, an electing company may request and

362-18   the commission may authorize a rate adjustment under Section

362-19   58.056, 58.057, or 58.058.

362-20         (b)  The electing company must provide to the commission

362-21   notice of its intent to adjust rates.  The notice must be

362-22   accompanied by sufficient documentary evidence to demonstrate that

362-23   the rate adjustment is authorized under Section 58.056, 58.057, or

362-24   58.058.  The commission by rule or order shall prescribe the

362-25   documentation required under this subsection.

362-26         (c)  The electing company must also provide notice to its

362-27   customers after providing notice to the commission.  The notice to

 363-1   the customers must:

 363-2               (1)  within a reasonable period after notice to the

 363-3   commission, be published once in a newspaper of general circulation

 363-4   in the affected service area;

 363-5               (2)  be included in or printed on each affected

 363-6   consumer's bill in the first billing that occurs after notice is

 363-7   filed with the commission;

 363-8               (3)  have a title that includes the name of the company

 363-9   and the words "NOTICE OF POSSIBLE RATE CHANGE"; and

363-10               (4)  include:

363-11                     (A)  a statement that the consumer's rate may

363-12   change;

363-13                     (B)  an estimate of the amount of the annual

363-14   change for the typical residential, business, or access consumer if

363-15   the commission approves the rate change;

363-16                     (C)  a statement that a consumer who wants to

363-17   comment on the rate change or who wants additional information

363-18   regarding the rate change may call or write the commission and that

363-19   the information will be provided without cost to the consumer and

363-20   at the expense of the electing company; and

363-21                     (D)  the commission's telephone number and

363-22   address.

363-23         (d)  The estimate of the amount of the annual change required

363-24   by Subsection (c)(4)(B) must be printed in a type style and size

363-25   that is distinct from and larger than the type style and size of

363-26   the body of the notice.

363-27         (e)  The commission shall review the proposed rates to

 364-1   determine if the rate adjustment is authorized under Section

 364-2   58.056, 58.057, or 58.058.

 364-3         (f)  The rate adjustment takes effect on the 90th day after

 364-4   the date the electing company completes the notice required by this

 364-5   section unless the commission suspends the effective date under

 364-6   Subsection (g).

 364-7         (g)  At any time before a rate adjustment is scheduled to

 364-8   take effect, the commission, on its own motion or on complaint by

 364-9   an affected party, may suspend the effective date of the rate

364-10   adjustment and conduct a hearing to review the proposed adjustment.

364-11   After the hearing, the commission may issue an order approving the

364-12   adjustment, or if it finds that the adjustment is not authorized

364-13   under Section 58.056, 58.057, or 58.058, issue an order modifying

364-14   or rejecting the adjustment.  An order modifying or rejecting a

364-15   rate adjustment must specify:

364-16               (1)  each reason why the proposed adjustment was not

364-17   authorized by Section 58.056, 58.057, or 58.058; and

364-18               (2)  how the proposed adjustment may be changed so that

364-19   it is authorized.

364-20         (h)  Except as provided by this section, a  request for a

364-21   rate restructure must comply with the notice and hearing

364-22   requirements prescribed by Sections 53.101-53.106.

364-23         (i)  An electing company that has not more than five percent

364-24   of the  total access lines in this state may adopt as the cost for

364-25   a service the cost for the same or substantially similar service

364-26   offered by a larger incumbent local exchange company.  The electing

364-27   company may adopt the larger company's cost only if the cost was

 365-1   determined based on a long run incremental cost study.  An electing

 365-2   company that adopts a cost under this subsection is not required to

 365-3   present its own long run incremental cost study to support the

 365-4   adopted cost.  (V.A.C.S. Art. 1446c-0, Sec. 3.354.)

 365-5         Sec. 58.060.  RATE ADJUSTMENT AFTER CAP EXPIRATION.  After

 365-6   the four-year period prescribed by Section 58.054 expires, an

 365-7   electing company may increase a rate for a basic network service

 365-8   only:

 365-9               (1)  with commission approval subject to this title;

365-10   and

365-11               (2)  to the extent consistent with achieving universal

365-12   affordable service.  (V.A.C.S. Art. 1446c-0, Sec. 3.353(e) (part).)

365-13         Sec. 58.061.  EFFECT ON CERTAIN CHARGES.  This subchapter

365-14   does not affect a charge permitted under:

365-15               (1)  Section 55.024;

365-16               (2)  Subchapter C, Chapter 55; or

365-17               (3)  Subchapter B, Chapter 56.  (V.A.C.S. Art. 1446c-0,

365-18   Sec. 3.353(b) (part).)

365-19         Sec. 58.062.  SWITCHED ACCESS RATES.  Notwithstanding any

365-20   other provision of this title, the commission may not reduce an

365-21   electing company's rates for switched access services before the

365-22   expiration of the four-year period prescribed by Section 58.054.

365-23   (V.A.C.S. Art. 1446c-0, Sec. 3.352(d) (part).)

365-24             (Sections 58.063-58.100 reserved for expansion)

365-25                  SUBCHAPTER D.  DISCRETIONARY SERVICES

365-26         Sec. 58.101.  SERVICE INCLUDED.  Unless reclassified under

365-27   Section 58.024, the following services are discretionary services:

 366-1               (1)  "1-plus" intraLATA message toll services, if

 366-2   intraLATA equal access is available;

 366-3               (2)  0+ and 0- operator services;

 366-4               (3)  call waiting, call forwarding, and custom calling

 366-5   features that are not classified as a competitive service under

 366-6   Section 58.151;

 366-7               (4)  call return, caller identification, and call

 366-8   control options that are not classified as a competitive service

 366-9   under Section 58.151;

366-10               (5)  central office based PBX-type services;

366-11               (6)  billing and collection services;

366-12               (7)  integrated services digital network (ISDN)

366-13   services;

366-14               (8)  new services; and

366-15               (9)  each service or function:

366-16                     (A)  for which pricing flexibility has not been

366-17   granted in a particular geographic market; and

366-18                     (B)  that is not classified as a basic network

366-19   service under Section 58.051 or a competitive service under Section

366-20   58.151.  (V.A.C.S. Art. 1446c-0, Secs. 3.355(a), (b).)

366-21         Sec. 58.102.  MAXIMUM PRICE.  (a)  The commission shall set

366-22   the maximum price an electing company may charge for a

366-23   discretionary service.

366-24         (b)  The initial maximum price for a service is the price in

366-25   effect on September 1, 1995, without regard to a proceeding pending

366-26   under:

366-27               (1)  Section 15.001;

 367-1               (2)  Subchapter D, Chapter 53; or

 367-2               (3)  Subchapter G, Chapter 2001, Government Code.

 367-3         (c)  The commission may not increase the initial maximum

 367-4   price until after the proceedings required by Chapter 60.

 367-5         (d)  After the proceedings required by Chapter 60, the

 367-6   commission, on its own motion or on application by the electing

 367-7   company, may change the initial maximum price.   However, the

 367-8   commission may not increase the price more than 10 percent

 367-9   annually.  (V.A.C.S. Art. 1446c-0, Sec. 3.355(d) (part).)

367-10         Sec. 58.103.  PRICE FOR SERVICE.  (a)  An electing company

367-11   may set the price for a discretionary service at any price that is:

367-12               (1)  above the service's long run incremental cost; and

367-13               (2)  at or below the service's maximum price set under

367-14   Section 58.102.

367-15         (b)  The electing company may change the price within the

367-16   limits prescribed by Subsection (a).  A price change may include

367-17   the use of pricing flexibility.

367-18         (c)  The electing company shall notify the commission of each

367-19   change.  (V.A.C.S. Art. 1446c-0, Sec. 3.355(d) (part).)

367-20         Sec. 58.104.  USE OF CERTAIN REGULATORY TREATMENT.  The

367-21   classification of a service as a discretionary service does not

367-22   preclude an electing company from using a regulatory treatment

367-23   authorized by or under Subchapters A-D, Chapter 52.  (V.A.C.S.

367-24   Art. 1446c-0, Sec. 3.355(d) (part).)

367-25             (Sections 58.105-58.150 reserved for expansion)

367-26                   SUBCHAPTER E.  COMPETITIVE SERVICES

367-27         Sec. 58.151.  SERVICES INCLUDED.  The following services are

 368-1   classified as competitive services:

 368-2               (1)  services described in the WATS tariff as the

 368-3   tariff existed on January 1, 1995;

 368-4               (2)  800 and foreign exchange services;

 368-5               (3)  private line service;

 368-6               (4)  special access service;

 368-7               (5)  services from public pay telephones;

 368-8               (6)  paging services and mobile services (IMTS);

 368-9               (7)  911 premises equipment;

368-10               (8)  speed dialing; and

368-11               (9)  three-way calling.  (V.A.C.S. Art. 1446c-0, Sec.

368-12   3.356(a) (part).)

368-13         Sec. 58.152.  PRICES.  (a)  An electing company may set the

368-14   price for a competitive service at any level above the service's

368-15   long run incremental cost in accordance with the imputation rules

368-16   prescribed by or under Subchapter D, Chapter 60.

368-17         (b)  Subject to the requirements of Sections 60.001 and

368-18   60.002, the company may use pricing flexibility for a competitive

368-19   service.

368-20         (c)  Notwithstanding Subsection (a) or (b), the company may

368-21   not increase the price of a competitive service in a geographic

368-22   area in which that service or a functionally equivalent service is

368-23   not readily available from another provider.  (V.A.C.S.

368-24   Art. 1446c-0, Secs. 3.356(a) (part), (c) (part).)

368-25             (Sections 58.153-58.200 reserved for expansion)

368-26            SUBCHAPTER F.  GENERAL INFRASTRUCTURE COMMITMENT

368-27         Sec. 58.201.  STATEMENT OF STATE GOAL.  (a)  It is the goal

 369-1   of this state to facilitate and promote the deployment of an

 369-2   advanced telecommunications infrastructure to spur economic

 369-3   development throughout this state.  This state should be among the

 369-4   leaders in achieving this objective.

 369-5         (b)  The primary means of achieving this goal is through

 369-6   encouraging private investment in this state's telecommunications

 369-7   infrastructure by creating incentives for that investment and

 369-8   promoting the development of competition.

 369-9         (c)  The best way to bring the benefits of an advanced

369-10   telecommunications network infrastructure to communities in this

369-11   state is through innovation and competition among all the state's

369-12   communications providers.  Competition will provide residents of

369-13   this state with a choice of telecommunications providers and will

369-14   drive technology deployment, innovation, service quality, and

369-15   cost-based prices as competing firms try to satisfy customer needs.

369-16   (V.A.C.S. Art. 1446c-0, Sec. 3.358(a).)

369-17         Sec. 58.202.  POLICY GOALS FOR IMPLEMENTATION.  In

369-18   implementing this subchapter, the commission shall consider this

369-19   state's policy goals to:

369-20               (1)  ensure the availability of the widest possible

369-21   range of competitive choices in the provision of telecommunications

369-22   services and facilities;

369-23               (2)  foster competition and rely on market forces where

369-24   competition exists to determine the price, terms, and availability

369-25   of service;

369-26               (3)  ensure the universal availability of basic local

369-27   telecommunications services at reasonable rates;

 370-1               (4)  encourage the continued development and deployment

 370-2   of advanced and reliable capabilities and services in

 370-3   telecommunications networks;

 370-4               (5)  ensure interconnection and interoperability, based

 370-5   on uniform technical standards, among telecommunications carriers;

 370-6               (6)  eliminate unnecessary administrative procedures

 370-7   that impose regulatory barriers to competition and ensure that

 370-8   competitive entry is fostered on an economically rational basis;

 370-9               (7)  ensure consumer protection and protection against

370-10   anticompetitive conduct;

370-11               (8)  regulate a provider of services only to the extent

370-12   the provider has market power to control the price of services to

370-13   customers;

370-14               (9)  encourage cost-based pricing of telecommunications

370-15   services so that consumers pay a fair price for services they use;

370-16   and

370-17               (10)  subject to Subchapter C, develop appropriate

370-18   quality of service standards for local exchange companies so as to

370-19   place this state among the leaders in deployment of an advanced

370-20   telecommunications infrastructure.  (V.A.C.S. Art. 1446c-0,

370-21   Sec. 3.358(b) (part).)

370-22         Sec. 58.203.  INFRASTRUCTURE GOALS OF ALL ELECTING COMPANIES.

370-23   (a)  Recognizing that it will take time for competition to develop

370-24   in the local exchange market, the commission shall, in the absence

370-25   of competition, ensure that each electing company achieves the

370-26   infrastructure goals described by this section.

370-27         (b)  Not later than December 31, 1996, an electing company

 371-1   shall make available to each customer in the company's territory

 371-2   access to end-to-end digital connectivity.

 371-3         (c)  Each new central office switch installed for an electing

 371-4   company after September 1, 1995, must be digital or technically

 371-5   equal to or superior to digital.   In addition, a switch installed

 371-6   after September 1, 1997, must, at a minimum, be capable of

 371-7   providing integrated services digital network (ISDN) services in a

 371-8   manner consistent with generally accepted national standards.

 371-9         (d)  Not later than January 1, 2000, 50 percent of the local

371-10   exchange access lines in each electing company's territory must be

371-11   served by a digital central office switch.

371-12         (e)  Not later than January 1, 2000, an electing company's

371-13   public switched network backbone interoffice facilities must employ

371-14   broadband facilities capable of 45 or more megabits a second.  The

371-15   company may employ facilities  at a lower bandwidth if technology

371-16   permits the delivery of video signal at the lower bandwidth at a

371-17   quality level comparable to a television broadcast signal.  The

371-18   requirements of this subsection do not apply to local loop

371-19   facilities.  (V.A.C.S. Art. 1446c-0, Sec. 3.358(c).)

371-20         Sec. 58.204.  ADDITIONAL INFRASTRUCTURE COMMITMENT OF CERTAIN

371-21   COMPANIES.  (a)  Not later than December 31, 1998, an electing

371-22   company serving more than one million but fewer than five million

371-23   access lines shall provide digital switching central offices in all

371-24   exchanges.

371-25         (b)  Not later than January 1, 2000, an electing company

371-26   serving more than five million access lines shall:

371-27               (1)  install Common Channel Signaling 7 capability in

 372-1   each central office; and

 372-2               (2)  connect all of the company's serving central

 372-3   offices to their respective LATA tandem central offices with

 372-4   optical fiber or equivalent facilities.  (V.A.C.S. Art. 1446c-0,

 372-5   Sec. 3.358(d).)

 372-6         Sec. 58.205.  EXTENSION OR WAIVER OF INFRASTRUCTURE

 372-7   REQUIREMENTS.  (a)  For an electing company that serves more than

 372-8   one million but fewer than two million access lines, the commission

 372-9   may temporarily extend a deadline prescribed by Section 58.203 if

372-10   the company demonstrates that the extension is in the public

372-11   interest.

372-12         (b)  For an electing company that serves fewer than one

372-13   million access lines, the commission may waive a requirement

372-14   prescribed by Section 58.203 if the company demonstrates that the

372-15   investment is not viable economically.

372-16         (c)  Before granting a waiver under Subsection (b), the

372-17   commission must consider the public benefits that would result from

372-18   compliance with the requirement.  (V.A.C.S. Art. 1446c-0, Sec.

372-19   3.358(e).)

372-20         Sec. 58.206.  IMPLEMENTATION COSTS; INCREASE IN RATES AND

372-21   UNIVERSAL SERVICE FUNDS.  The commission may not consider the cost

372-22   of implementing Section 58.203 or 58.204 in determining whether an

372-23   electing company is entitled to:

372-24               (1)  a rate increase under this chapter; or

372-25               (2)  increased universal service funds under Subchapter

372-26   B, Chapter 56.  (V.A.C.S. Art. 1446c-0, Sec. 3.358(f).)

372-27             (Sections 58.207-58.250 reserved for expansion)

 373-1      SUBCHAPTER G.  INFRASTRUCTURE COMMITMENT TO CERTAIN ENTITIES

 373-2         Sec. 58.251.  INTENT AND GOAL OF SUBCHAPTER.  (a)  It is the

 373-3   intent of this subchapter to establish a telecommunications

 373-4   infrastructure that interconnects the public entities described in

 373-5   this subchapter.  The interconnection of these entities requires

 373-6   ubiquitous, broadband, digital services for voice, video, and data

 373-7   in the local serving area.  The ubiquitous nature of these

 373-8   connections must allow individual networks of these entities to

 373-9   interconnect and interoperate across the broadband digital service

373-10   infrastructure.  The delivery of these advanced telecommunications

373-11   services requires collaborations and partnerships of public,

373-12   private, and commercial telecommunications service network

373-13   providers.

373-14         (b)  The goal of this subchapter is to interconnect and

373-15   aggregate the connections to every entity described in this

373-16   subchapter, in the local serving area.  It is further intended that

373-17   the infrastructure implemented under this subchapter connect each

373-18   entity that requests a service offered under this subchapter.

373-19   (V.A.C.S. Art. 1446c-0, Sec. 3.359(a).)

373-20         Sec. 58.252.  DEFINITIONS.  In this subchapter:

373-21               (1)  "Educational institution" has the meaning assigned

373-22   by Section 57.021.

373-23               (2)  "Library" has the meaning assigned by Section

373-24   57.042.

373-25               (3)  "Private network services" means:

373-26                     (A)  broadband digital service that is capable of

373-27   providing transmission speeds of 45 megabits a second or greater

 374-1   for customer applications; and

 374-2                     (B)  other customized or packaged network

 374-3   services.

 374-4               (4)  "Telemedicine center" means a facility that is

 374-5   equipped to transmit, by video, data, or voice service, medical

 374-6   information for the diagnosis or treatment of illness or disease

 374-7   and that is:

 374-8                     (A)  owned or operated by a public or

 374-9   not-for-profit hospital, including an academic health center; or

374-10                     (B)  owned by one or more state-licensed health

374-11   care practitioners and operated on a nonprofit basis.  (V.A.C.S.

374-12   Art. 1446c-0, Secs. 3.359(b)(1)(A) (part), (e).)

374-13         Sec. 58.253.  PRIVATE NETWORK SERVICES FOR CERTAIN ENTITIES.

374-14   (a)  On customer request, an electing company shall provide private

374-15   network services to:

374-16               (1)  an educational institution;

374-17               (2)  a library;

374-18               (3)  a nonprofit telemedicine center;

374-19               (4)  a public or not-for-profit hospital;

374-20               (5)  a project funded by the telecommunications

374-21   infrastructure fund under Subchapter C, Chapter 57; or

374-22               (6)  a legally constituted consortium or group of

374-23   entities listed in this subsection.

374-24         (b)  Except as provided by Section 58.266, the electing

374-25   company shall provide the private network services for the private

374-26   and sole use of the receiving entity.  (V.A.C.S. Art. 1446c-0, Sec.

374-27   3.359(b)(1)(A) (part).)

 375-1         Sec. 58.254.  PRIORITIES.  An electing company shall give

 375-2   priority to serving:

 375-3               (1)  rural areas;

 375-4               (2)  areas designated as critically underserved either

 375-5   medically or educationally; and

 375-6               (3)  educational institutions with high percentages of

 375-7   economically disadvantaged students.  (V.A.C.S. Art. 1446c-0, Sec.

 375-8   3.359(b)(6).)

 375-9         Sec. 58.255.  CONTRACTS FOR PRIVATE NETWORK SERVICES.  (a)

375-10   An electing company shall provide a private network service under a

375-11   customer specific contract.

375-12         (b)  An electing company shall offer private network service

375-13   contracts under this subchapter at 105 percent of the long run

375-14   incremental cost of providing the private network service,

375-15   including installation.

375-16         (c)  Each contract shall be filed with the commission.

375-17   Commission approval of a contract is not required.

375-18         (d)  Subtitle D, Title 10, Government Code, does not apply to

375-19   a contract entered into under this subchapter.  (V.A.C.S.

375-20   Art. 1446c-0, Secs. 3.359(b)(1)(B), (b)(1)(C), (f).)

375-21         Sec. 58.256.  PREFERRED RATE TREATMENT WARRANTED.  An entity

375-22   described by Section 58.253(a) warrants preferred rate treatment.

375-23   However, a rate charged for a service must cover the service's long

375-24   run incremental cost.  (V.A.C.S. Art. 1446c-0, Sec.

375-25   3.359(b)(1)(H).)

375-26         Sec. 58.257.  ELECTION OF RATE TREATMENT.  An educational

375-27   institution or a library may elect the rate treatment provided by

 376-1   this subchapter or the discount provided by Subchapter B, Chapter

 376-2   57.   (V.A.C.S. Art. 1446c-0, Sec. 3.359(b)(3).)

 376-3         Sec. 58.258.  PRIVATE NETWORK SERVICES RATES AND TARIFFS.

 376-4   (a)  Notwithstanding the pricing flexibility authorized by this

 376-5   subtitle, an electing company's rates for private network services

 376-6   may not be increased on or before the sixth anniversary of the

 376-7   company's date of election.  However, an electing company may

 376-8   increase a rate in accordance with the provisions of a customer

 376-9   specific contract.

376-10         (b)  An electing company may not charge an entity described

376-11   by  Section 58.253(a) a special construction or installation

376-12   charge.  (V.A.C.S. Art. 1446c-0, Secs. 3.359(b)(2), (4).)

376-13         Sec. 58.259.  TARIFF RATE FOR CERTAIN INTRALATA SERVICE.  (a)

376-14   An electing company shall file a flat monthly tariff rate for

376-15   point-to-point intraLATA 1.544 megabits a second service for the

376-16   entities described by Section 58.253(a).

376-17         (b)  The tariff rate may not be:

376-18               (1)  distance sensitive; or

376-19               (2)  higher than 105 percent of the service's statewide

376-20   average long run incremental cost, including installation.

376-21   (V.A.C.S. Art. 1446c-0, Sec. 3.359(b)(1)(D).)

376-22         Sec. 58.260.  POINT-TO-POINT 45 MEGABITS A SECOND INTRALATA

376-23   SERVICE.  (a)  On request of an entity described by Section

376-24   58.253(a), an electing company shall provide to the entity

376-25   point-to-point 45 megabits a second intraLATA services.

376-26         (b)  The service must be provided under a customer specific

376-27   contract except that any interoffice portion of the service must be

 377-1   recovered on a statewide average basis that is not distance

 377-2   sensitive.

 377-3         (c)  The rate for the service may not be higher than 105

 377-4   percent of the service's long run incremental cost, including

 377-5   installation.  (V.A.C.S. Art. 1446c-0, Sec. 3.359(b)(1)(E).)

 377-6         Sec. 58.261.  BROADBAND DIGITAL SPECIAL ACCESS SERVICE.  (a)

 377-7   An electing company shall provide to an entity described by Section

 377-8   58.253(a) broadband digital special access service to interexchange

 377-9   carriers.

377-10         (b)  The rate for the service may not be higher than 105

377-11   percent of the service's long run incremental cost, including

377-12   installation.  (V.A.C.S. Art. 1446c-0, Sec. 3.359(b)(1)(F).)

377-13         Sec. 58.262.  EXPANDED INTERCONNECTION.  (a)  On request of

377-14   an entity described by Section 58.253(a), an electing company shall

377-15   provide to the entity expanded interconnection (virtual

377-16   colocation).

377-17         (b)  The company shall provide expanded interconnection:

377-18               (1)  in accordance with commission rules adopted under

377-19   Subchapter H, Chapter 60; and

377-20               (2)  at 105 percent of long run incremental cost,

377-21   including installation.

377-22         (c)  An entity described by Section 58.253(a) is not required

377-23   to qualify for expanded interconnection if expanded interconnection

377-24   is ordered by the commission.  (V.A.C.S. Art. 1446c-0,

377-25   Sec. 3.359(b)(1)(G).)

377-26         Sec. 58.263.  INTERNET ACCESS.  (a)  This section applies

377-27   only to an educational institution or library in an exchange of an

 378-1   electing company serving more than five million access lines in

 378-2   which toll-free access to the Internet is not available.

 378-3         (b)  On request of the educational institution or library,

 378-4   the electing company shall make available a toll-free connection or

 378-5   toll-free dialing arrangement that the institution or library may

 378-6   use to obtain access to the Internet in an exchange in which

 378-7   toll-free access to the Internet is available.

 378-8         (c)  The electing company shall provide the connection or

 378-9   dialing arrangement at no charge to the educational institution or

378-10   library until Internet access becomes available in the exchange of

378-11   the requesting educational institution or library.

378-12         (d)  The electing company is not required to arrange for

378-13   Internet access or to pay Internet charges for the requesting

378-14   educational institution or library.  (V.A.C.S. Art. 1446c-0, Sec.

378-15   3.359(b)(5).)

378-16         Sec. 58.264.  COMPLAINTS LIMITED.  (a)  Notwithstanding any

378-17   other provision of this title, an electing company is subject to a

378-18   complaint under this subchapter only by an entity described by

378-19   Section 58.253(a).

378-20         (b)  An entity may only complain that the company provided a

378-21   private network service under this subchapter preferentially to a

378-22   similarly situated customer.  (V.A.C.S. Art. 1446c-0, Sec.

378-23   3.359(b)(1)(I).)

378-24         Sec. 58.265.  INTERCONNECTION OF NETWORK SERVICES.  The

378-25   private network services provided under this subchapter may be

378-26   interconnected with other similar networks for distance learning,

378-27   telemedicine, and information-sharing purposes.  (V.A.C.S.

 379-1   Art. 1446c-0, Sec. 3.359(c).)

 379-2         Sec. 58.266.  SHARING OR RESALE OF NETWORK SERVICES.  (a)  A

 379-3   private network service may be used by and shared among the

 379-4   entities described by Section 58.253(a) but may not be otherwise

 379-5   shared or resold to other customers.

 379-6         (b)  A service provided under this subchapter may not be

 379-7   required to be resold to another customer at a rate provided by

 379-8   this subchapter.

 379-9         (c)  This section does not prohibit an otherwise permitted

379-10   resale of another service that an electing company may offer

379-11   through the use of the same facilities used to provide a private

379-12   network service offered under this subchapter.  (V.A.C.S.

379-13   Art. 1446c-0, Sec. 3.359(d).)

379-14         Sec. 58.267.  IMPLEMENTATION COSTS; INCREASE IN RATES AND

379-15   UNIVERSAL SERVICE FUNDS.  The commission may not consider the cost

379-16   of implementing this subchapter in determining whether an electing

379-17   company is entitled to:

379-18               (1)  a rate increase under this chapter; or

379-19               (2)  increased universal service funds under Subchapter

379-20   B, Chapter 56.   (V.A.C.S. Art. 1446c-0, Sec. 3.359(g).)

379-21                    CHAPTER 59.  INFRASTRUCTURE PLAN

379-22                    SUBCHAPTER A.  GENERAL PROVISIONS

379-23   Sec. 59.001.  POLICY 

379-24   Sec. 59.002.  DEFINITIONS 

379-25             (Sections 59.003-59.020 reserved for expansion)

379-26                SUBCHAPTER B.  INFRASTRUCTURE INCENTIVES

379-27   Sec. 59.021.  ELECTION 

 380-1   Sec. 59.022.  WITHDRAWAL OF ELECTION 

 380-2   Sec. 59.023.  ELECTION UNDER CHAPTER 58 

 380-3   Sec. 59.024.  RATE CHANGES 

 380-4   Sec. 59.025.  SWITCHED ACCESS RATES 

 380-5   Sec. 59.026.  COMPLAINT OR HEARING 

 380-6   Sec. 59.027.  CONSUMER COMPLAINTS REGARDING TARIFFS 

 380-7   Sec. 59.028.  CONSUMER COMPLAINTS REGARDING SERVICES; ENFORCEMENT

 380-8                   OF STANDARDS 

 380-9   Sec. 59.029.  INVESTMENT LIMITATION ON SERVICE STANDARDS 

380-10             (Sections 59.030-59.050 reserved for expansion)

380-11           SUBCHAPTER C.  INFRASTRUCTURE COMMITMENT AND GOALS

380-12   Sec. 59.051.  INFRASTRUCTURE COMMITMENT 

380-13   Sec. 59.052.  INFRASTRUCTURE GOALS 

380-14   Sec. 59.053.  WAIVER OF INFRASTRUCTURE REQUIREMENTS 

380-15   Sec. 59.054.  PROGRESS REPORT 

380-16   Sec. 59.055.  IMPLEMENTATION COSTS; INCREASE IN RATES AND

380-17                   UNIVERSAL SERVICE FUNDS 

380-18             (Sections 59.056-59.070 reserved for expansion)

380-19      SUBCHAPTER D.  INFRASTRUCTURE COMMITMENT TO CERTAIN ENTITIES

380-20   Sec. 59.071.  DEFINITIONS 

380-21   Sec. 59.072.  PRIVATE NETWORK SERVICES FOR CERTAIN

380-22                   ENTITIES 

380-23   Sec. 59.073.  INVESTMENT PRIORITIES 

380-24   Sec. 59.074.  CONTRACTS FOR PRIVATE NETWORK SERVICES 

380-25   Sec. 59.075.  PREFERRED RATE TREATMENT WARRANTED 

380-26   Sec. 59.076.  ELECTION OF RATE TREATMENT 

380-27   Sec. 59.077.  PRIVATE NETWORK SERVICES RATES AND TARIFFS 

 381-1   Sec. 59.078.  PRIVATE LINE OR SPECIAL ACCESS RATES 

 381-2   Sec. 59.079.  COMPLAINTS LIMITED 

 381-3   Sec. 59.080.  INTERCONNECTION OF NETWORK SERVICES 

 381-4   Sec. 59.081.  SHARING OR RESALE OF NETWORK SERVICES 

 381-5   Sec. 59.082.  IMPLEMENTATION COSTS; INCREASE IN RATES AND

 381-6                   UNIVERSAL SERVICE FUNDS 

 381-7                    CHAPTER 59.  INFRASTRUCTURE PLAN

 381-8                    SUBCHAPTER A.  GENERAL PROVISIONS

 381-9         Sec. 59.001.  POLICY.  It is the policy of this state that an

381-10   incumbent local exchange company that does not elect to be

381-11   regulated under Chapter 58 should have incentives to deploy

381-12   infrastructure that will benefit the residents of this state while

381-13   maintaining reasonable local rates and universal service.

381-14   (V.A.C.S.  Art. 1446c-0, Sec. 3.401.)

381-15         Sec. 59.002.  DEFINITIONS.  In this chapter:

381-16               (1)  "Electing company" means an incumbent local

381-17   exchange company that elects for an infrastructure commitment and

381-18   corresponding regulation under this chapter.

381-19               (2)  "Election date" means the date on which the

381-20   commission receives notice of election under Subchapter B.

381-21   (V.A.C.S. Art. 1446c-0, Sec. 3.402(h); New.)

381-22             (Sections 59.003-59.020 reserved for expansion)

381-23                SUBCHAPTER B.  INFRASTRUCTURE INCENTIVES

381-24         Sec. 59.021.  ELECTION.  (a)  An incumbent local exchange

381-25   company may elect to make an infrastructure commitment and to be

381-26   subject to corresponding regulation under this chapter if the

381-27   company:

 382-1               (1)  serves less than five percent of the access lines

 382-2   in this state; and

 382-3               (2)  has not elected incentive regulation under Chapter

 382-4   58.

 382-5         (b)  A company makes the election by notifying the commission

 382-6   in writing of the company's election.  (V.A.C.S. Art. 1446c-0, Sec.

 382-7   3.402(a).)

 382-8         Sec. 59.022.  WITHDRAWAL OF ELECTION.  (a)  The commission

 382-9   may allow an electing company to withdraw the company's election

382-10   under this chapter:

382-11               (1)  on application by the company; and

382-12               (2)  only for good cause.

382-13         (b)  In this section, "good cause" includes only matters

382-14   beyond the control of the company.  (V.A.C.S. Art. 1446c-0, Sec.

382-15   3.402(e).)

382-16         Sec. 59.023.  ELECTION UNDER CHAPTER 58.  (a)  This chapter

382-17   does not prohibit a company electing under this chapter from

382-18   electing incentive regulation under Chapter 58.

382-19         (b)  If a company makes an election under Chapter 58, the

382-20   infrastructure commitment made under this chapter offsets the

382-21   infrastructure commitment required in connection with the Chapter

382-22   58 election. (V.A.C.S. Art. 1446c-0, Sec. 3.402(f).)

382-23         Sec. 59.024.  RATE CHANGES.  (a)  Except for the charges

382-24   permitted under Subchapter C, Chapter 55, Subchapter B, Chapter 56,

382-25   and Section 55.024, an electing company may not, on or before the

382-26   sixth anniversary of its election date, increase a rate previously

382-27   established for that company under this title unless the commission

 383-1   approves the proposed change as authorized under Subsection (c) or

 383-2   (d).

 383-3         (b)  For purposes of Subsection (a), the company's previously

 383-4   established rates are the rates charged by the company on its

 383-5   election date without regard to a proceeding pending under:

 383-6               (1)  Section 15.001;

 383-7               (2)  Subchapter D, Chapter 53; or

 383-8               (3)  Subchapter G, Chapter 2001, Government Code.

 383-9         (c)  The commission, on motion of the electing company or on

383-10   its own motion, shall adjust prices for services to reflect changes

383-11   in Federal Communications Commission separations that affect

383-12   intrastate net income by at least 10 percent.

383-13         (d)  The commission, on request of the electing company,

383-14   shall allow a rate group reclassification that results from access

383-15   line growth.

383-16         (e)  Section 58.059 applies to a rate change under this

383-17   section.  (V.A.C.S. Art. 1446c-0, Secs. 3.402(b), (c), (g) (part).)

383-18         Sec. 59.025.  SWITCHED ACCESS RATES.  Notwithstanding any

383-19   other provision of this title, the commission may not reduce an

383-20   electing company's rates for switched access services before the

383-21   expiration of the six-year period prescribed by Section 59.024.

383-22   (V.A.C.S.  Art. 1446c-0, Sec. 3.402(g) (part).)

383-23         Sec. 59.026.  COMPLAINT OR HEARING.  (a)  On or before the

383-24   sixth anniversary of the company's election date, an electing

383-25   company is not, under any circumstances, subject to:

383-26               (1)  a complaint or hearing regarding the

383-27   reasonableness of the company's:

 384-1                     (A)  rates;

 384-2                     (B)  overall revenues;

 384-3                     (C)  return on invested capital; or

 384-4                     (D)  net income; or

 384-5               (2)  a complaint that a rate is excessive.

 384-6         (b)  Subsection (a) applies only to a company that is in

 384-7   compliance with the company's infrastructure commitment under this

 384-8   chapter.

 384-9         (c)  This section does not prohibit a complaint, hearing, or

384-10   determination on an electing company's implementation of a

384-11   competitive safeguard required by Chapter 60.  (V.A.C.S.

384-12   Art. 1446c-0, Sec. 3.402(d) (part).)

384-13         Sec. 59.027.  CONSUMER COMPLAINTS REGARDING TARIFFS.  (a)

384-14   This chapter does not restrict:

384-15               (1)  a consumer's right to complain to the commission

384-16   about the application of an ambiguous tariff; or

384-17               (2)  the commission's right to determine:

384-18                     (A)  the proper application of that tariff; or

384-19                     (B)  the proper tariff rate if that tariff does

384-20   not apply.

384-21         (b)  This section does not permit the commission to:

384-22               (1)  lower a tariff rate except as specifically

384-23   provided by this title;

384-24               (2)  change the commission's interpretation of a

384-25   tariff; or

384-26               (3)  extend the application of a tariff to a new class

384-27   of customers.  (V.A.C.S. Art. 1446c-0, Sec. 3.402(d) (part).)

 385-1         Sec. 59.028.  CONSUMER COMPLAINTS REGARDING SERVICES;

 385-2   ENFORCEMENT OF STANDARDS.  This chapter does not restrict:

 385-3               (1)  a consumer's right to complain to the commission

 385-4   about quality of service; or

 385-5               (2)  the commission's right to enforce a quality of

 385-6   service standard.  (V.A.C.S. Art. 1446c-0, Sec.  3.402(d) (part).)

 385-7         Sec. 59.029.  INVESTMENT LIMITATION ON SERVICE STANDARDS.

 385-8   (a)  The commission may not raise a service standard applicable to

 385-9   the provision of local exchange telephone service by an electing

385-10   company if the increased investment required to comply with the

385-11   raised standard in any year exceeds 10 percent of the company's

385-12   average annual intrastate additions in capital investment for the

385-13   most recent five-year period.

385-14         (b)  In computing the average under Subsection (a), the

385-15   electing company shall exclude:

385-16               (1)  extraordinary investments made during the

385-17   five-year period; and

385-18               (2)  investments required by Section 59.052.  (V.A.C.S.

385-19   Art. 1446c-0, Secs. 3.402(d) (part), 3.403(b)(6).)

385-20             (Sections 59.030-59.050 reserved for expansion)

385-21           SUBCHAPTER C.  INFRASTRUCTURE COMMITMENT AND GOALS

385-22         Sec. 59.051.  INFRASTRUCTURE COMMITMENT.  (a)  An electing

385-23   company shall commit to make in this state, during the six years

385-24   after the election date, the telecommunications infrastructure

385-25   investment prescribed by this chapter.

385-26         (b)  The company shall make the commitment to the governor

385-27   and the commission in writing.  (V.A.C.S. Art. 1446c-0, Sec.

 386-1   3.403(a).)

 386-2         Sec. 59.052.  INFRASTRUCTURE GOALS.  (a)  The commission

 386-3   shall ensure that each electing company achieves the infrastructure

 386-4   goals described by this section.

 386-5         (b)  Each new central office switch installed for an electing

 386-6   company in this state after September 1, 1995, must be digital.

 386-7         (c)  An electing company shall make available to each

 386-8   customer in the company's territory access to end-to-end digital

 386-9   connectivity.  In this subsection, "make available" has the meaning

386-10   assigned by 16 T.A.C. Section 23.69.

386-11         (d)  In each electing company's territory, 50 percent of the

386-12   local exchange access lines must be served by a digital central

386-13   office switch.

386-14         (e)  An electing company's public switched network backbone

386-15   interoffice facilities must employ broadband facilities that serve

386-16   at least 50 percent of the local exchange access lines and are

386-17   capable of 45 or more megabits a second.  The company may employ

386-18   facilities at a lower bandwidth if technology permits the delivery

386-19   of video signal at the lower bandwidth at a quality level

386-20   comparable to a television broadcast signal.  The requirements of

386-21   this subsection do not apply to local loop facilities.

386-22         (f)  An electing company shall install Common Channel

386-23   Signaling 7 capability in each access tandem office.

386-24         (g)  The infrastructure goals specified by Subsections

386-25   (c)-(f) must be achieved not later than January 1, 2000.  (V.A.C.S.

386-26   Art. 1446c-0, Secs. 3.403(b)(1), (2), (3), (4), (5).)

386-27         Sec. 59.053.  WAIVER OF INFRASTRUCTURE REQUIREMENTS.  (a)

 387-1   For an electing company that serves fewer than one million lines,

 387-2   the commission may waive a requirement prescribed by Section 59.052

 387-3   if the company demonstrates that the investment is not viable

 387-4   economically.

 387-5         (b)  Before granting a waiver under Subsection (a), the

 387-6   commission must consider the public benefits that would result from

 387-7   compliance with the requirement.  (V.A.C.S.  Art. 1446c-0, Sec.

 387-8   3.403(d).)

 387-9         Sec. 59.054.  PROGRESS REPORT.  (a)  On each anniversary of

387-10   the company's election date, an electing company shall file with

387-11   the commission a report on the company's progress on its

387-12   infrastructure commitment.

387-13         (b)  The report must include a statement of:

387-14               (1)  the institutions requesting service under

387-15   Subchapter D;

387-16               (2)  the institutions served under Subchapter D;

387-17               (3)  the investments and expenses for the previous

387-18   period and the total investments and expenses for all periods; and

387-19               (4)  other information the commission considers

387-20   necessary.  (V.A.C.S. Art. 1446c-0, Sec. 3.403(g).)

387-21         Sec. 59.055.  IMPLEMENTATION COSTS; INCREASE IN RATES AND

387-22   UNIVERSAL SERVICE FUNDS.  The commission may not consider the cost

387-23   of implementing Section 59.052 in determining whether an electing

387-24   company is entitled to:

387-25               (1)  a rate increase under this chapter; or

387-26               (2)  increased universal service funds under Subchapter

387-27   B, Chapter 56.  (V.A.C.S. Art. 1446c-0, Sec. 3.403(e) (part).)

 388-1             (Sections 59.056-59.070 reserved for expansion)

 388-2      SUBCHAPTER D.  INFRASTRUCTURE COMMITMENT TO CERTAIN ENTITIES

 388-3         Sec. 59.071.  DEFINITIONS.  In this subchapter:

 388-4               (1)  "Educational institution" has the meaning assigned

 388-5   by Section 57.021.

 388-6               (2)  "Library" has the meaning assigned by Section

 388-7   57.042.

 388-8               (3)  "Private network services" means

 388-9   telecommunications services provided to an entity described by

388-10   Section 59.072(a), including broadband services, customized

388-11   services, and packaged network services.

388-12               (4)  "Telemedicine center" means a facility that is

388-13   equipped to transmit, by video or data service, medical information

388-14   for the diagnosis or treatment of illness or disease and that is:

388-15                     (A)  owned or operated by a public or

388-16   not-for-profit hospital; or

388-17                     (B)  owned by a state-licensed health care

388-18   practitioner and operated on a nonprofit basis.  (V.A.C.S.

388-19   Art. 1446c-0, Secs. 3.403(f)(1) (part), (2); New.)

388-20         Sec. 59.072.  PRIVATE NETWORK SERVICES FOR CERTAIN ENTITIES.

388-21   (a)  On customer request, an electing company shall provide private

388-22   network services to:

388-23               (1)  an educational institution;

388-24               (2)  a library;

388-25               (3)  a telemedicine center; or

388-26               (4)  a legally constituted consortium or group of

388-27   entities listed in this subsection.

 389-1         (b)  Except as provided by Section 59.081, the electing

 389-2   company shall provide the private network services for the private

 389-3   and sole use of the receiving entity.  However, the company may

 389-4   provide the services with a facility that is used to provide

 389-5   another service to another customer.

 389-6         (c)  The customers listed in Subsection (a) are a special

 389-7   class of customers for purposes of the private network for distance

 389-8   learning, telemedicine, and information-sharing purposes.

 389-9   (V.A.C.S. Art. 1446c-0, Secs. 3.403(c)(1), (12), (f)(1) (part).)

389-10         Sec. 59.073.  INVESTMENT PRIORITIES.  An electing company

389-11   shall give investment priority to serving:

389-12               (1)  rural areas;

389-13               (2)  areas designated as critically underserved

389-14   medically or educationally; and

389-15               (3)  educational institutions with high percentages of

389-16   economically disadvantaged students.  (V.A.C.S. Art. 1446c-0, Sec.

389-17   3.403(c)(2).)

389-18         Sec. 59.074.  CONTRACTS FOR PRIVATE NETWORK SERVICES.  (a)

389-19   An electing company shall provide a private network service under a

389-20   customer-specific contract.

389-21         (b)  An electing company shall offer private network service

389-22   contracts under this subchapter at 110 percent of the long run

389-23   incremental cost of providing the private network service,

389-24   including installation costs.

389-25         (c)  Each contract shall be filed with the commission.

389-26   Commission approval of a contract is not required.  (V.A.C.S.

389-27   Art. 1446c-0, Secs. 3.403(c)(3), (4), (5).)

 390-1         Sec. 59.075.  PREFERRED RATE TREATMENT WARRANTED.  The

 390-2   classes of customers described by Section 59.072(a) warrant

 390-3   preferred rate treatment.  However, a rate charged for a service

 390-4   must cover the service's long run incremental cost.  (V.A.C.S.

 390-5   Art. 1446c-0, Sec. 3.403(c)(6).)

 390-6         Sec. 59.076.  ELECTION OF RATE TREATMENT.  An educational

 390-7   institution or a library may elect the rate treatment provided by

 390-8   this subchapter or the discount provided by Subchapter B, Chapter

 390-9   57.  (V.A.C.S. Art. 1446c-0, Sec. 3.403(c)(9).)

390-10         Sec. 59.077.  PRIVATE NETWORK SERVICES RATES AND TARIFFS.

390-11   (a)  Notwithstanding the pricing flexibility authorized by this

390-12   subtitle, an electing company's rates for private network services

390-13   may not be increased on or before the sixth anniversary of the

390-14   company's election date.

390-15         (b)  An electing company may not assess an entity described

390-16   by Section 59.072(a) a tariffed special construction or

390-17   installation charge unless the company and the entity agree on the

390-18   assessment.  (V.A.C.S. Art. 1446c-0, Secs. 3.403(c)(8), (10).)

390-19         Sec. 59.078.  PRIVATE LINE OR SPECIAL ACCESS RATES.  (a)  On

390-20   request by an educational institution or a library, an electing

390-21   company shall provide 1.544 megabits a second private line or

390-22   special access service at 110 percent of the service's long run

390-23   incremental cost, including installation costs.

390-24         (b)  The rate provided by Subsection (a) is in lieu of the

390-25   discount provided by Subchapter B, Chapter 57.  (V.A.C.S.

390-26   Art. 1446c-0, Sec.  3.403(c)(11).)

390-27         Sec. 59.079.  COMPLAINTS LIMITED.  Notwithstanding any other

 391-1   provision of this title, an electing company is subject to a

 391-2   complaint under Subchapter C or this subchapter only by an entity

 391-3   described by Section 59.072(a).  (V.A.C.S. Art. 1446c-0, Sec.

 391-4   3.403(c)(7).)

 391-5         Sec. 59.080.  INTERCONNECTION OF NETWORK SERVICES.  The

 391-6   private network services provided under this subchapter may be

 391-7   interconnected with other similar networks for distance learning,

 391-8   telemedicine, and information-sharing purposes.  (V.A.C.S.

 391-9   Art. 1446c-0, Sec.  3.403(c)(13).)

391-10         Sec. 59.081.  SHARING OR RESALE OF NETWORK SERVICES.  (a)  A

391-11   private network service may be used and shared among the entities

391-12   described by Section 59.072(a) but may not be otherwise shared or

391-13   resold to other customers.

391-14         (b)  A service provided under this subchapter may not be

391-15   required to be resold to other customers at a rate provided by this

391-16   subchapter.

391-17         (c)  This section does not prohibit an otherwise permitted

391-18   resale of another service that an electing company may offer

391-19   through the use of the same facilities used to provide a private

391-20   network service offered under this subchapter.  (V.A.C.S.

391-21   Art. 1446c-0, Sec. 3.403(c)(14).)

391-22         Sec. 59.082.  IMPLEMENTATION COSTS; INCREASE IN RATES AND

391-23   UNIVERSAL SERVICE FUNDS.  The commission may not consider the cost

391-24   of implementing this subchapter in determining whether an electing

391-25   company is entitled to:

391-26               (1)  a rate increase under this chapter; or

391-27               (2)  increased universal service funds under Subchapter

 392-1   B, Chapter 56.  (V.A.C.S. Art. 1446c-0, Sec. 3.403(e) (part).)

 392-2                   CHAPTER 60.  COMPETITIVE SAFEGUARDS

 392-3                    SUBCHAPTER A.  GENERAL PROVISIONS

 392-4   Sec. 60.001.  FAIR COMPETITION 

 392-5   Sec. 60.002.  EXCLUSIVE JURISDICTION; ENFORCEMENT 

 392-6   Sec. 60.003.  COMMISSION AUTHORITY 

 392-7   Sec. 60.004.  APPLICABILITY TO CERTAIN SMALLER INCUMBENT LOCAL

 392-8                   EXCHANGE COMPANIES; RULES 

 392-9   Sec. 60.0041.  APPLICABILITY TO CERTAIN SMALLER INCUMBENT LOCAL

392-10                   EXCHANGE COMPANIES 

392-11   Sec. 60.005.  APPLICABILITY TO CERTAIN LARGER INCUMBENT LOCAL

392-12                   EXCHANGE COMPANIES; RULES 

392-13   Sec. 60.006.  BULLETIN BOARD SYSTEMS UNAFFECTED 

392-14             (Sections 60.007-60.020 reserved for expansion)

392-15                        SUBCHAPTER B.  UNBUNDLING

392-16   Sec. 60.021.  MINIMUM UNBUNDLING REQUIREMENT 

392-17   Sec. 60.022.  COMMISSION UNBUNDLING ORDERS 

392-18   Sec. 60.023.  ASSIGNMENT OF UNBUNDLED COMPONENT TO CATEGORY

392-19                   OF SERVICE 

392-20             (Sections 60.024-60.040 reserved for expansion)

392-21                          SUBCHAPTER C.  RESALE

392-22   Sec. 60.041.  LOOP RESALE TARIFF 

392-23   Sec. 60.042.  PROHIBITED RESALE OR SHARING 

392-24   Sec. 60.043.  RESALE OBLIGATION 

392-25   Sec. 60.044.  ELIMINATION OF RESALE PROHIBITIONS 

392-26   Sec. 60.045.  RESALE OR SHARING ARRANGEMENTS UNAFFECTED 

392-27             (Sections 60.046-60.060 reserved for expansion)

 393-1                        SUBCHAPTER D.  IMPUTATION

 393-2   Sec. 60.061.  RULES 

 393-3   Sec. 60.062.  EXCEPTION FOR CAPPED PRICE 

 393-4   Sec. 60.063.  IMPUTATION FOR SWITCHED ACCESS 

 393-5   Sec. 60.064.  RECOVERY OF COST OF PROVIDING SERVICE 

 393-6   Sec. 60.065.  WAIVERS 

 393-7             (Sections 60.066-60.080 reserved for expansion)

 393-8          SUBCHAPTER E.  TELECOMMUNICATIONS NUMBER PORTABILITY

 393-9   Sec. 60.081.  DEFINITION 

393-10   Sec. 60.082.  PORTABILITY GUIDELINES 

393-11   Sec. 60.083.  INTERIM RETENTION OF CONSUMER NUMBERS 

393-12   Sec. 60.084.  RATES FOR INTERIM PORTABILITY MEASURES 

393-13             (Sections 60.085-60.100 reserved for expansion)

393-14                         SUBCHAPTER F.  PRICING

393-15   Sec. 60.101.  PRICING RULE 

393-16   Sec. 60.102.  ADOPTION OF COST STUDIES BY CERTAIN COMPANIES 

393-17             (Sections 60.103-60.120 reserved for expansion)

393-18                     SUBCHAPTER G.  INTERCONNECTION

393-19   Sec. 60.121.  DEFINITION 

393-20   Sec. 60.122.  EXCLUSIVE JURISDICTION 

393-21   Sec. 60.123.  INAPPLICABILITY OF SUBCHAPTER 

393-22   Sec. 60.124.  INTEROPERABLE NETWORKS REQUIRED 

393-23   Sec. 60.125.  DETERMINATION OF INTERCONNECTION RATES 

393-24   Sec. 60.126.  INTERCONNECTIVITY NEGOTIATIONS; DISPUTE

393-25                   RESOLUTION 

393-26   Sec. 60.127.  ADOPTION OF APPROVED INTERCONNECTION RATES 

393-27   Sec. 60.128.  USE OF RATES RESTRICTED 

 394-1             (Sections 60.129-60.140 reserved for expansion)

 394-2                 SUBCHAPTER H.  EXPANDED INTERCONNECTION

 394-3   Sec. 60.141.  EXPANDED INTERCONNECTION RULES 

 394-4             (Sections 60.142-60.160 reserved for expansion)

 394-5           SUBCHAPTER I.  LOCAL EXCHANGE COMPANY REQUIREMENTS

 394-6   Sec. 60.161.  INCUMBENT LOCAL EXCHANGE COMPANY REQUIREMENTS 

 394-7   Sec. 60.162.  EXPANDED INTERCONNECTION 

 394-8   Sec. 60.163.  INFRASTRUCTURE SHARING 

 394-9                   CHAPTER 60.  COMPETITIVE SAFEGUARDS

394-10                    SUBCHAPTER A.  GENERAL PROVISIONS

394-11         Sec. 60.001.  FAIR COMPETITION.  To the extent necessary to

394-12   ensure that competition in telecommunications is fair to each

394-13   participant and to accelerate the improvement of telecommunications

394-14   in this state, the commission shall ensure that the rates and rules

394-15   of an incumbent local exchange company:

394-16               (1)  are not unreasonably preferential, prejudicial, or

394-17   discriminatory; and

394-18               (2)  are applied equitably and consistently.  (V.A.C.S.

394-19   Art. 1446c-0, Sec. 3.451(a).)

394-20         Sec. 60.002.  EXCLUSIVE JURISDICTION; ENFORCEMENT.  (a)  The

394-21   commission has exclusive jurisdiction to implement competitive

394-22   safeguards.

394-23         (b)  Section 58.025 does not prevent the commission from

394-24   enforcing this chapter.  (V.A.C.S. Art. 1446c-0, Secs. 3.451(b),

394-25   (c).)

394-26         Sec. 60.003.  COMMISSION AUTHORITY.  (a)  The commission may:

394-27               (1)  establish procedures with respect to a policy

 395-1   stated in this subchapter or Subchapters B-H; and

 395-2               (2)  resolve a dispute that arises under a policy

 395-3   described by Subdivision (1).

 395-4         (b)  The commission shall adopt procedures for a proceeding

 395-5   under Subchapters B and C.  A procedure may:

 395-6               (1)  limit discovery; and

 395-7               (2)  for purposes of cross-examination align any party,

 395-8   other than the office, with another party that has a similar

 395-9   position.

395-10         (c)  In adopting a procedure under this section and in

395-11   resolving a dispute, the commission shall consider the action's

395-12   effect on:

395-13               (1)  consumers;

395-14               (2)  competitors; and

395-15               (3)  the incumbent local exchange company.

395-16         (d)  The commission, by order or rule, may not implement a

395-17   requirement that is contrary to a federal law or rule.  (V.A.C.S.

395-18   Art. 1446c-0, Sec. 3.460.)

395-19         Sec. 60.004.  APPLICABILITY TO CERTAIN SMALLER INCUMBENT

395-20   LOCAL EXCHANGE COMPANIES; RULES.  (a)  Subchapters B, C, and H may

395-21   be applied to an incumbent local exchange company that serves fewer

395-22   than 31,000 access lines only on a bona fide request from a

395-23   certificated telecommunications utility.

395-24         (b)  In applying the rules adopted under Subchapters B, C,

395-25   and H to a company described by Subsection (a), the commission may

395-26   modify the rules in the public interest.

395-27         (c)  This section takes effect September 1, 1998.  (V.A.C.S.

 396-1   Art. 1446c-0, Sec. 3.461 (part).)

 396-2         Sec. 60.0041.  APPLICABILITY TO CERTAIN SMALLER INCUMBENT

 396-3   LOCAL EXCHANGE COMPANIES.  (a)  Subchapters B, C, E, G, and H do

 396-4   not apply to an incumbent local exchange company that serves fewer

 396-5   than 31,000 access lines.

 396-6         (b)  This section expires September 1, 1998.  (V.A.C.S.

 396-7   Art. 1446c-0, Sec.  3.461 (part).)

 396-8         Sec. 60.005.  APPLICABILITY TO CERTAIN LARGER INCUMBENT LOCAL

 396-9   EXCHANGE COMPANIES; RULES.  (a)  Subchapters B, D, and F may be

396-10   applied to an incumbent local exchange company that, as of

396-11   September 1, 1995, has 31,000 or more access lines in this state

396-12   but fewer than 1,000,000 access lines in this state only on a bona

396-13   fide request from a holder of a certificate of operating authority

396-14   or a service provider certificate of operating authority.

396-15         (b)  In applying the rules adopted under Subchapters B, D,

396-16   and F to a company described by Subsection (a), the commission may

396-17   modify the rules in the public interest.  (V.A.C.S.  Art. 1446c-0,

396-18   Sec. 3.462.)

396-19         Sec. 60.006.  BULLETIN BOARD SYSTEMS UNAFFECTED.  This

396-20   subtitle does not:

396-21               (1)  require the commission to change the rate

396-22   treatment established by the commission in Docket No. 8387 for a

396-23   bulletin board system in a residence;

396-24               (2)  regulate or tax a bulletin board system or

396-25   Internet service provider that provides only enhanced or

396-26   information services and that does not provide a telecommunications

396-27   service; or

 397-1               (3)  require a change in a rate charged to an entity

 397-2   described by Subdivision (2) under a tariff in effect on September

 397-3   1, 1995.  (V.A.C.S.  Art. 1446c-0, Sec. 3.459(c).)

 397-4             (Sections 60.007-60.020 reserved for expansion)

 397-5                        SUBCHAPTER B.  UNBUNDLING

 397-6         Sec. 60.021.  MINIMUM UNBUNDLING REQUIREMENT.  At a minimum,

 397-7   an incumbent local exchange company shall unbundle its network to

 397-8   the extent the Federal Communications Commission orders.  (V.A.C.S.

 397-9   Art. 1446c-0, Sec.  3.452(a).)

397-10         Sec. 60.022.  COMMISSION UNBUNDLING ORDERS.  (a)  The

397-11   commission may adopt an order relating to the issue of unbundling

397-12   of local exchange company services in addition to the unbundling

397-13   required by Section 60.021.

397-14         (b)  Before ordering further unbundling, the commission must

397-15   consider the public interest and competitive merits of further

397-16   unbundling.

397-17         (c)  On the request of a party, the commission shall proceed

397-18   by evidentiary hearing.  If a request for a hearing is not made,

397-19   the commission may proceed by rulemaking.  (V.A.C.S. Art. 1446c-0,

397-20   Secs. 3.452(b), (c).)

397-21         Sec. 60.023.  ASSIGNMENT OF UNBUNDLED COMPONENT TO CATEGORY

397-22   OF SERVICE.  The commission may assign an unbundled component to

397-23   the appropriate category of services under Chapter 58 according to

397-24   the purposes and intents of the categories.  (V.A.C.S.

397-25   Art. 1446c-0, Sec. 3.452(d).)

397-26             (Sections 60.024-60.040 reserved for expansion)

 398-1                          SUBCHAPTER C.  RESALE

 398-2         Sec. 60.041.  LOOP RESALE TARIFF.  (a)  An incumbent local

 398-3   exchange company that on September 1, 1995, serves 1,000,000 or

 398-4   more access lines or that on or before September 1, 1995, elects

 398-5   regulation under Chapter 58 shall file a usage sensitive loop

 398-6   resale tariff.

 398-7         (b)  An incumbent local exchange company shall file a usage

 398-8   sensitive loop resale tariff not later than the 60th day after the

 398-9   date a certificate of operating authority or a service provider

398-10   certificate of operating authority is granted under Chapter 54 if

398-11   the company:

398-12               (1)  serves fewer than 1,000,000 access lines; and

398-13               (2)  is not an electing company under Chapter 58.

398-14         (c)  The commission shall conduct an appropriate proceeding

398-15   to determine the rates and terms of the resale tariff not later

398-16   than the 180th day after the date the tariff is filed.

398-17         (d)  The commission may not approve a usage sensitive rate

398-18   unless the rate recovers:

398-19               (1)  the total long run incremental cost of the loop on

398-20   an unseparated basis; and

398-21               (2)  an appropriate contribution to joint and common

398-22   costs.

398-23         (e)  Except as provided by Section 60.044, a person may not

398-24   purchase from the resale tariff unless the person is the holder of:

398-25               (1)  a certificate of convenience and necessity;

398-26               (2)  a certificate of operating authority; or

398-27               (3)  a service provider certificate of operating

 399-1   authority.

 399-2         (f)  In this section, "loop resale" means the purchase of the

 399-3   local distribution channel or loop facility from the incumbent

 399-4   local exchange company to resell to end user customers.  (V.A.C.S.

 399-5   Art. 1446c-0, Secs.  3.453(a), (b), (c).)

 399-6         Sec. 60.042.  PROHIBITED RESALE OR SHARING.  A provider of

 399-7   telecommunications service may not impose a restriction on the

 399-8   resale or sharing of a service:

 399-9               (1)  for which the provider is not a dominant provider;

399-10   or

399-11               (2)  entitled to regulatory treatment as a competitive

399-12   service under Subchapter E, Chapter 58, if the provider is a

399-13   company electing regulation under Chapter 58.  (V.A.C.S.

399-14   Art. 1446c-0, Sec.  3.453(d).)

399-15         Sec. 60.043.  RESALE OBLIGATION.  A holder of a certificate

399-16   of operating authority or a service provider certificate of

399-17   operating authority shall permit a local exchange company to resell

399-18   the holder's loop facilities at the holder's regularly published

399-19   rates if the local exchange company:

399-20               (1)  does not have loop facilities; and

399-21               (2)  has a request for service.  (V.A.C.S.

399-22   Art. 1446c-0, Sec.  3.453(e).)

399-23         Sec. 60.044.  ELIMINATION OF RESALE PROHIBITIONS.  (a)

399-24   Except as provided by Subsections (c) and (d), the commission shall

399-25   eliminate all resale prohibitions in the tariffs of an electing

399-26   company on the:

399-27               (1)  completion of the commission's costing and pricing

 400-1   rulemaking;

 400-2               (2)  completion of rate rebalancing of the incumbent

 400-3   local exchange company rates under Subchapter F; and

 400-4               (3)  removal of all prohibitions on an incumbent local

 400-5   exchange company's provision of interLATA services.

 400-6         (b)  Except as provided by Subsections (c) and (d), the

 400-7   commission shall eliminate all resale prohibitions in the tariffs

 400-8   of an electing company that has 1,000,000 access lines or more on

 400-9   removal of all prohibitions on the company's provision of interLATA

400-10   service.

400-11         (c)  After the resale prohibitions are eliminated under this

400-12   section:

400-13               (1)  the commission shall continue to prohibit the

400-14   resale of local exchange or directory assistance flat rate services

400-15   as a substitute for usage sensitive services; and

400-16               (2)  residence service may not be resold to a business

400-17   customer.

400-18         (d)  A service or function may be offered for resale only to

400-19   the same class of customer to which the incumbent local exchange

400-20   company sells the service if the commission finds that:

400-21               (1)  as a result of the costing and pricing proceeding

400-22   the rate for the service or function will be less than the cost of

400-23   providing the service or function; and

400-24               (2)  the difference in rate and cost will not be

400-25   recovered from the universal service fund.  (V.A.C.S.

400-26   Art. 1446c-0, Sec. 3.453(f).)

400-27         Sec. 60.045.  RESALE OR SHARING ARRANGEMENTS UNAFFECTED.

 401-1   This subchapter does not change a resale or sharing arrangement

 401-2   permitted in an incumbent local exchange company tariff that:

 401-3               (1)  existed on September 1, 1995; or

 401-4               (2)  was filed on or before May 1, 1995, by an

 401-5   incumbent local exchange company that serves more than 5,000,000

 401-6   access lines in this state.  (V.A.C.S. Art. 1446c-0, Sec.

 401-7   3.453(g).)

 401-8             (Sections 60.046-60.060 reserved for expansion)

 401-9                        SUBCHAPTER D.  IMPUTATION

401-10         Sec. 60.061.  RULES.  (a)  The commission shall adopt rules

401-11   governing imputation of the price of a service.

401-12         (b)  Imputation is a regulatory policy the commission shall

401-13   apply to prevent an incumbent local exchange company from selling a

401-14   service or function to another telecommunications utility at a

401-15   price that is higher than the rate the incumbent local exchange

401-16   company implicitly includes in services it provides to the

401-17   company's retail customers.

401-18         (c)  The commission may require imputation only of the price

401-19   of a service that is:

401-20               (1)  not generally available from a source other than

401-21   the incumbent local exchange company; and

401-22               (2)  necessary for the competitor to provide a

401-23   competing service.

401-24         (d)  The commission may require imputation only on a

401-25   service-by-service basis and may not require imputation on a

401-26   rate-element-by-element basis.

401-27         (e)  For a service for which the commission may require

 402-1   imputation under Subsection (c) and that is provided under a

 402-2   customer specific contract, the commission:

 402-3               (1)  may require imputation only on a

 402-4   service-by-service basis within the contract; and

 402-5               (2)  may not require imputation on a

 402-6   rate-element-by-element basis.  (V.A.C.S. Art. 1446c-0, Secs.

 402-7   3.454(a), (b), (c), (f), (g).)

 402-8         Sec. 60.062.  EXCEPTION FOR CAPPED PRICE.  The commission may

 402-9   not require imputation of the price to a local exchange telephone

402-10   service while the price is capped under Chapter 58 or 59.

402-11   (V.A.C.S. Art. 1446c-0, Sec. 3.454(d).)

402-12         Sec. 60.063.  IMPUTATION FOR SWITCHED ACCESS.  The commission

402-13   shall impute the price of switched access service to the price of

402-14   each service for which switched access service is a component until

402-15   switched access service is competitively available.  (V.A.C.S.

402-16   Art. 1446c-0, Sec.  3.454(e).)

402-17         Sec. 60.064.  RECOVERY OF COST OF PROVIDING SERVICE.  (a)  An

402-18   incumbent local exchange company shall demonstrate that the price

402-19   it charges for retail service recovers the cost of providing the

402-20   service.

402-21         (b)  For purposes of this section, the cost of providing the

402-22   service is the sum of:

402-23               (1)  each specifically tariffed premium rate for each

402-24   noncompetitive service or service function, or each element of a

402-25   noncompetitive service or service function, or the functional

402-26   equivalent, that is used to provide the service;

402-27               (2)  the total service long run incremental cost of the

 403-1   competitive services or service functions that are used;

 403-2               (3)  each cost, not reflected in Subdivision (1) or

 403-3   (2), that is specifically associated with providing the service or

 403-4   group of services; and

 403-5               (4)  each cost or surcharge associated with an explicit

 403-6   subsidy applied to all providers of the service to promote

 403-7   universal service.  (V.A.C.S. Art. 1446c-0, Sec. 3.454(h).)

 403-8         Sec. 60.065.  WAIVERS.  If the commission determines that a

 403-9   waiver is in the public interest, the commission may waive an

403-10   imputation requirement for a public interest service such as:

403-11               (1)  9-1-1 service; or

403-12               (2)  dual party relay service.  (V.A.C.S. Art. 1446c-0,

403-13   Sec. 3.454(i).)

403-14             (Sections 60.066-60.080 reserved for expansion)

403-15          SUBCHAPTER E.  TELECOMMUNICATIONS NUMBER PORTABILITY

403-16         Sec. 60.081.  DEFINITION.  In this subchapter,

403-17   "telecommunications number portability" means the ability of a

403-18   telecommunications services user who is changing from one

403-19   telecommunications service provider to another provider to retain a

403-20   telephone number, to the extent technically feasible, without

403-21   impairing the quality, reliability, or convenience of service.

403-22   (V.A.C.S. Art. 1446c-0, Sec. 3.455(b).)

403-23         Sec. 60.082.  PORTABILITY GUIDELINES.  (a)  Because a uniform

403-24   national number plan is valuable and necessary to this state, the

403-25   commission by rule shall adopt guidelines governing

403-26   telecommunications number portability and the assignment of

403-27   telephone numbers in a competitively neutral manner.

 404-1         (b)  The rules may not be inconsistent with the rules and

 404-2   regulations of the Federal Communications Commission regarding

 404-3   telecommunications number portability.  (V.A.C.S. Art. 1446c-0,

 404-4   Sec. 3.455(a).)

 404-5         Sec. 60.083.  INTERIM RETENTION OF CONSUMER NUMBERS.  As an

 404-6   interim measure, the commission shall adopt reasonable mechanisms,

 404-7   including, at minimum, the use of call forwarding and direct inward

 404-8   dialing, to allow consumers to retain their telephone numbers.

 404-9   (V.A.C.S. Art. 1446c-0, Sec. 3.455(c) (part).)

404-10         Sec. 60.084.  RATES FOR INTERIM PORTABILITY MEASURES.  (a)

404-11   An incumbent local exchange company with 1,000,000 or more access

404-12   lines shall file tariffs, and the commission shall determine

404-13   reasonable rates to be charged by the company for:

404-14               (1)  call forwarding;

404-15               (2)  direct inward dialing; and

404-16               (3)  any other mechanism the commission determines

404-17   should be used as an interim telecommunications number portability

404-18   measure by a new entrant.

404-19         (b)  An incumbent local exchange company with fewer than

404-20   1,000,000 access lines that serves an area in which a certificate

404-21   of operating authority or a service provider certificate of

404-22   operating authority has been granted shall, not later than the 60th

404-23   day after the date of a bona fide request, file tariffs in

404-24   accordance with Subsection (a).

404-25         (c)  Not later than the 60th day after the date a company

404-26   files tariffs under Subsection (b), the commission shall determine

404-27   reasonable rates in accordance with Subsection (a).  (V.A.C.S.

 405-1   Art. 1446c-0, Sec. 3.455(c) (part).)

 405-2             (Sections 60.085-60.100 reserved for expansion)

 405-3                         SUBCHAPTER F.  PRICING

 405-4         Sec. 60.101.  PRICING RULE.  (a)  The commission shall adopt

 405-5   a pricing rule.

 405-6         (b)  In adopting the pricing rule, the commission shall:

 405-7               (1)  ensure that each price for a monopoly service

 405-8   remains affordable;

 405-9               (2)  ensure that each price for competitive service is

405-10   not:

405-11                     (A)  unreasonably preferential, prejudicial, or

405-12   discriminatory;

405-13                     (B)  directly or indirectly subsidized by a

405-14   noncompetitive service; or

405-15                     (C)  predatory or anticompetitive; and

405-16               (3)  require that each service recover the appropriate

405-17   costs, including joint and common costs, of each facility and

405-18   function used to provide the service.  (V.A.C.S. Art. 1446c-0,

405-19   Secs. 3.457(a)(1) (part), (b).)

405-20         Sec. 60.102.  ADOPTION OF COST STUDIES BY CERTAIN COMPANIES.

405-21   The commission shall allow an incumbent local exchange company that

405-22   is not a Tier 1 local exchange company on September 1, 1995, to

405-23   adopt, at that company's option, the cost studies approved by the

405-24   commission for a Tier 1 local exchange company.  (V.A.C.S.

405-25   Art. 1446c-0, Sec. 3.457(c).)

405-26             (Sections 60.103-60.120 reserved for expansion)

 406-1                     SUBCHAPTER G.  INTERCONNECTION

 406-2         Sec. 60.121.  DEFINITION.  In this subchapter,

 406-3   "interconnection" means, for calls that originate and terminate in

 406-4   this state, the termination of local intraexchange traffic of

 406-5   another local exchange company or holder of a service provider

 406-6   certificate of operating authority within the local calling area of

 406-7   the terminating local exchange company or certificate holder.

 406-8   (V.A.C.S. Art. 1446c-0, Sec. 3.458(a) (part).)

 406-9         Sec. 60.122.  EXCLUSIVE JURISDICTION.  The commission has

406-10   exclusive jurisdiction to determine rates and terms for

406-11   interconnection for a holder of a certificate of convenience and

406-12   necessity, a certificate of operating authority, or a service

406-13   provider certificate of operating authority.   (V.A.C.S.

406-14   Art. 1446c-0, Sec. 3.458(h).)

406-15         Sec. 60.123.  INAPPLICABILITY OF SUBCHAPTER.  This subchapter

406-16   does not apply to a rate for the existing termination of cellular

406-17   or interexchange traffic.  (V.A.C.S. Art. 1446c-0, Sec. 3.458(a)

406-18   (part).)

406-19         Sec. 60.124.  INTEROPERABLE NETWORKS REQUIRED.  (a)  The

406-20   commission shall require each telecommunications provider to

406-21   maintain interoperable networks.

406-22         (b)  The commission may:

406-23               (1)  adopt rules, including generic rules that are

406-24   responsive to changes in federal law or a development in the local

406-25   exchange market; and

406-26               (2)  set policies governing interconnection

406-27   arrangements.  (V.A.C.S. Art. 1446c-0, Secs. 3.458(b) (part), (f).)

 407-1         Sec. 60.125.  DETERMINATION OF INTERCONNECTION RATES.  (a)

 407-2   Telecommunications providers shall negotiate network

 407-3   interconnectivity, charges, and terms.

 407-4         (b)  If interconnectivity, charges, and terms are

 407-5   successfully negotiated, the commission shall approve the

 407-6   interconnection rates.

 407-7         (c)  If telecommunications providers do not enter into a

 407-8   mutually agreed compensation rate under this section, each provider

 407-9   shall reciprocally terminate the other provider's traffic at no

407-10   charge for the first nine months after the date the first call is

407-11   terminated between the providers.

407-12         (d)  During the nine-month period prescribed by Subsection

407-13   (c), the commission shall complete a proceeding to establish

407-14   reciprocal interconnection rates and terms.  The commission shall

407-15   establish reciprocal interconnection rates and terms based solely

407-16   on the commission proceeding.

407-17         (e)  In establishing the initial interconnection rate, the

407-18   commission may not require cost studies from the new entrant.

407-19         (f)  On or after the third anniversary of the date the first

407-20   call is terminated between the providers, the commission, on

407-21   receipt of a complaint, may require cost studies by a new entrant

407-22   to establish interconnection rates. (V.A.C.S.  Art. 1446c-0, Secs.

407-23   3.458(b) (part), (c), (d).)

407-24         Sec. 60.126.  INTERCONNECTIVITY NEGOTIATIONS; DISPUTE

407-25   RESOLUTION.  The commission may resolve a dispute filed by a party

407-26   to a negotiation under Section 60.125(a).  (V.A.C.S. Art. 1446c-0,

407-27   Sec. 3.458(b) (part).)

 408-1         Sec. 60.127.  ADOPTION OF APPROVED INTERCONNECTION RATES.

 408-2   (a)  An incumbent local exchange company may adopt the

 408-3   interconnection rates the commission approves for a larger

 408-4   incumbent local exchange company without additional cost

 408-5   justification.

 408-6         (b)  If an incumbent local exchange company does not adopt

 408-7   the interconnection rates of a larger company or negotiates under

 408-8   Section 60.125(a), the company is governed by Sections

 408-9   60.125(c)-(f).

408-10         (c)  If the incumbent local exchange company adopts the

408-11   interconnection rates of another incumbent local exchange company,

408-12   the new entrant may adopt those rates as the new entrant's

408-13   interconnection rates.

408-14         (d)  If the incumbent local exchange company elects to file

408-15   its own tariff, the new entrant must also file its own

408-16   interconnection tariff. (V.A.C.S. Art. 1446c-0, Sec.  3.458(e).)

408-17         Sec. 60.128.  USE OF RATES RESTRICTED.  The commission may

408-18   not use interconnection rates under this subchapter as a basis to

408-19   alter interconnection rates for other services. (V.A.C.S.

408-20   Art. 1446c-0, Sec.  3.458(g).)

408-21             (Sections 60.129-60.140 reserved for expansion)

408-22                 SUBCHAPTER H.  EXPANDED INTERCONNECTION

408-23         Sec. 60.141.  EXPANDED INTERCONNECTION RULES.  The commission

408-24   shall adopt rules for expanded interconnection that:

408-25               (1)  are consistent with the rules and regulations of

408-26   the Federal Communications Commission relating to expanded

408-27   interconnection;

 409-1               (2)  treat intrastate private line services as special

 409-2   access service; and

 409-3               (3)  provide that if an incumbent local exchange

 409-4   company is required to provide expanded interconnection to another

 409-5   local exchange company, the second local exchange company shall in

 409-6   a similar manner provide expanded interconnection to the first

 409-7   company. (V.A.C.S. Art. 1446c-0, Sec.  3.456(a).)

 409-8             (Sections 60.142-60.160 reserved for expansion)

 409-9           SUBCHAPTER I.  LOCAL EXCHANGE COMPANY REQUIREMENTS

409-10         Sec. 60.161.  INCUMBENT LOCAL EXCHANGE COMPANY REQUIREMENTS.

409-11   An incumbent local exchange company may not unreasonably:

409-12               (1)  discriminate against another provider by refusing

409-13   access to the local exchange;

409-14               (2)  refuse or delay an interconnection to another

409-15   provider;

409-16               (3)  degrade the quality of access the company provides

409-17   to another provider;

409-18               (4)  impair the speed, quality, or efficiency of a line

409-19   used by another provider;

409-20               (5)  fail to fully disclose in a timely manner on

409-21   request all available information necessary to design equipment

409-22   that will meet the specifications of the local exchange network; or

409-23               (6)  refuse or delay access by a person to another

409-24   provider.  (V.A.C.S. Art. 1446c-0, Sec. 3.459(a).)

409-25         Sec. 60.162.  EXPANDED INTERCONNECTION.  This subchapter does

409-26   not require an incumbent local exchange company to provide expanded

409-27   interconnection as that term is defined by the Federal

 410-1   Communications Commission. (V.A.C.S.  Art. 1446c-0, Sec. 3.459(b).)

 410-2         Sec. 60.163.  INFRASTRUCTURE SHARING.  (a)  The commission

 410-3   shall adopt rules that require a local exchange company to share

 410-4   public switched network infrastructure and technology with a

 410-5   requesting local exchange company that lacks economies of scale or

 410-6   scope, to enable the requesting company to provide

 410-7   telecommunications services in each geographic area for which the

 410-8   requesting company is designated as the sole carrier of last

 410-9   resort.

410-10         (b)  The rules governing the sharing:

410-11               (1)  may not require a local exchange company to make a

410-12   decision that is uneconomic or adverse to the public;

410-13               (2)  shall permit, but may not require, joint ownership

410-14   and operation of public switched network infrastructure and

410-15   services by or among the local exchange companies that share

410-16   infrastructure; and

410-17               (3)  shall establish conditions that promote

410-18   cooperation between local exchange companies. (V.A.C.S.

410-19   Art. 1446c-0, Sec. 3.463.)

410-20              CHAPTER 61.  INFORMATION TECHNOLOGY SERVICES

410-21                    SUBCHAPTER A.  GENERAL PROVISIONS

410-22   Sec. 61.001.  DEFINITIONS 

410-23             (Sections 61.002-61.020 reserved for expansion)

410-24       SUBCHAPTER B.  PROVISION OF INFORMATION TECHNOLOGY SERVICES

410-25   Sec. 61.021.  PROVISION OF CERTAIN SERVICES OR PRODUCTS

410-26                   PROHIBITED 

410-27   Sec. 61.022.  PERMISSIBLE SERVICES AND PRODUCTS 

 411-1   Sec. 61.023.  SEPARATE AFFILIATE REQUIREMENTS 

 411-2   Sec. 61.024.  ARM'S-LENGTH TRANSACTIONS 

 411-3   Sec. 61.025.  CONTRACTS AND RECORDS 

 411-4   Sec. 61.026.  JOINT OWNERSHIP OR USE PROHIBITED 

 411-5             (Sections 61.027-61.040 reserved for expansion)

 411-6            SUBCHAPTER C.  ADDITIONAL COMPETITIVE SAFEGUARDS

 411-7   Sec. 61.041.  PROHIBITED DISCRIMINATION 

 411-8   Sec. 61.042.  SUBSIDIZATION OF SERVICES PROHIBITED 

 411-9   Sec. 61.043.  PERMISSIBLE INVESTMENT 

411-10              CHAPTER 61.  INFORMATION TECHNOLOGY SERVICES

411-11                    SUBCHAPTER A.  GENERAL PROVISIONS

411-12         Sec. 61.001.  DEFINITIONS.  In this chapter:

411-13               (1)  "Management consulting" means the development,

411-14   refinement, and coordination of a strategy to support a client's

411-15   business direction, positively affect business performance, and

411-16   improve an operating result, in a field such as business planning,

411-17   operations, information technology, marketing, finance, and human

411-18   resources.

411-19               (2)  "Process management" means the ongoing

411-20   responsibility for direction and operation of a business process in

411-21   an enterprise in a field such as administration, finance, human

411-22   resources, operations, sales, or marketing.

411-23               (3)  "Systems development" means the creation,

411-24   migration, or improvement of a computer system, including hardware

411-25   and software, to:

411-26                     (A)  meet a specific business need; or

411-27                     (B)  take advantage of a change in information

 412-1   technology.

 412-2               (4)  "Systems integration" means the acquisition,

 412-3   installation, and integration of hardware, software,

 412-4   communications, and related support components or services.

 412-5               (5)  "Systems management" means the ongoing management

 412-6   and operation of information technology components, ranging from

 412-7   specialized system applications to an enterprise's entire

 412-8   information technology function, including related facilities and

 412-9   personnel.  (V.A.C.S. Art. 1446c-0, Sec. 3.581.)

412-10             (Sections 61.002-61.020 reserved for expansion)

412-11                 SUBCHAPTER B.  PROVISION OF INFORMATION

412-12                           TECHNOLOGY SERVICES

412-13         Sec. 61.021.  PROVISION OF CERTAIN SERVICES OR PRODUCTS

412-14   PROHIBITED.  (a)  A local exchange company that serves more than

412-15   five million access lines in this state may not provide the

412-16   following customized business services or products to a customer

412-17   who has 50 or more access lines in this state:

412-18               (1)  management consulting, except for consulting

412-19   related exclusively to telecommunications;

412-20               (2)  information technology process or systems

412-21   development;

412-22               (3)  information technology process or systems

412-23   integration; or

412-24               (4)  information technology process or systems

412-25   management.

412-26         (b)  This section does not apply to a service or product

412-27   provided on September 1, 1995.  (V.A.C.S. Art. 1446c-0, Sec.

 413-1   3.582(a).)

 413-2         Sec. 61.022.  PERMISSIBLE SERVICES AND PRODUCTS.  Section

 413-3   61.021 does not prohibit:

 413-4               (1)  an affiliate of the local exchange company from

 413-5   providing a service or product described by that section in

 413-6   accordance with this subchapter and Subchapter C; or

 413-7               (2)  a local exchange company from:

 413-8                     (A)  providing a service or product described by

 413-9   Section 61.021 to an affiliate if:

413-10                           (i)  the company is not providing a service

413-11   or product described by that section to a nonaffiliated third

413-12   party; and

413-13                           (ii)  there is not an affiliate of the

413-14   company engaged in providing a service or product described by that

413-15   section to a nonaffiliated third party;

413-16                     (B)  providing mass market and consumer market

413-17   products and services directly to a customer that:

413-18                           (i)  has fewer than 50 access lines in this

413-19   state; and

413-20                           (ii)  uses or relies on the use of

413-21   information services, information systems, or information

413-22   technology or processes;

413-23                     (C)  selling or leasing billing and collection

413-24   services, local area networks, wide area networks, or other

413-25   telecommunications services; or

413-26                     (D)  providing to itself a service or product

413-27   described by Section 61.021.  (V.A.C.S. Art. 1446c-0, Secs.

 414-1   3.582(b), (c) (part).)

 414-2         Sec. 61.023.  SEPARATE AFFILIATE REQUIREMENTS.  (a)  A local

 414-3   exchange company's affiliate that provides a service or product

 414-4   described by Section 61.021:

 414-5               (1)  shall:

 414-6                     (A)  operate independently from the local

 414-7   exchange company in providing the service or product; and

 414-8                     (B)  maintain the affiliate's own books of

 414-9   accounts; and

414-10               (2)  may not have an officer, director, or employee in

414-11   common with the local exchange company.

414-12         (b)  Notwithstanding Subsection (a)(2), an officer of a

414-13   corporate parent or holding company may serve as a director of the

414-14   local exchange company and as a director of another subsidiary of

414-15   the parent if the subsidiary existed on September 1, 1995.

414-16   (V.A.C.S. Art. 1446c-0, Sec. 3.583(a) (part).)

414-17         Sec. 61.024.  ARM'S-LENGTH TRANSACTIONS.  A local exchange

414-18   company and an affiliate shall conduct at arm's length each

414-19   transaction regarding the acquisition from the affiliate of a

414-20   service or product described by Section 61.021.  (V.A.C.S.

414-21   Art. 1446c-0, Sec. 3.583(b).)

414-22         Sec. 61.025.  CONTRACTS AND RECORDS.  (a)  A local exchange

414-23   company shall maintain and keep available for inspection by the

414-24   commission copies of each contract or arrangement between the

414-25   company and an affiliate that relates to the company's acquisition

414-26   from the affiliate of a service or product described by Section

414-27   61.021.

 415-1         (b)  The local exchange company's records must show each cash

 415-2   or noncash transaction with the affiliate for the service or

 415-3   product, including each payment for a good, service, or property

 415-4   right.  (V.A.C.S. Art. 1446c-0, Sec. 3.583(c).)

 415-5         Sec. 61.026.  JOINT OWNERSHIP OR USE PROHIBITED.  A local

 415-6   exchange company and an affiliate engaged in providing a service or

 415-7   product described by Section 61.021 may not:

 415-8               (1)  own property jointly; or

 415-9               (2)  share in the use of property.  (V.A.C.S.

415-10   Art. 1446c-0, Sec.  3.583(d).)

415-11             (Sections 61.027-61.040 reserved for expansion)

415-12            SUBCHAPTER C.  ADDITIONAL COMPETITIVE SAFEGUARDS

415-13         Sec. 61.041.  PROHIBITED DISCRIMINATION.  A local exchange

415-14   company may not discriminate between an affiliate that provides a

415-15   service or product described by Section 61.021 and another person

415-16   in:

415-17               (1)  providing or procuring a good, a service, a

415-18   facility, or information; or

415-19               (2)  establishing a standard.  (V.A.C.S. Art. 1446c-0,

415-20   Sec. 3.584(a).)

415-21         Sec. 61.042.  SUBSIDIZATION OF SERVICES PROHIBITED.  A local

415-22   exchange company or the company's affiliate may not subsidize the

415-23   provision of a service or product described by Section 61.021 with

415-24   revenue from:

415-25               (1)  a local exchange telephone service; or

415-26               (2)  an access service provided by the local exchange

415-27   company.  (V.A.C.S. Art. 1446c-0, Sec. 3.584(b).)

 416-1         Sec. 61.043.  PERMISSIBLE INVESTMENT.  This subchapter does

 416-2   not prohibit a local exchange company's affiliate from investing a

 416-3   dividend or profit derived from a local exchange company or

 416-4   developing a service or product described by Section 61.021 for the

 416-5   local exchange company if the investment or development complies

 416-6   with Subchapter B.  (V.A.C.S. Art. 1446c-0, Sec. 3.584(c).)

 416-7                   CHAPTER 62.  BROADCASTER SAFEGUARDS

 416-8                    SUBCHAPTER A.  GENERAL PROVISIONS

 416-9   Sec. 62.001.  APPLICABILITY OF CHAPTER 

416-10   Sec. 62.002.  DEFINITIONS 

416-11             (Sections 62.003-62.020 reserved for expansion)

416-12         SUBCHAPTER B.  CUSTOMER PROPRIETARY NETWORK INFORMATION

416-13   Sec. 62.021.  DEFINITIONS 

416-14   Sec. 62.022.  USE OF SPECIFIC CUSTOMER PROPRIETARY NETWORK

416-15                   INFORMATION 

416-16   Sec. 62.023.  RULES 

416-17             (Sections 62.024-62.040 reserved for expansion)

416-18                       SUBCHAPTER C.  ADVERTISING

416-19   Sec. 62.041.  DEFINITION 

416-20   Sec. 62.042.  APPLICABILITY OF SUBCHAPTER 

416-21   Sec. 62.043.  ADVERTISING AGENCY SERVICES PROHIBITED 

416-22   Sec. 62.044.  ADVERTISING ACTIVITIES OF AFFILIATE 

416-23   Sec. 62.045.  JOINT MARKETING PROHIBITED 

416-24   Sec. 62.046.  CHARITABLE TELEPHONE SOLICITATION 

416-25   Sec. 62.047.  WAIVER 

416-26             (Sections 62.048-62.070 reserved for expansion)

416-27               SUBCHAPTER D.  AUDIO AND VIDEO PROGRAMMING

 417-1   Sec. 62.071.  APPLICABILITY OF SUBCHAPTER 

 417-2   Sec. 62.072.  AUDIO OR VIDEO PROGRAMMING PROHIBITED 

 417-3   Sec. 62.073.  RELATIONSHIP BETWEEN EXCHANGE COMPANY AND

 417-4                   AFFILIATE THAT PROVIDES AUDIO OR VIDEO

 417-5                   PROGRAMMING 

 417-6   Sec. 62.074.  REGULATION OF EXCHANGE COMPANY DEALINGS WITH

 417-7                   SEPARATE AFFILIATE 

 417-8   Sec. 62.075.  BILLING OR COLLECTION SERVICES FOR NONAFFILIATED

 417-9                   PROGRAMMER 

417-10   Sec. 62.076.  COMPLIANCE AUDIT 

417-11   Sec. 62.077.  WAIVER 

417-12   Sec. 62.078.  LIMITATION OF JURISDICTION 

417-13             (Sections 62.079-62.100 reserved for expansion)

417-14                      SUBCHAPTER E.  VIDEO CARRIAGE

417-15   Sec. 62.101.  APPLICABILITY OF SUBCHAPTER 

417-16   Sec. 62.102.  RATE FOR BROADCAST STATION ACCESS TO

417-17                   TELECOMMUNICATIONS SERVICES 

417-18   Sec. 62.103.  DUTIES OF LOCAL EXCHANGE COMPANY 

417-19   Sec. 62.104.  BROADCAST STATION ACCESS THROUGH

417-20                   TELECOMMUNICATIONS SERVICES 

417-21   Sec. 62.105.  RETRANSMISSION CONSENT 

417-22   Sec. 62.106.  WAIVER 

417-23   Sec. 62.107.  LIMITATION OF JURISDICTION 

417-24   Sec. 62.108.  EXPIRATION 

417-25             (Sections 62.109-62.130 reserved for expansion)

417-26                      SUBCHAPTER F.  AUDIO CARRIAGE

417-27   Sec. 62.131.  APPLICABILITY OF SUBCHAPTER 

 418-1   Sec. 62.132.  BROADCAST STATION ACCESS THROUGH

 418-2                   TELECOMMUNICATIONS SERVICES 

 418-3   Sec. 62.133.  RETRANSMISSION CONSENT 

 418-4   Sec. 62.134.  WAIVER 

 418-5   Sec. 62.135.  LIMITATION OF JURISDICTION 

 418-6   Sec. 62.136.  EXPIRATION 

 418-7                   CHAPTER 62.  BROADCASTER SAFEGUARDS

 418-8                    SUBCHAPTER A.  GENERAL PROVISIONS

 418-9         Sec. 62.001.  APPLICABILITY OF CHAPTER.  This chapter does

418-10   not apply to a cable company.  (V.A.C.S. Art. 1446c-0, Sec. 3.506.)

418-11         Sec. 62.002.  DEFINITIONS.  In this chapter:

418-12               (1)  "Audio programming":

418-13                     (A)  means programming:

418-14                           (i)  provided by an amplitude modulation or

418-15   frequency modulation broadcast radio station; or

418-16                           (ii)  generally considered comparable to

418-17   programming described by Subparagraph (i); and

418-18                     (B)  does not include an audio-related service

418-19   offered by an incumbent local exchange company on September 1,

418-20   1995.

418-21               (2)  "Video programming" means programming provided by

418-22   or generally considered comparable to programming provided by a

418-23   television broadcast station as defined by Section 602,

418-24   Communications Act of 1934 (47 U.S.C. Section 522).  (V.A.C.S.

418-25   Art. 1446c-0, Sec. 3.502(a).)

418-26             (Sections 62.003-62.020 reserved for expansion)

 419-1         SUBCHAPTER B.  CUSTOMER PROPRIETARY NETWORK INFORMATION

 419-2         Sec. 62.021.  DEFINITIONS.  In this subchapter:

 419-3               (1)  "Specific customer proprietary network

 419-4   information" means information, other than subscriber list

 419-5   information:

 419-6                     (A)  that concerns the customer and is available

 419-7   to the telecommunications utility because of the customer's use of

 419-8   the telecommunications utility service;

 419-9                     (B)  that is contained in the bills relating to

419-10   telecommunications services received by a customer of a

419-11   telecommunications utility; or

419-12                     (C)  that:

419-13                           (i)  is made available to a

419-14   telecommunications utility by a customer of the utility, other than

419-15   a wireless telecommunications provider, solely because of the

419-16   utility-customer relationship; and

419-17                           (ii)  relates to the quantity, technical

419-18   configuration, type, destination, or amount of use of voice or data

419-19   telecommunications services to which the customer subscribes.

419-20               (2)  "Subscriber list information" means information:

419-21                     (A)  that identifies the listed name of a

419-22   telecommunications utility subscriber or the subscriber's telephone

419-23   number, address, or primary advertising classification; and

419-24                     (B)  that the telecommunications utility or an

419-25   affiliate has published or accepted for publication.  (V.A.C.S.

419-26   Art. 1446c-0, Sec. 3.501(a).)

419-27         Sec. 62.022.  USE OF SPECIFIC CUSTOMER PROPRIETARY NETWORK

 420-1   INFORMATION.  (a)  A telecommunications utility may not use

 420-2   specific customer proprietary network information for a commercial

 420-3   purpose other than the sale or provision of, or billing or

 420-4   collection for, telecommunications or enhanced services.

 420-5         (b)  This section does not prohibit:

 420-6               (1)  the use of specific customer proprietary network

 420-7   information with the customer's consent; or

 420-8               (2)  the provision of specific customer proprietary

 420-9   network information to an affiliate telecommunications provider.

420-10         (c)  Subsection (a) has no effect to the extent it is

420-11   preempted by an action of the Federal Communications Commission.

420-12   (V.A.C.S. Art. 1446c-0, Sec. 3.501(b).)

420-13         Sec. 62.023.  RULES.  (a)  The commission shall adopt rules

420-14   that are consistent with rules on the use of specific customer

420-15   proprietary network information adopted by the Federal

420-16   Communications Commission.

420-17         (b)  Rules adopted under Subsection (a) shall:

420-18               (1)  require each telecommunications utility annually

420-19   to notify, by means approved by the commission, each subscriber of

420-20   the subscriber's right to reject the utility's use of specific

420-21   customer proprietary network information for marketing other

420-22   services; and

420-23               (2)  require a telecommunications utility that makes

420-24   nonproprietary aggregate customer proprietary network information

420-25   available to its affiliates to make the information available to

420-26   nonaffiliated entities on the same terms.

420-27         (c)  If the Federal Communications Commission adopts rules

 421-1   regarding customer proprietary network information that no longer

 421-2   preempt this state's authority to adopt inconsistent rules, the

 421-3   commission shall conduct a proceeding to determine the appropriate

 421-4   use of customer proprietary network information by a

 421-5   telecommunications utility.  A rule, policy, or order adopted by

 421-6   the commission on customer proprietary network information may not

 421-7   be discriminatory in its application to telecommunications

 421-8   utilities.

 421-9         (d)  A commission rule governing customer proprietary network

421-10   information may not apply to an incumbent local exchange company

421-11   that has 100,000 or fewer access lines in service in this state if

421-12   the rule is more burdensome to the company than the customer

421-13   proprietary network information rules of the Federal Communications

421-14   Commission.  This prohibition does not apply to a rule regarding a

421-15   use of customer proprietary network information that is not related

421-16   to a telecommunications service or product.  (V.A.C.S.

421-17   Art. 1446c-0, Secs. 3.501(c), (d).)

421-18             (Sections 62.024-62.040 reserved for expansion)

421-19                       SUBCHAPTER C.  ADVERTISING

421-20         Sec. 62.041.  DEFINITION.  In this subchapter, "advertising

421-21   agency services" includes:

421-22               (1)  advertising development;

421-23               (2)  advertising purchase;

421-24               (3)  advertising consultation;

421-25               (4)  advertising copy writing;

421-26               (5)  advertising research; and

421-27               (6)  other functions generally performed by a general

 422-1   advertising agency.  (V.A.C.S. Art. 1446c-0, Sec. 3.503(a).)

 422-2         Sec. 62.042.  APPLICABILITY OF SUBCHAPTER.  This subchapter

 422-3   does not apply to an incumbent local exchange company that has

 422-4   100,000 or fewer access lines in service in this state.  (V.A.C.S.

 422-5   Art. 1446c-0, Sec. 3.503(f).)

 422-6         Sec. 62.043.  ADVERTISING AGENCY SERVICES PROHIBITED.  (a)

 422-7   An incumbent local exchange company may not sell an advertising

 422-8   agency service to a nonaffiliate in this state.

 422-9         (b)  Subsection (a) does not prohibit a local exchange

422-10   company from:

422-11               (1)  promoting or selling a telecommunications service

422-12   or telecommunications equipment, including:

422-13                     (A)  voice service or equipment;

422-14                     (B)  data service or equipment;

422-15                     (C)  video dial tone service or equipment;

422-16                     (D)  video or audio programming service or

422-17   equipment;

422-18                     (E)  cellular service or equipment;

422-19                     (F)  interactive media service or equipment;

422-20                     (G)  software service or equipment; or

422-21                     (H)  another related service or piece of

422-22   equipment; or

422-23               (2)  enhancing or promoting the use of the

422-24   telecommunications network.  (V.A.C.S. Art. 1446c-0, Sec.

422-25   3.503(b).)

422-26         Sec. 62.044.  ADVERTISING ACTIVITIES OF AFFILIATE.  (a)  A

422-27   separate corporate affiliate of an incumbent local exchange company

 423-1   may engage in advertising agency activities.  In conducting an

 423-2   advertising agency activity, the affiliate shall comply with this

 423-3   section.

 423-4         (b)  The affiliate shall prepare financial statements that

 423-5   are not consolidated with the financial statements of the incumbent

 423-6   local exchange company.  Financial statements and consolidated tax

 423-7   returns that consolidate the operation of the separate corporate

 423-8   affiliate with a parent company and the parent company's other

 423-9   subsidiaries may be prepared.

423-10         (c)  The affiliate shall:

423-11               (1)  maintain, in accordance with generally accepted

423-12   accounting principles, books, records, and accounts that are

423-13   separate from the books, records, and accounts of the incumbent

423-14   local exchange company; and

423-15               (2)  maintain a corporate identity separate from the

423-16   incumbent local exchange company.

423-17         (d)  The affiliate may not:

423-18               (1)  incur debt in a manner that, on the affiliate's

423-19   default, would permit a creditor to have recourse against an asset

423-20   of the incumbent local exchange company;

423-21               (2)  use a name, trademark, or service mark of the

423-22   incumbent local exchange company, unless the name, trademark, or

423-23   service mark is used in common with the parent, affiliate, or owner

423-24   of the incumbent local exchange company; or

423-25               (3)  have a director, officer, or employee in common

423-26   with the incumbent local exchange company.  (V.A.C.S. Art. 1446c-0,

423-27   Sec. 3.503(c).)

 424-1         Sec. 62.045.  JOINT MARKETING PROHIBITED.  (a)  Except as

 424-2   permitted by Section 62.043, an incumbent local exchange company

 424-3   that has an affiliate that provides advertising agency services on

 424-4   behalf of a nonaffiliate in this state may not jointly market the

 424-5   affiliate's advertising agency services in connection with a

 424-6   telecommunications service or telecommunications equipment the

 424-7   incumbent local exchange company provides.

 424-8         (b)  This section does not apply to advertising in a

 424-9   telephone directory disseminated in any form.  (V.A.C.S.

424-10   Art. 1446c-0, Sec. 3.503(d).)

424-11         Sec. 62.046.  CHARITABLE TELEPHONE SOLICITATION.  This

424-12   subchapter does not prohibit an incumbent local exchange company

424-13   from providing a telephone solicitation service for a charitable

424-14   organization.  (V.A.C.S. Art. 1446c-0, Sec. 3.503(e).)

424-15         Sec. 62.047.  WAIVER.  (a)  A company may petition the

424-16   commission for a waiver from a requirement this subchapter imposes

424-17   on the company.

424-18         (b)  The commission shall grant the waiver if the waiver is

424-19   in the public interest, after considering whether there is a need

424-20   for the requirement in the affected market.

424-21         (c)  The commission may revoke a waiver granted under this

424-22   section if:

424-23               (1)  conditions under which the waiver was granted have

424-24   materially changed; and

424-25               (2)  the revocation is in the public interest.

424-26   (V.A.C.S. Art. 1446c-0, Sec. 3.503(g).)

424-27             (Sections 62.048-62.070 reserved for expansion)

 425-1               SUBCHAPTER D.  AUDIO AND VIDEO PROGRAMMING

 425-2         Sec. 62.071.  APPLICABILITY OF SUBCHAPTER.  This subchapter

 425-3   does not apply to an incumbent local exchange company that has

 425-4   100,000 or fewer access lines in service in this state.  (V.A.C.S.

 425-5   Art. 1446c-0, Sec. 3.502(h).)

 425-6         Sec. 62.072.  AUDIO OR VIDEO PROGRAMMING PROHIBITED.  (a)  An

 425-7   incumbent local exchange company may not provide audio or video

 425-8   programming in this state.

 425-9         (b)  This section does not prohibit a separate corporate

425-10   affiliate of an incumbent local exchange company from providing

425-11   audio or video programming.  (V.A.C.S. Art. 1446c-0, Sec.

425-12   3.502(b).)

425-13         Sec. 62.073.  RELATIONSHIP BETWEEN EXCHANGE COMPANY AND

425-14   AFFILIATE THAT PROVIDES AUDIO OR VIDEO PROGRAMMING.  (a)  This

425-15   section applies only to an incumbent local exchange company's

425-16   separate corporate affiliate that provides audio or video

425-17   programming.

425-18         (b)  For a telecommunications service the affiliate obtains

425-19   from the incumbent local exchange company, the affiliate shall pay:

425-20               (1)  a tariffed rate;

425-21               (2)  the fair market value of the service, if the

425-22   service is not provided under a tariff; or

425-23               (3)  the service's long run incremental cost, if:

425-24                     (A)  the service is not provided under a tariff;

425-25   and

425-26                     (B)  the service:

425-27                           (i)  does not have a fair market value; or

 426-1                           (ii)  has a fair market value that is less

 426-2   than the service's long run incremental cost.

 426-3         (c)  In making a transaction with the incumbent local

 426-4   exchange company to purchase, use, rent, or access information,

 426-5   services, space, or devices that are not telecommunications

 426-6   services, the affiliate shall act in a manner consistent with the

 426-7   affiliate transaction rules of the Federal Communications

 426-8   Commission.  The subject of a transaction described by this

 426-9   subsection may not be valued at less than the greater of the

426-10   subject's net book value or fair market value, whichever is

426-11   applicable.

426-12         (d)  The affiliate shall prepare financial statements that

426-13   are not consolidated with those of the incumbent local exchange

426-14   company.  Financial statements and consolidated tax returns that

426-15   consolidate the operation of the separate corporate affiliate with

426-16   a parent company and the parent company's other subsidiaries may be

426-17   prepared.

426-18         (e)  The affiliate shall:

426-19               (1)  maintain, in accordance with generally accepted

426-20   accounting principles, books, records, and accounts that are

426-21   separate from the books, records, and accounts of the incumbent

426-22   local exchange company;

426-23               (2)  perform its marketing and sales functions and

426-24   operation in compliance with open network architecture and the

426-25   affiliate transaction rules of the Federal Communications

426-26   Commission; and

426-27               (3)  maintain a corporate identity separate from the

 427-1   incumbent local exchange company.

 427-2         (f)  The affiliate may not:

 427-3               (1)  incur debt in a manner that, on the affiliate's

 427-4   default, would permit a creditor to have recourse against an asset

 427-5   of the incumbent local exchange company;

 427-6               (2)  use a name, trademark, or service mark of the

 427-7   incumbent local exchange company, unless the name, trademark, or

 427-8   service mark is used in common with the parent, affiliate, or owner

 427-9   of the incumbent local exchange company; or

427-10               (3)  have a director, officer, or employee in common

427-11   with the incumbent local exchange company.  (V.A.C.S. Art. 1446c-0,

427-12   Sec. 3.502(c).)

427-13         Sec. 62.074.  REGULATION OF EXCHANGE COMPANY DEALINGS WITH

427-14   SEPARATE AFFILIATE.  (a)  This section applies only to an incumbent

427-15   local exchange company's separate corporate affiliate that provides

427-16   audio or video programming.

427-17         (b)  An incumbent local exchange company may not:

427-18               (1)  develop a rate for a telecommunications service or

427-19   provide a telecommunications service to benefit primarily the

427-20   company's separate affiliate for the affiliate's video or audio

427-21   programming unless the rate or service is available to any

427-22   purchaser without discrimination;

427-23               (2)  provide a telecommunications service for the

427-24   separate affiliate's audio or video programming in an unreasonably

427-25   preferential manner;

427-26               (3)  transfer an asset to the separate affiliate for

427-27   less than the amount for which the asset is available to a third

 428-1   party in an arm's-length transaction;

 428-2               (4)  have a director, officer, or employee in common

 428-3   with the separate affiliate;

 428-4               (5)  own property in common with the separate

 428-5   affiliate; or

 428-6               (6)  enter into a customer-specific contract with the

 428-7   separate affiliate to provide tariffed telecommunications services

 428-8   unless substantially the same contract terms are generally

 428-9   available to nonaffiliated interests.

428-10         (c)  An incumbent local exchange company shall:

428-11               (1)  maintain and file with the commission copies of

428-12   each contract or arrangement between the company and the separate

428-13   affiliate and report the contract amount for each cash or noncash

428-14   transaction with the separate affiliate, including payments for:

428-15                     (A)  the cost of a good, service, property right,

428-16   or other item; or

428-17                     (B)  interest expense;

428-18               (2)  value an asset the company transfers to the

428-19   separate affiliate at the greater of the asset's net book value or

428-20   fair market value;

428-21               (3)  value an asset the separate affiliate transfers to

428-22   the company at the lesser of the asset's net book value or fair

428-23   market value except in an instance in which Federal Communications

428-24   Commission regulations or commission rules permit:

428-25                     (A)  in-arrears payment for a tariffed

428-26   telecommunications service; or

428-27                     (B)  an affiliate to invest a dividend or profit

 429-1   derived from an incumbent local exchange company;

 429-2               (4)  comply with applicable Federal Communications

 429-3   Commission cost and other accounting rules; and

 429-4               (5)  if the company offers telecommunications equipment

 429-5   or services to an audio or video programmer, provide the equipment

 429-6   or services:

 429-7                     (A)  at just and reasonable rates that, if

 429-8   commission rules require the provision to be under a tariff, are

 429-9   tariffed on nondiscriminatory terms; and

429-10                     (B)  on similar terms to all video or audio

429-11   programmers, if the equipment or services are not subject to

429-12   regulation.  (V.A.C.S. Art. 1446c-0, Sec. 3.502(d).)

429-13         Sec. 62.075.  BILLING OR COLLECTION SERVICES FOR

429-14   NONAFFILIATED PROGRAMMER.  (a)  An incumbent local exchange company

429-15   that offers billing or collection service to a nonaffiliated audio

429-16   or video programmer shall provide the service on nondiscriminatory

429-17   terms.

429-18         (b)  This section does not require an incumbent local

429-19   exchange company to offer billing or collection service to a

429-20   nonaffiliated programmer.

429-21         (c)  An incumbent local exchange company may exclude a class

429-22   of programmers from the company's billing or collection service.

429-23   (V.A.C.S. Art. 1446c-0, Sec. 3.502(e).)

429-24         Sec. 62.076.  COMPLIANCE AUDIT.  (a)  An incumbent local

429-25   exchange company shall have a compliance audit performed every

429-26   three years to determine whether the incumbent local exchange

429-27   company, during the preceding three years, complied with the

 430-1   requirements this subchapter imposes on the company.

 430-2         (b)  An independent accounting firm:

 430-3               (1)  must conduct the audit; and

 430-4               (2)  shall file the audit report with the commission.

 430-5         (c)  If the audit report concludes that the incumbent local

 430-6   exchange company is not in compliance with this subchapter, the

 430-7   commission shall take appropriate action against the company.

 430-8         (d)  The audit report is confidential commercial or financial

 430-9   information for the purposes of Chapter 552, Government Code.

430-10   (V.A.C.S. Art. 1446c-0, Sec. 3.502(f).)

430-11         Sec. 62.077.  WAIVER.  (a)  A company may petition the

430-12   commission for a waiver from a requirement this subchapter imposes

430-13   on the company.

430-14         (b)  The commission shall grant the waiver if the waiver is

430-15   in the public interest, after considering whether there is a need

430-16   for the requirement in the affected market.

430-17         (c)  The commission may revoke a waiver granted under this

430-18   section if:

430-19               (1)  conditions under which the waiver was granted have

430-20   materially changed; and

430-21               (2)  the revocation is in the public interest.

430-22   (V.A.C.S. Art. 1446c-0, Sec. 3.502(i).)

430-23         Sec. 62.078.  LIMITATION OF JURISDICTION.  Except as

430-24   otherwise specifically provided by this title, the commission's

430-25   jurisdiction over an incumbent local exchange company's affiliate

430-26   that is an audio or video programmer is limited to the specific

430-27   requirements of this subchapter.  (V.A.C.S. Art. 1446c-0, Sec.

 431-1   3.502(g).)

 431-2             (Sections 62.079-62.100 reserved for expansion)

 431-3                      SUBCHAPTER E.  VIDEO CARRIAGE

 431-4         Sec. 62.101.  APPLICABILITY OF SUBCHAPTER.  This subchapter

 431-5   does not apply to:

 431-6               (1)  an incumbent local exchange company that has

 431-7   100,000 or fewer access lines in service in this state; or

 431-8               (2)  a programmer on the video dial tone platform of an

 431-9   incumbent local exchange company described by Subdivision (1).

431-10   (V.A.C.S. Art. 1446c-0, Sec. 3.504(e).)

431-11         Sec. 62.102.  RATE FOR BROADCAST STATION ACCESS TO

431-12   TELECOMMUNICATIONS SERVICES.  Unless the company is a programmer

431-13   subject to Section 62.104, an incumbent local exchange company that

431-14   provides a telecommunications service used to transmit video

431-15   programming directly to a subscriber or used to enable a customer

431-16   to access video programming shall give a local full-power broadcast

431-17   station licensed by the Federal Communications Commission access to

431-18   the telecommunications service at a tariffed rate, to the extent

431-19   capacity permits.  If the service is not provided under a tariff,

431-20   the company shall provide the service on terms similar to those on

431-21   which the service is provided to other video programmers that

431-22   provide similar programming.  (V.A.C.S. Art. 1446c-0, Sec. 3.504(a)

431-23   (part).)

431-24         Sec. 62.103.  DUTIES OF LOCAL EXCHANGE COMPANY.  (a)  An

431-25   incumbent local exchange company shall transmit without material

431-26   degradation the signals a local broadcast station delivers.  The

431-27   transmission quality offered the station may not be less than the

 432-1   quality made available to another video programmer.

 432-2         (b)  An incumbent local exchange company that provides a

 432-3   telecommunications service used to transmit video programming

 432-4   directly to a subscriber or used to enable a customer to access

 432-5   video programming may not:

 432-6               (1)  discriminate unreasonably among programming

 432-7   providers regarding transmission of their signals; or

 432-8               (2)  delete, change, or alter a copyright

 432-9   identification transmitted as part of the programming signal.

432-10         (c)  An incumbent local exchange company described by

432-11   Subsection (b) that provides a video dial tone service with a level

432-12   one gateway, as that term is defined by the Federal Communications

432-13   Commission, shall make available to programmers a menu or

432-14   programming guide on which a programmer may display a listing of

432-15   the stations the programmer is required to carry under Section

432-16   62.104. (V.A.C.S. Art. 1446c-0, Secs. 3.504(a) (part), (b).)

432-17         Sec. 62.104.  BROADCAST STATION ACCESS THROUGH

432-18   TELECOMMUNICATIONS SERVICES.  (a)  As permitted by federal law and

432-19   Federal Communications Commission rules and orders, a programmer

432-20   shall make available to subscribers local full-power television

432-21   stations licensed by the Federal Communications Commission if:

432-22               (1)  the programmer is operating as a common channel

432-23   manager;

432-24               (2)  for a commercial purpose, the programmer purchases

432-25   50 or more analog channels on a local exchange video dial tone

432-26   level one platform over which video programming is made available

432-27   to subscribers; and

 433-1               (3)  the television stations grant retransmission

 433-2   consent.

 433-3         (b)  The programmer shall make available up to six television

 433-4   stations under this section.  If the programmer is in a market that

 433-5   contains a county with a population of more than one million, the

 433-6   programmer shall make available up to nine television stations

 433-7   under this section.

 433-8         (c)  The programmer shall select the television stations the

 433-9   programmer makes available to subscribers under this section.

433-10         (d)  This title does not require a programmer or incumbent

433-11   local exchange company to provide valuable consideration in

433-12   exchange for carriage under this section. (V.A.C.S. Art. 1446c-0,

433-13   Secs. 3.504(c), (d) (part).)

433-14         Sec. 62.105.  RETRANSMISSION CONSENT.  A television station

433-15   licensed by the  Federal Communications Commission that seeks

433-16   carriage under Section 62.104 shall grant consent for programming

433-17   retransmission to the programmer and the incumbent local exchange

433-18   company.  (V.A.C.S. Art. 1446c-0, Sec. 3.504(d) (part).)

433-19         Sec. 62.106.  WAIVER.  (a)  A company may petition the

433-20   commission for a waiver from a requirement this subchapter imposes

433-21   on the company.

433-22         (b)  The commission shall grant the waiver if the waiver is

433-23   in the public interest, after considering whether there is a need

433-24   for the requirement in the affected market.

433-25         (c)  The commission may revoke a waiver granted under this

433-26   section if:

433-27               (1)  conditions under which the waiver was granted have

 434-1   materially changed; and

 434-2               (2)  the revocation is in the public interest.

 434-3   (V.A.C.S. Art. 1446c-0, Sec. 3.504(f).)

 434-4         Sec. 62.107.  LIMITATION OF JURISDICTION.  Except as

 434-5   otherwise specifically provided by this title, the commission's

 434-6   jurisdiction over an incumbent local exchange company's affiliate

 434-7   that is a video programmer is limited to the specific requirements

 434-8   of this subchapter. (V.A.C.S. Art. 1446c-0, Sec. 3.504(g).)

 434-9         Sec. 62.108.  EXPIRATION.  This subchapter expires August 31,

434-10   1999.  (V.A.C.S. Art. 1446c-0, Sec. 3.504(h).)

434-11             (Sections 62.109-62.130 reserved for expansion)

434-12                      SUBCHAPTER F.  AUDIO CARRIAGE

434-13         Sec. 62.131.  APPLICABILITY OF SUBCHAPTER.  This subchapter

434-14   does not apply to:

434-15               (1)  an incumbent local exchange company that has

434-16   100,000 or fewer access lines in service in this state; or

434-17               (2)  a programmer on the video dial tone platform of an

434-18   incumbent local exchange company described by Subdivision (1).

434-19   (V.A.C.S. Art. 1446c-0, Sec. 3.505(c).)

434-20         Sec. 62.132.  BROADCAST STATION ACCESS THROUGH

434-21   TELECOMMUNICATIONS SERVICES.  (a)  As permitted by federal law and

434-22   Federal Communications Commission rules and orders, and as

434-23   consistent with technical specifications, a programmer shall make

434-24   available to subscribers local radio stations licensed by the

434-25   Federal Communications Commission if:

434-26               (1)  the programmer is operating as a common channel

434-27   manager;

 435-1               (2)  for a commercial purpose, the programmer makes 12

 435-2   or more channels of audio programming available to subscribers on

 435-3   an incumbent local exchange company's level one video dial tone

 435-4   platform;

 435-5               (3)  the available audio programming is similar to a

 435-6   broadcast of a radio station licensed by the Federal Communications

 435-7   Commission; and

 435-8               (4)  the radio stations grant retransmission consent.

 435-9         (b)  The programmer is not required to make available more

435-10   than one-third of the programmer's analog audio channels to radio

435-11   stations.

435-12         (c)  The programmer shall select the radio stations the

435-13   programmer makes available to subscribers under this section.

435-14         (d)  This title does not require a programmer or incumbent

435-15   local exchange company to provide valuable consideration in

435-16   exchange for carriage under this section.  (V.A.C.S. Art. 1446c-0,

435-17   Secs.  3.505(a), (b) (part).)

435-18         Sec. 62.133.  RETRANSMISSION CONSENT.  A local radio station

435-19   licensed by the Federal Communications Commission that seeks

435-20   carriage under Section 62.132 shall grant consent for programming

435-21   retransmission to the programmer and the incumbent local exchange

435-22   company.  (V.A.C.S. Art. 1446c-0, Sec.  3.505(b) (part).)

435-23         Sec. 62.134.  WAIVER.  (a)  A company may petition the

435-24   commission for a waiver from a requirement this subchapter imposes

435-25   on the company.

435-26         (b)  The commission shall grant the waiver if the waiver is

435-27   in the public interest, after considering whether there is a need

 436-1   for the requirement in the affected market.

 436-2         (c)  The commission may revoke a waiver granted under this

 436-3   section if:

 436-4               (1)  conditions under which the waiver was granted have

 436-5   materially changed; and

 436-6               (2)  the revocation is in the public interest.

 436-7   (V.A.C.S. Art. 1446c-0, Sec. 3.505(d).)

 436-8         Sec. 62.135.  LIMITATION OF JURISDICTION.  Except as

 436-9   otherwise specifically provided by this title, the commission's

436-10   jurisdiction over an incumbent local exchange company's affiliate

436-11   that is an audio programmer is limited to the specific requirements

436-12   of this subchapter.  (V.A.C.S. Art. 1446c-0, Sec. 3.505(e).)

436-13         Sec. 62.136.  EXPIRATION.  This subchapter expires August 31,

436-14   1999.  (V.A.C.S. Art. 1446c-0, Sec. 3.505(f).)

436-15                   CHAPTER 63.  ELECTRONIC PUBLISHING

436-16                    SUBCHAPTER A.  GENERAL PROVISIONS

436-17   Sec. 63.001.  GENERAL DEFINITIONS 

436-18   Sec. 63.002.  ELECTRONIC PUBLISHING DEFINED 

436-19   Sec. 63.003.  INCUMBENT LOCAL EXCHANGE COMPANY DEFINED 

436-20   Sec. 63.004.  CERTAIN SERVICES NOT PROHIBITED 

436-21   Sec. 63.005.  INVESTMENT OF DIVIDENDS 

436-22   Sec. 63.006.  JOINT VIOLATIONS 

436-23   Sec. 63.007.  PRIVATE COMPLAINT; APPLICATION FOR ORDER 

436-24   Sec. 63.008.  PRIVATE SUIT FOR INJUNCTION 

436-25   Sec. 63.009.  PRIVATE SUIT FOR DAMAGES 

436-26   Sec. 63.010.  APPLICABILITY OF ANTITRUST LAWS 

436-27   Sec. 63.011.  APPLICABILITY OF CHAPTER 

 437-1             (Sections 63.012-63.030 reserved for expansion)

 437-2             SUBCHAPTER B.  ELECTRONIC PUBLISHING SAFEGUARDS

 437-3   Sec. 63.031.  PUBLICATION BY BASIC TELEPHONE SERVICE

 437-4                   PROHIBITED 

 437-5   Sec. 63.032.  SEPARATED AFFILIATE OR JOINT VENTURE

 437-6                   REQUIREMENTS 

 437-7   Sec. 63.033.  INCUMBENT LOCAL EXCHANGE COMPANY

 437-8                   REQUIREMENTS 

 437-9   Sec. 63.034.  COMPLIANCE REVIEW AND REPORT 

437-10   Sec. 63.035.  SERVICES TO ELECTRONIC PUBLISHER 

437-11   Sec. 63.036.  INFORMATION PROVIDED 

437-12   Sec. 63.037.  CUSTOMER PROPRIETARY NETWORK INFORMATION 

437-13   Sec. 63.038.  PROHIBITED JOINT ACTIVITIES 

437-14   Sec. 63.039.  PERMITTED JOINT MARKETING OR REFERRAL

437-15                   ACTIVITIES 

437-16   Sec. 63.040.  ELECTRONIC PUBLISHING TEAMING OR BUSINESS

437-17                   ARRANGEMENTS 

437-18   Sec. 63.041.  JOINT VENTURE PARTICIPATION 

437-19   Sec. 63.042.  OTHER ELECTRONIC PUBLISHERS 

437-20             (Sections 63.043-63.060 reserved for expansion)

437-21            SUBCHAPTER C.  ELECTRONIC PUBLISHING TRANSACTIONS

437-22   Sec. 63.061.  ELECTRONIC PUBLISHING TRANSACTIONS BETWEEN INCUMBENT

437-23                   LOCAL EXCHANGE COMPANY AND AFFILIATE

437-24                   GENERALLY 

437-25   Sec. 63.062.  ELECTRONIC PUBLISHING TRANSACTIONS BETWEEN INCUMBENT

437-26                   LOCAL EXCHANGE COMPANY AND SEPARATED

437-27                   AFFILIATE 

 438-1   Sec. 63.063.  EXCEPTION 

 438-2                   CHAPTER 63.  ELECTRONIC PUBLISHING

 438-3                    SUBCHAPTER A.  GENERAL PROVISIONS

 438-4         Sec. 63.001.  GENERAL DEFINITIONS.  In this chapter:

 438-5               (1)  "Affiliate" means an entity, other than a

 438-6   separated affiliate, that, directly or indirectly, is:

 438-7                     (A)  under common ownership or control with an

 438-8   incumbent local exchange company;

 438-9                     (B)  owned or controlled by an incumbent local

438-10   exchange company; or

438-11                     (C)  the owner or in control of an incumbent

438-12   local exchange company.

438-13               (2)  "Basic telephone service" means a wireline

438-14   telephone exchange facility or service provided by an incumbent

438-15   local exchange company in a telephone exchange area, other than a:

438-16                     (A)  competitive wireline telephone exchange

438-17   service provided in a telephone exchange area in which another

438-18   entity provides a wireline telephone exchange service that was

438-19   provided on January 1, 1984; or

438-20                     (B)  commercial mobile service provided by an

438-21   affiliate that the Federal Communications Commission requires to be

438-22   a corporate entity separate from the local exchange company.

438-23               (3)  "Basic telephone service information" means:

438-24                     (A)  an incumbent local exchange company's

438-25   network or customer information; and

438-26                     (B)  information acquired by an incumbent local

438-27   exchange company as a result of its provision of basic telephone

 439-1   service.

 439-2               (4)  "Control" has the meaning assigned by:

 439-3                     (A)  17 C.F.R. Section 240.12b--2 as adopted by

 439-4   the Securities and Exchange Commission under the Securities

 439-5   Exchange Act of 1934 (15 U.S.C. Section 78a et seq.); or

 439-6                     (B)  a successor to that section.

 439-7               (5)  "Electronic publishing joint venture" means a

 439-8   joint venture owned by an incumbent local exchange company or

 439-9   affiliate that provides electronic publishing disseminated by the

439-10   basic telephone service of:

439-11                     (A)  the incumbent local exchange company; or

439-12                     (B)  an affiliate of the incumbent local exchange

439-13   company.

439-14               (6)  "Entity" means an organization and includes a

439-15   corporation, partnership, sole proprietorship, association, or

439-16   joint venture.

439-17               (7)  "Inbound telemarketing" means marketing property,

439-18   goods, or services by telephone to a customer or potential customer

439-19   who initiates the call.

439-20               (8)  "Modification of final judgment" means the order

439-21   entered August 24, 1982, in the antitrust action styled United

439-22   States v. Western Electric, Civil Action No. 82-0192, in the United

439-23   States District Court for the District of Columbia, and includes

439-24   any judgment or order with respect to that action issued on or

439-25   after August 24, 1982.

439-26               (9)  "Own" means to have the:

439-27                     (A)  equivalent of a direct or indirect equity

 440-1   interest of more than 10 percent of an entity; or

 440-2                     (B)  right to more than 10 percent of the gross

 440-3   revenues of an entity under a revenue sharing or royalty agreement.

 440-4               (10)  "Separated affiliate" means a corporation that:

 440-5                     (A)  does not own or control an incumbent local

 440-6   exchange company;

 440-7                     (B)  is not owned or controlled by an incumbent

 440-8   local exchange company; and

 440-9                     (C)  is under common ownership or control with an

440-10   incumbent local exchange company and provides electronic publishing

440-11   that is disseminated by the basic telephone service of:

440-12                           (i)  the incumbent local exchange company;

440-13   or

440-14                           (ii)  an affiliate of the incumbent local

440-15   exchange company.  (V.A.C.S. Art. 1446c-0, Secs. 3.551(1), (2),

440-16   (3), (4), (6), (7), (8), (9), (10); New.)

440-17         Sec. 63.002.  ELECTRONIC PUBLISHING DEFINED.  (a)  In this

440-18   chapter, "electronic publishing" means the use of an incumbent

440-19   local exchange company's basic telephone service to disseminate,

440-20   provide, publish, or sell to a nonaffiliated entity or person:

440-21               (1)  news;

440-22               (2)  entertainment other than an interactive game;

440-23               (3)  business, financial, legal, consumer, or credit

440-24   material;

440-25               (4)  an editorial;

440-26               (5)  a column;

440-27               (6)  sports reporting;

 441-1               (7)  a feature;

 441-2               (8)  advertising;

 441-3               (9)  a photograph or image;

 441-4               (10)  archival or research material;

 441-5               (11)  a legal notice or public record;

 441-6               (12)  scientific, educational, instructional,

 441-7   technical, professional, trade, or other literary material; or

 441-8               (13)  other similar information.

 441-9         (b)  In this chapter, "electronic publishing" does not

441-10   include providing the following network services:

441-11               (1)  information access, as that term is defined by the

441-12   modification of final judgment;

441-13               (2)  transmission of information as a common carrier;

441-14               (3)  transmission of information as part of a gateway

441-15   to an information service that does not involve the generation or

441-16   alteration of the content of information, including data

441-17   transmission, address translation, protocol conversion, billing

441-18   management, introductory information content, or navigational

441-19   systems that enable users to access electronic publishing services

441-20   and that do not affect the presentation of those electronic

441-21   publishing services to users;

441-22               (4)  a voice storage and retrieval service, including

441-23   voice messaging and electronic mail service;

441-24               (5)  level two gateway services as those services are

441-25   defined by the Federal Communications Commission's Second Report

441-26   and Order, Recommendation to Congress and Second Further Notice of

441-27   Proposed Rulemaking in CC Docket No. 87-266 dated August 14, 1992

 442-1   (7 FCC Record 5781 (1992));

 442-2               (6)  a data processing service that does not involve

 442-3   the generation or alteration of the content of information;

 442-4               (7)  a transaction processing system that does not

 442-5   involve the generation or alteration of the content of information;

 442-6               (8)  electronic billing or advertising of a regulated

 442-7   telecommunications service of an incumbent local exchange company;

 442-8               (9)  language translation;

 442-9               (10)  conversion of information from one format to

442-10   another;

442-11               (11)  information necessary for the management,

442-12   control, or operation of a telephone company telecommunications

442-13   system;

442-14               (12)  directory assistance that:

442-15                     (A)  provides names, addresses, and telephone

442-16   numbers; and

442-17                     (B)  does not include advertising;

442-18               (13)  a caller identification service;

442-19               (14)  repairing and provisioning a database for a

442-20   telephone company operation;

442-21               (15)  credit card and billing validation for a

442-22   telephone company operation;

442-23               (16)  a 911-E or another emergency assistance database;

442-24               (17)  another network service of a type that:

442-25                     (A)  is similar to the network services listed in

442-26   this subsection; and

442-27                     (B)  does not involve the generation or

 443-1   alteration of the content of information;

 443-2               (18)  an upgrade to a network service listed in this

 443-3   subsection that does not involve the generation or alteration of

 443-4   the content of information;

 443-5               (19)  full motion video entertainment on demand; or

 443-6               (20)  video programming, as defined by Section 602,

 443-7   Communications Act of 1934 (47 U.S.C. Section 522).  (V.A.C.S.

 443-8   Art. 1446c-0, Sec. 3.551(5).)

 443-9         Sec. 63.003.  INCUMBENT LOCAL EXCHANGE COMPANY DEFINED.

443-10   (a)  Except as provided by Subsection (b), in this chapter,

443-11   "incumbent local exchange company" means:

443-12               (1)  a corporation that:

443-13                     (A)  serves more than five million access lines

443-14   in this state; and

443-15                     (B)  is subject to the modification of final

443-16   judgment;

443-17               (2)  an entity owned or controlled by a corporation

443-18   described by Subdivision (1); or

443-19               (3)  a successor or assign of a corporation described

443-20   by Subdivision (1).

443-21         (b)  In this chapter "incumbent local exchange company" does

443-22   not include an electronic publishing joint venture that is:

443-23               (1)  owned by a corporation or entity described by

443-24   Subsection (a); and

443-25               (2)  permitted by Section 63.039, 63.040, or 63.041.

443-26   (V.A.C.S.  Art. 1446c-0, Sec. 3.551(11).)

443-27         Sec. 63.004.  CERTAIN SERVICES NOT PROHIBITED.  This chapter

 444-1   does not prohibit:

 444-2               (1)  a separated affiliate or electronic publishing

 444-3   joint venture from providing in any area electronic publishing or

 444-4   another service; or

 444-5               (2)  an incumbent local exchange company or affiliate

 444-6   from providing:

 444-7                     (A)  a service other than electronic publishing

 444-8   in any area; or

 444-9                     (B)  electronic publishing that is not

444-10   disseminated by the basic telephone service of:

444-11                           (i)  the company; or

444-12                           (ii)  an affiliate of the company.

444-13   (V.A.C.S.  Art. 1446c-0, Secs. 3.552(b), (c).)

444-14         Sec. 63.005.  INVESTMENT OF DIVIDENDS.  This chapter does not

444-15   prohibit an affiliate from investing a dividend derived from an

444-16   incumbent local exchange company in its separated affiliate.

444-17   (V.A.C.S. Art. 1446c-0, Sec. 3.557 (part).)

444-18         Sec. 63.006.  JOINT VIOLATIONS.  An incumbent local exchange

444-19   company, an affiliate, or a separated affiliate may not act jointly

444-20   with another entity to knowingly and wilfully violate or evade a

444-21   requirement of this chapter.  (V.A.C.S. Art. 1446c-0, Sec.  3.556.)

444-22         Sec. 63.007.  PRIVATE COMPLAINT; APPLICATION FOR ORDER.  (a)

444-23   A person may file with the commission a complaint that an act or

444-24   practice of an incumbent local exchange company, affiliate, or

444-25   separated affiliate violates this chapter.

444-26         (b)  A person may apply to the commission for the commission

444-27   to order an incumbent local exchange company, affiliate, or

 445-1   separated affiliate to cease and desist from an act or practice

 445-2   that violates this chapter.  (V.A.C.S.  Art. 1446c-0, Secs.

 445-3   3.563(a) (part), (b) (part).)

 445-4         Sec. 63.008.  PRIVATE SUIT FOR INJUNCTION.  A person may

 445-5   bring suit in district court for an injunction to compel an

 445-6   incumbent local exchange company, affiliate, or separated affiliate

 445-7   to discontinue a violation of this chapter or to comply with a

 445-8   requirement of this chapter.  (V.A.C.S. Art. 1446c-0, Sec. 3.563(b)

 445-9   (part).)

445-10         Sec. 63.009.  PRIVATE SUIT FOR DAMAGES.  (a)  A person may

445-11   bring suit to recover damages that result from a violation of this

445-12   chapter.

445-13         (b)  An incumbent local exchange company, affiliate, or

445-14   separated affiliate is liable for damages if the incumbent local

445-15   exchange company violates this chapter or causes a violation of

445-16   this chapter.

445-17         (c)  The incumbent local exchange company is liable to a

445-18   person injured by a violation of this chapter caused by the company

445-19   for:

445-20               (1)  the amount of the damages that result from the

445-21   violation; and

445-22               (2)  reasonable attorney's fees.

445-23         (d)  The court shall determine and award attorney's fees in

445-24   each case in which damages are awarded.  The attorney's fees shall

445-25   be taxed and collected as part of the costs of the suit.

445-26         (e)  The court may not award damages for a violation:

445-27               (1)  discovered by a compliance review under Section

 446-1   63.034; and

 446-2               (2)  corrected before the 91st day after the date of

 446-3   its discovery.  (V.A.C.S. Art. 1446c-0, Sec. 3.563(a) (part).)

 446-4         Sec. 63.010.  APPLICABILITY OF ANTITRUST LAWS.  This chapter

 446-5   does not modify, impair, or supersede the applicability of

 446-6   antitrust laws.  (V.A.C.S. Art. 1446c-0, Sec. 3.564.)

 446-7         Sec. 63.011.  APPLICABILITY OF CHAPTER.  This chapter does

 446-8   not apply to conduct that occurs after June 30, 2001.  (V.A.C.S.

 446-9   Art. 1446c-0, Sec. 3.566.)

446-10             (Sections 63.012-63.030 reserved for expansion)

446-11             SUBCHAPTER B.  ELECTRONIC PUBLISHING SAFEGUARDS

446-12         Sec. 63.031.  PUBLICATION BY BASIC TELEPHONE SERVICE

446-13   PROHIBITED.  An incumbent local exchange company or affiliate may

446-14   not provide electronic publishing disseminated by the basic

446-15   telephone service of:

446-16               (1)  the incumbent local exchange company; or

446-17               (2)  an affiliate of the incumbent local exchange

446-18   company.  (V.A.C.S. Art. 1446c-0, Sec. 3.552(a).)

446-19         Sec. 63.032.  SEPARATED AFFILIATE OR JOINT VENTURE

446-20   REQUIREMENTS.  (a)  A separated affiliate or electronic publishing

446-21   joint venture shall maintain books, records, and accounts that:

446-22               (1)  are separate from the books, records, and accounts

446-23   of the incumbent local exchange company and any affiliate; and

446-24               (2)  record, in accordance with generally accepted

446-25   accounting principles, all direct and indirect transactions with

446-26   the incumbent local exchange company.

446-27         (b)  A separated affiliate or electronic publishing joint

 447-1   venture shall prepare financial statements that are not

 447-2   consolidated with the financial statements of the incumbent local

 447-3   exchange company or an affiliate.  Additional consolidated

 447-4   statements may be prepared.

 447-5         (c)  A separated affiliate or electronic publishing joint

 447-6   venture shall file annual reports with the commission.  The reports

 447-7   must be in a form substantially equivalent to the Form 10-K

 447-8   required by federal Securities and Exchange Commission regulations.

 447-9         (d)  A separated affiliate or electronic publishing joint

447-10   venture may not hire:

447-11               (1)  as a corporate officer, a sales or marketing

447-12   manager whose responsibilities at the separated affiliate or

447-13   electronic publishing joint venture include a geographic area in

447-14   which the incumbent local exchange company provides basic telephone

447-15   service;

447-16               (2)  network operations personnel whose

447-17   responsibilities at the separated affiliate or electronic

447-18   publishing joint venture require dealing directly with the

447-19   incumbent local exchange company; or

447-20               (3)  a person who was employed by the incumbent local

447-21   exchange company during the year preceding the date of hire.

447-22         (e)  Subsection (d)(3) does not apply to a person who is

447-23   subject to a collective bargaining agreement under which the person

447-24   has a right to be employed by a separated affiliate or electronic

447-25   publishing joint venture of the local exchange company.

447-26         (f)  A separated affiliate or electronic publishing joint

447-27   venture may not:

 448-1               (1)  incur debt in a manner that, on default, would

 448-2   permit a creditor to have recourse against an asset of the

 448-3   incumbent local exchange company;

 448-4               (2)  provide a wireline telephone exchange service in a

 448-5   telephone exchange area in which an incumbent local exchange

 448-6   company with which it is under common ownership or control provides

 448-7   basic telephone exchange service, unless the service is provided by

 448-8   resale; or

 448-9               (3)  use a name, trademark, or service mark of an

448-10   incumbent local exchange company unless the name, trademark, or

448-11   service mark is used in common with the entity that owns or

448-12   controls the incumbent local exchange company.  (V.A.C.S.

448-13   Art. 1446c-0, Sec. 3.553 (part).)

448-14         Sec. 63.033.  INCUMBENT LOCAL EXCHANGE COMPANY REQUIREMENTS.

448-15   (a)  This section applies only to an incumbent local exchange

448-16   company that is under common ownership or control with a separated

448-17   affiliate or electronic publishing joint venture.

448-18         (b)  An incumbent local exchange company shall:

448-19               (1)  carry out each transaction with a separated

448-20   affiliate in a manner:

448-21                     (A)  equivalent to the manner that unrelated

448-22   parties would carry out an independent transaction; and

448-23                     (B)  able to be audited in accordance with

448-24   generally accepted auditing standards;

448-25               (2)  carry out a transaction with a separated affiliate

448-26   that involves the transfer of personnel, assets, or anything of

448-27   value, in accordance with a written contract or tariff that is

 449-1   filed with the commission and made available to the public;

 449-2               (3)  value an asset the company transfers to a

 449-3   separated affiliate at the greater of the asset's net book cost or

 449-4   fair market value;

 449-5               (4)  value an asset the company's separated affiliate

 449-6   transfers to the company at the lesser of the asset's net book cost

 449-7   or fair market value; and

 449-8               (5)  comply fully with applicable accounting rules of

 449-9   the Federal Communications Commission and the commission, including

449-10   rules on cost allocation.

449-11         (c)  An incumbent local exchange company may not directly or

449-12   indirectly provide anything of monetary value to a separated

449-13   affiliate unless the item is provided in exchange for consideration

449-14   valued in an amount at least equal to the greater of the item's net

449-15   book cost or fair market value.  This subsection does not apply to

449-16   an affiliate's investment of a dividend or profit derived from an

449-17   incumbent local exchange company.

449-18         (d)  An incumbent local exchange company may not:

449-19               (1)  provide a separated affiliate a facility, a

449-20   service, or basic telephone service information unless the company

449-21   makes the facility, service, or information available to

449-22   nonaffiliated entities on request and on the same terms;

449-23               (2)  provide debt or equity financing directly or

449-24   indirectly to a separated affiliate, except in an instance in which

449-25   Federal Communications Commission regulations or commission rules

449-26   permit:

449-27                     (A)  in-arrears payment for a tariffed

 450-1   telecommunications service; or

 450-2                     (B)  an affiliate to invest a dividend or profit

 450-3   derived from an incumbent local exchange company;

 450-4               (3)  discriminate in the presentation or provision of a

 450-5   gateway for electronic publishing services or an electronic

 450-6   directory of information services that is provided over the

 450-7   company's basic telephone service;

 450-8               (4)  have a director, officer, or employee in common

 450-9   with a separated affiliate;

450-10               (5)  own property in common with a separated affiliate;

450-11               (6)  hire or train personnel for a separated affiliate;

450-12               (7)  purchase, install, or maintain equipment for a

450-13   separated affiliate, except for telephone service that the company

450-14   provides under tariff or contract subject to this chapter; or

450-15               (8)  perform a research or development activity for a

450-16   separated affiliate.  (V.A.C.S. Art. 1446c-0, Secs. 3.554(a)

450-17   (part), (g), (h).)

450-18         Sec. 63.034.  COMPLIANCE REVIEW AND REPORT.  (a)  A separated

450-19   affiliate or an electronic publishing joint venture annually shall

450-20   have a compliance review performed to determine whether the

450-21   separated affiliate or joint venture, during the preceding calendar

450-22   year, complied with the requirements this chapter imposes on the

450-23   separated affiliate or joint venture.

450-24         (b)  An incumbent local exchange company that is under common

450-25   ownership or control with a separated affiliate or electronic

450-26   publishing joint venture annually shall have a compliance review

450-27   performed to determine whether the company, during the preceding

 451-1   calendar year, complied with the requirements this chapter imposes

 451-2   on the company.

 451-3         (c)  An independent entity that is subject to professional,

 451-4   legal, and ethical obligations must conduct the compliance review.

 451-5         (d)  The compliance review must be performed each year

 451-6   before:

 451-7               (1)  March 31; or

 451-8               (2)  another date prescribed by the commission.

 451-9         (e)  An entity subject to a compliance review under

451-10   Subsection (a) or (b) shall maintain the results of the entity's

451-11   compliance review for five years subject to review by a lawful

451-12   authority.

451-13         (f)  Before the 91st day after the date an entity subject to

451-14   a compliance review under Subsection (a) or (b) receives the

451-15   results of a compliance review under this section, the entity

451-16   shall:

451-17               (1)  file with the commission a report of any

451-18   exceptions or corrective actions; and

451-19               (2)  allow any person to inspect and copy the report.

451-20         (g)  The right of a person to inspect and copy the report is

451-21   subject to reasonable safeguards to protect proprietary information

451-22   in the report from being used for a purpose other than to enforce

451-23   this chapter or to pursue a remedy under this chapter.  (V.A.C.S.

451-24   Art. 1446c-0, Secs. 3.553 (part), 3.554(a) (part).)

451-25         Sec. 63.035.  SERVICES TO ELECTRONIC PUBLISHER.  (a)  This

451-26   section applies only to an incumbent local exchange company that is

451-27   under common ownership and control with a separated affiliate or an

 452-1   electronic publishing joint venture.

 452-2         (b)  If the incumbent local exchange company provides a

 452-3   facility or service for telecommunication, transmission, billing

 452-4   and collection, or expanded interconnection to an electronic

 452-5   publisher, including a separated affiliate, for use in connection

 452-6   with the provision of electronic publishing disseminated by the

 452-7   basic telephone service of the incumbent local exchange company or

 452-8   an affiliate of the incumbent local exchange company, the incumbent

 452-9   local exchange company shall provide to any electronic publisher on

452-10   request the same type of facility or service.  The facility or

452-11   service must be:

452-12               (1)  provided on the same terms as provided to another

452-13   electronic publisher or as required by the Federal Communications

452-14   Commission or the commission; and

452-15               (2)  unbundled and individually tariffed to the

452-16   smallest extent technically feasible and economically reasonable.

452-17         (c)  The incumbent local exchange company shall provide

452-18   network access and interconnection for basic telephone service to

452-19   an electronic publisher:

452-20               (1)  at any technically feasible and economically

452-21   reasonable point in the incumbent local exchange company's network;

452-22   and

452-23               (2)  at a just and reasonable rate that:

452-24                     (A)  is tariffed if rates for the service are

452-25   subject to regulation; and

452-26                     (B)  is not higher on a per unit basis than the

452-27   rate charged for the service to another electronic publisher or a

 453-1   separated affiliate engaged in electronic publishing.

 453-2         (d)  If the price for network access or interconnection for

 453-3   basic telephone service is not subject to regulation, the incumbent

 453-4   local exchange company shall provide the service to an electronic

 453-5   publisher on the same terms under which a separated affiliate

 453-6   receives the service.

 453-7         (e)  If a tariff is not required for a basic telephone

 453-8   service used by an electronic publisher, the incumbent local

 453-9   exchange company shall provide an electronic publisher with the

453-10   service on the same terms under which a separated affiliate

453-11   receives the service.  (V.A.C.S. Art. 1446c-0, Secs. 3.554(b), (c),

453-12   (d), (e).)

453-13         Sec. 63.036.  INFORMATION PROVIDED.  (a)  An incumbent local

453-14   exchange company under common ownership or control with a separated

453-15   affiliate or an electronic publishing joint venture shall give to

453-16   each affected electronic publisher reasonable advance notification

453-17   of information that:

453-18               (1)  is necessary for an interconnected electronic

453-19   publisher to transmit or route information;

453-20               (2)  is necessary to ensure the interoperability of an

453-21   electronic publisher's network with the exchange company's network;

453-22   or

453-23               (3)  relates to a change in basic telephone service

453-24   network design or a technical standard that may affect the

453-25   provision of electronic publishing.

453-26         (b)  The notification must be given to each electronic

453-27   publisher at the same time and on the same terms.  (V.A.C.S.

 454-1   Art. 1446c-0, Sec. 3.554(f).)

 454-2         Sec. 63.037.  CUSTOMER PROPRIETARY NETWORK INFORMATION.  In

 454-3   accordance with Subchapter B, Chapter 62, an incumbent local

 454-4   exchange company or an affiliate may not provide an electronic

 454-5   publisher, including a separated affiliate or electronic publishing

 454-6   joint venture, with customer proprietary network information for

 454-7   use with or in connection with providing electronic publishing

 454-8   disseminated by the basic telephone service of the incumbent local

 454-9   exchange company or an affiliate of the incumbent local exchange

454-10   company unless the exchange company or affiliate makes the

454-11   information available to all electronic publishers on the same

454-12   terms.  (V.A.C.S. Art. 1446c-0, Sec.  3.555.)

454-13         Sec. 63.038.  PROHIBITED JOINT ACTIVITIES.  Except as

454-14   provided by Sections 63.039-63.041, an incumbent local exchange

454-15   company may not engage in any:

454-16               (1)  promotion, marketing, sales, or advertising for or

454-17   with a separated affiliate; or

454-18               (2)  promotion, marketing, sales, or advertising for or

454-19   with an affiliate if the activity is related to electronic

454-20   publishing.  (V.A.C.S.  Art. 1446c-0, Sec. 3.558.)

454-21         Sec. 63.039.  PERMITTED JOINT MARKETING OR REFERRAL

454-22   ACTIVITIES.  (a)  An incumbent local exchange company may provide

454-23   an inbound telemarketing or referral service related to the

454-24   provision of electronic publishing for:

454-25               (1)  a separated affiliate;

454-26               (2)  an electronic publishing joint venture;

454-27               (3)  an affiliate; or

 455-1               (4)  a nonaffiliated electronic publisher.

 455-2         (b)  To ensure that the company's method of providing the

 455-3   service or the company's price structure does not competitively

 455-4   disadvantage an electronic publisher, regardless of the publisher's

 455-5   size or whether the publisher uses a telemarketing service of the

 455-6   company, an incumbent local exchange company that provides an

 455-7   inbound telemarketing or referral service to a separated affiliate,

 455-8   electronic publishing joint venture, or affiliate shall make the

 455-9   service available to all electronic publishers:

455-10               (1)  on request;

455-11               (2)  on nondiscriminatory terms;

455-12               (3)  at compensatory prices; and

455-13               (4)  subject to rules of the commission.  (V.A.C.S.

455-14   Art. 1446c-0, Sec. 3.559(a).)

455-15         Sec. 63.040.  ELECTRONIC PUBLISHING TEAMING OR BUSINESS

455-16   ARRANGEMENTS.  (a)  An incumbent local exchange company may engage

455-17   in a nondiscriminatory teaming or business arrangement to engage in

455-18   electronic publishing with a separated affiliate or with another

455-19   electronic publisher.

455-20         (b)  An incumbent local exchange company engaged in a teaming

455-21   or business arrangement under Subsection (a)  may not own the

455-22   teaming or business arrangement.

455-23         (c)  An incumbent local exchange company engaged in a teaming

455-24   or business arrangement under Subsection (a)  may provide only

455-25   facilities, services, and basic telephone service information

455-26   authorized by this chapter.  (V.A.C.S. Art. 1446c-0, Sec.

455-27   3.559(b).)

 456-1         Sec. 63.041.  JOINT VENTURE PARTICIPATION.  (a)  Except as

 456-2   provided by Subsection (b), an incumbent local exchange company or

 456-3   affiliate may participate on a nonexclusive basis in an electronic

 456-4   publishing joint venture to provide electronic publishing services

 456-5   with an entity that is not:

 456-6               (1)  an incumbent local exchange company;

 456-7               (2)  an affiliate; or

 456-8               (3)  a separated affiliate.

 456-9         (b)  An incumbent local exchange company or affiliate may not

456-10   participate in an electronic publishing joint venture if the

456-11   company or affiliate has:

456-12               (1)  a direct or indirect equity interest in the

456-13   venture, or the equivalent, of more than 50 percent; or

456-14               (2)  the right to more than 50 percent of the gross

456-15   revenues of the venture under a revenue sharing or royalty

456-16   agreement.

456-17         (c)  Officers and employees of an incumbent local exchange

456-18   company or affiliate that participates in an electronic publishing

456-19   joint venture may not have more than 50 percent of the voting

456-20   control over the venture.

456-21         (d)  The commission for good cause shown may authorize an

456-22   incumbent local exchange company or affiliate to have a larger

456-23   percentage of equity interest, revenue share, or voting control

456-24   than that prescribed by Subsection (b)  or (c)  for a joint venture

456-25   between the company and a small, local, electronic publisher.  The

456-26   larger percentage may not exceed 80 percent.

456-27         (e)  An incumbent local exchange company that participates in

 457-1   an electronic publishing joint venture may provide promotion,

 457-2   marketing, sales, or advertising personnel or services to the joint

 457-3   venture.  (V.A.C.S. Art. 1446c-0, Sec. 3.559(c).)

 457-4         Sec. 63.042.  OTHER ELECTRONIC PUBLISHERS.  (a)  Except as

 457-5   provided by Section 63.041:

 457-6               (1)  an incumbent local exchange company may not have

 457-7   an officer, employee, property, or facility in common with an

 457-8   entity whose principal business is publishing if the business

 457-9   includes electronic publishing; and

457-10               (2)  an officer or employee of an incumbent local

457-11   exchange company may not serve as a director of an entity whose

457-12   principal business is publishing if the business includes

457-13   electronic publishing.

457-14         (b)  For the purposes of Subsection (a), an incumbent local

457-15   exchange company or affiliate that owns an electronic publishing

457-16   joint venture is not considered engaged in the electronic

457-17   publishing business solely because of that ownership.

457-18         (c)  Except as provided by Section 63.041, an incumbent local

457-19   exchange company may not:

457-20               (1)  market or sell for an entity that engages in

457-21   electronic publishing;

457-22               (2)  provide a facility, service, or basic telephone

457-23   service information to an entity that engages in electronic

457-24   publishing, for use with or in connection with the provision of

457-25   electronic publishing that is disseminated by the basic telephone

457-26   service of the incumbent local exchange company or an affiliate of

457-27   the incumbent local exchange company, unless an equivalent

 458-1   facility, service, or information is made available on equivalent

 458-2   terms to all other entities; or

 458-3               (3)  hire personnel, purchase, or carry out production

 458-4   for an entity that engages in electronic publishing.  (V.A.C.S.

 458-5   Art. 1446c-0, Sec. 3.562.)

 458-6             (Sections 63.043-63.060 reserved for expansion)

 458-7            SUBCHAPTER C.  ELECTRONIC PUBLISHING TRANSACTIONS

 458-8         Sec. 63.061.  ELECTRONIC PUBLISHING TRANSACTIONS BETWEEN

 458-9   INCUMBENT LOCAL EXCHANGE COMPANY AND AFFILIATE GENERALLY.  (a)  If

458-10   related to the provision of electronic publishing, the provision of

458-11   a facility, a service, or basic telephone service information by an

458-12   incumbent local exchange company to an affiliate or the transfer of

458-13   an asset, including personnel or something of commercial or

458-14   competitive value, from an incumbent local exchange company to an

458-15   affiliate shall be:

458-16               (1)  recorded in the books and records of the incumbent

458-17   local exchange company and the affiliate;

458-18               (2)  able to be audited in accordance with generally

458-19   accepted auditing standards; and

458-20               (3)  done in accordance with a written contract or

458-21   tariff filed with the commission.

458-22         (b)  A transfer of an asset directly related to the provision

458-23   of electronic publishing from an incumbent local exchange company

458-24   to an affiliate shall be valued at the greater of the asset's net

458-25   book cost or fair market value.

458-26         (c)  A transfer of an asset related to the provision of

458-27   electronic publishing from an affiliate to the incumbent local

 459-1   exchange company shall be valued at the lesser of the asset's net

 459-2   book cost or fair market value.

 459-3         (d)  An incumbent local exchange company may not directly or

 459-4   indirectly provide to a separated affiliate a facility, a service,

 459-5   or basic telephone service information related to the provision of

 459-6   electronic publishing unless the facility, service, or information

 459-7   is made available to nonaffiliated companies on the same terms.

 459-8   (V.A.C.S. Art. 1446c-0, Sec. 3.560.)

 459-9         Sec. 63.062.  ELECTRONIC PUBLISHING TRANSACTIONS BETWEEN

459-10   INCUMBENT LOCAL EXCHANGE COMPANY AND SEPARATED AFFILIATE.  (a)  If

459-11   an incumbent local exchange company provides to an affiliate a

459-12   facility, a service, or basic telephone service information subject

459-13   to Section 63.061(a) or transfers to an affiliate an asset subject

459-14   to that section and the affiliate provides the facility, service,

459-15   or information to a separated affiliate or transfers the asset to a

459-16   separated affiliate, the transaction shall be:

459-17               (1)  recorded in the books and records of each entity;

459-18               (2)  able to be audited in accordance with generally

459-19   accepted auditing standards; and

459-20               (3)  done in accordance with a written contract or

459-21   tariff filed with the commission.

459-22         (b)  A transfer of an asset directly related to the provision

459-23   of electronic publishing from an incumbent local exchange company

459-24   to an affiliate as described by Section 63.061 and then transferred

459-25   to a separated affiliate shall be valued at the greater of the

459-26   asset's net book cost or fair market value.

459-27         (c)  A transfer of an asset related to the provision of

 460-1   electronic publishing from a separated affiliate to an affiliate

 460-2   and then transferred to the incumbent local exchange company as

 460-3   described by Section 63.061 shall be valued at the lesser of the

 460-4   asset's net book cost or fair market value.

 460-5         (d)  An affiliate may not provide directly or indirectly to a

 460-6   separated affiliate a facility, a service, or basic telephone

 460-7   service information related to the provision of electronic

 460-8   publishing unless the facility, service, or information is made

 460-9   available to nonaffiliated companies on the same terms.  (V.A.C.S.

460-10   Art. 1446c-0, Sec. 3.561.)

460-11         Sec. 63.063.  EXCEPTION.  This subchapter does not apply to

460-12   an investment described by Section 63.005.  (V.A.C.S. Art. 1446c-0,

460-13   Sec. 3.557 (part).)

460-14                (Chapters 64-100 reserved for expansion)

460-15                        TITLE 3.  GAS REGULATION

460-16                 SUBTITLE A.  GAS UTILITY REGULATORY ACT

460-17             CHAPTER 101.  GENERAL PROVISIONS AND OFFICE OF

460-18                         PUBLIC UTILITY COUNSEL

460-19                    SUBCHAPTER A.  GENERAL PROVISIONS

460-20   Sec. 101.001.  SHORT TITLE 

460-21   Sec. 101.002.  PURPOSE AND FINDINGS 

460-22   Sec. 101.003.  DEFINITIONS 

460-23   Sec. 101.004.  PERSON DETERMINED TO BE AFFILIATE 

460-24   Sec. 101.005.  ADMINISTRATIVE PROCEDURE 

460-25   Sec. 101.006.  CUMULATIVE EFFECT; APPLICATION TO GAS

460-26                    UTILITIES 

460-27   Sec. 101.007.  LIBERAL CONSTRUCTION 

 461-1   Sec. 101.008.  CONSTRUCTION WITH FEDERAL AUTHORITY 

 461-2            (Sections 101.009-101.050 reserved for expansion)

 461-3             SUBCHAPTER B.  OFFICE OF PUBLIC UTILITY COUNSEL

 461-4   Sec. 101.051.  OFFICE OF PUBLIC UTILITY COUNSEL 

 461-5   Sec. 101.052.  OFFICE POWERS AND DUTIES 

 461-6   Sec. 101.053.  PROHIBITED ACTS 

 461-7   Sec. 101.054.  PERSONNEL 

 461-8             CHAPTER 101.  GENERAL PROVISIONS AND OFFICE OF

 461-9                         PUBLIC UTILITY COUNSEL

461-10                    SUBCHAPTER A.  GENERAL PROVISIONS

461-11         Sec. 101.001.  SHORT TITLE.  This subtitle may be cited as

461-12   the Gas Utility Regulatory Act.  (V.A.C.S.  Art. 1446e, Sec. 1.01.)

461-13         Sec. 101.002.  PURPOSE AND FINDINGS.  (a)  This subtitle is

461-14   enacted to protect the public interest inherent in the rates and

461-15   services of gas utilities.  The purpose of this subtitle is to

461-16   establish a comprehensive and adequate regulatory system for gas

461-17   utilities to assure rates, operations, and services that are just

461-18   and reasonable to the consumers and to the utilities.

461-19         (b)  Gas utilities are by definition monopolies in the areas

461-20   they serve.  As a result, the normal forces of competition that

461-21   regulate prices in a free enterprise society do not operate. Public

461-22   agencies regulate utility rates, operations, and services as a

461-23   substitute for competition. (V.A.C.S. Art. 1446e, Sec. 1.02.)

461-24         Sec. 101.003.  DEFINITIONS.  In this subtitle:

461-25               (1)  "Affected person" means:

461-26                     (A)  a gas utility affected by an action of a

461-27   regulatory authority;

 462-1                     (B)  a person whose utility service or rates are

 462-2   affected by a proceeding before a regulatory authority; or

 462-3                     (C)  a person who:

 462-4                           (i)  is a competitor of a gas utility with

 462-5   respect to a service performed by the utility; or

 462-6                           (ii)  wants to enter into competition with

 462-7   a gas utility.

 462-8               (2)  "Affiliate" means:

 462-9                     (A)  a person who directly or indirectly owns or

462-10   holds at least five percent of the voting securities of a gas

462-11   utility;

462-12                     (B)  a person in a chain of successive ownership

462-13   of at least five percent of the voting securities of a gas utility;

462-14                     (C)  a corporation that has at least five percent

462-15   of its voting securities owned or controlled, directly or

462-16   indirectly, by a gas utility;

462-17                     (D)  a corporation that has at least five percent

462-18   of its voting securities owned or controlled, directly or

462-19   indirectly, by:

462-20                           (i)  a person who directly or indirectly

462-21   owns or controls at least five percent of the voting securities of

462-22   a gas utility; or

462-23                           (ii)  a person in a chain of successive

462-24   ownership of at least five percent of the voting securities of a

462-25   gas utility;

462-26                     (E)  a person who is an officer or director of a

462-27   gas utility or of a corporation in a chain of successive ownership

 463-1   of at least five percent of the voting securities of a gas utility;

 463-2   or

 463-3                     (F)  a person determined to be an affiliate under

 463-4   Section 101.004.

 463-5               (3)  "Allocation" means the division among

 463-6   municipalities or among municipalities and unincorporated areas of

 463-7   the plant, revenues, expenses, taxes, and reserves of a gas utility

 463-8   used to provide gas utility service in a municipality or for a

 463-9   municipality and unincorporated areas.

463-10               (4)  "Corporation" means a domestic or foreign

463-11   corporation, joint-stock company, or association, and each lessee,

463-12   assignee, trustee, receiver, or other successor in interest of the

463-13   corporation, company, or association, that has any of the powers or

463-14   privileges of a corporation not possessed by an individual or

463-15   partnership.  The term does not include a municipal corporation,

463-16   except as expressly provided by this subtitle.

463-17               (5)  "Counsellor" means the chief executive of the

463-18   Office of Public Utility Counsel.

463-19               (6)  "Facilities" means all of the plant and equipment

463-20   of a gas utility, and includes the tangible and intangible

463-21   property, without limitation, owned, operated, leased, licensed,

463-22   used, controlled, or supplied for, by, or in connection with the

463-23   business of the gas utility.

463-24               (7)  "Gas utility" includes a person or river authority

463-25   that owns or operates for compensation in this state equipment or

463-26   facilities to transmit or distribute combustible hydrocarbon

463-27   natural gas or synthetic natural gas for sale or resale in a manner

 464-1   not subject to the jurisdiction of the Federal Energy Regulatory

 464-2   Commission under the Natural Gas Act (15 U.S.C. Section 717 et

 464-3   seq.).  The term includes a lessee, trustee, or receiver of a gas

 464-4   utility.  The term does not include:

 464-5                     (A)  a municipal corporation;

 464-6                     (B)  a person or river authority to the extent

 464-7   the person or river authority:

 464-8                           (i)  produces, gathers, transports, or

 464-9   sells natural gas or synthetic natural gas under Section 121.004 or

464-10   121.005;

464-11                           (ii)  distributes or sells liquefied

464-12   petroleum gas; or

464-13                           (iii)  transports, delivers, or sells

464-14   natural gas for fuel for irrigation wells or any other direct

464-15   agricultural use;

464-16                     (C)  a person to the extent the person:

464-17                           (i)  sells natural gas for use as vehicle

464-18   fuel;

464-19                           (ii)  sells natural gas to a person who

464-20   later sells the natural gas for use as vehicle fuel; or

464-21                           (iii)  owns or operates equipment or

464-22   facilities to sell or transport natural gas for ultimate use as

464-23   vehicle fuel; or

464-24                     (D)  a person not otherwise a gas utility who

464-25   furnishes gas or gas service only to itself, its employees, or its

464-26   tenants as an incident of employment or tenancy, if the gas or gas

464-27   service is not resold to or used by others.

 465-1               (8)  "Municipally owned utility" means a utility owned,

 465-2   operated, and controlled by a municipality or by a nonprofit

 465-3   corporation the directors of which are appointed by one or more

 465-4   municipalities.

 465-5               (9)  "Order" means all or a part of a final disposition

 465-6   by a regulatory authority in a matter other than rulemaking,

 465-7   without regard to whether the disposition is affirmative or

 465-8   negative or injunctive or declaratory.  The term includes the

 465-9   setting of a rate.

465-10               (10)  "Person" includes an individual, a partnership of

465-11   two or more persons having a joint or common interest, a mutual or

465-12   cooperative association, and a corporation.

465-13               (11)  "Proceeding" means a hearing, investigation,

465-14   inquiry, or other procedure for finding facts or making a decision

465-15   under this subtitle.  The term includes a denial of relief or

465-16   dismissal of a complaint.

465-17               (12)  "Rate" means:

465-18                     (A)  any compensation, tariff, charge, fare,

465-19   toll, rental, or classification that is directly or indirectly

465-20   demanded, observed, charged, or collected by a gas utility for a

465-21   service, product, or commodity described in the definition of gas

465-22   utility in this section; and

465-23                     (B)  a rule, regulation, practice, or contract

465-24   affecting the compensation, tariff, charge, fare, toll, rental, or

465-25   classification.

465-26               (13)  "Regulatory authority" means either the railroad

465-27   commission or the governing body of a municipality, in accordance

 466-1   with the context.

 466-2               (14)  "Service" has its broadest and most inclusive

 466-3   meaning.  The term includes any act performed, anything supplied,

 466-4   and any facilities used or supplied by a gas utility in the

 466-5   performance of the utility's duties under this subtitle to its

 466-6   patrons, employees, other gas utilities, and the public.  The term

 466-7   also includes the interchange of facilities between two or more gas

 466-8   utilities.

 466-9               (15)  "State agency" has the meaning assigned by

466-10   Section 572.002, Government Code, to the extent the state agency

466-11   must obtain the approval described by Section 31.401(a), Natural

466-12   Resources Code.

466-13               (16)  "Test year" means the most recent 12 months,

466-14   beginning on the first day of a calendar or fiscal year quarter,

466-15   for which operating data for a gas utility are available.

466-16   (V.A.C.S. Art. 1446e, Secs. 1.03(1), (3), (4), (6), (7), (8)

466-17   (part), (9), (10), (11), (12), (13), (14), (15), (16), (17).)

466-18         Sec. 101.004.  PERSON DETERMINED TO BE AFFILIATE.  (a)  The

466-19   railroad commission may determine that a person is an affiliate for

466-20   purposes of this subtitle if the railroad commission after notice

466-21   and hearing finds that the person:

466-22               (1)  actually exercises substantial influence or

466-23   control over the policies and actions of a gas utility;

466-24               (2)  is a person over which a gas utility exercises the

466-25   control described by Subdivision (1);

466-26               (3)  is under common control with a gas utility; or

466-27               (4)  actually exercises substantial influence over the

 467-1   policies and actions of a gas utility in conjuction with one or

 467-2   more persons with whom the person is related by ownership or blood

 467-3   relationship, or by action in concert, that together they are

 467-4   affiliated with the gas utility within the meaning of this section

 467-5   even though neither person may qualify as an affiliate

 467-6   individually.

 467-7         (b)  For purposes of Subsection (a)(3), "common control with

 467-8   a gas utility" means the direct or indirect possession of the power

 467-9   to direct or cause the direction of the management and policies of

467-10   another, without regard to whether that power is established

467-11   through ownership or voting of securities or by any other direct or

467-12   indirect means.  (V.A.C.S. Art. 1446e, Sec. 1.03(8) (part).)

467-13         Sec. 101.005.  ADMINISTRATIVE PROCEDURE.  Chapter 2001,

467-14   Government Code, applies to a proceeding under this subtitle except

467-15   to the extent inconsistent with this subtitle.  (V.A.C.S.

467-16   Art. 1446e, Sec. 1.04.)

467-17         Sec. 101.006.  CUMULATIVE EFFECT; APPLICATION TO GAS

467-18   UTILITIES.  (a)  This subtitle is cumulative of laws existing on

467-19   September 1, 1983, relating to the jurisdiction, power, or

467-20   authority of the railroad commission over a gas utility, and,

467-21   except as specifically in conflict with this subtitle, that

467-22   jurisdiction, power, and authority are not limited by this

467-23   subtitle.

467-24         (b)  This subtitle applies to all gas utilities, including a

467-25   gas utility that is under the jurisdiction, power, or authority of

467-26   the railroad commission in accordance with a law other than this

467-27   subtitle.  (V.A.C.S. Art. 1446e, Sec. 2.01(c).)

 468-1         Sec. 101.007.  LIBERAL CONSTRUCTION.  This subtitle shall be

 468-2   construed liberally to promote the effectiveness and efficiency of

 468-3   regulation of gas utilities to the extent that this construction

 468-4   preserves the validity of this subtitle and its provisions.

 468-5   (V.A.C.S. Art. 1446e, Sec. 10.04 (part).)

 468-6         Sec. 101.008.  CONSTRUCTION WITH FEDERAL AUTHORITY.  This

 468-7   subtitle shall be construed to apply so as not to conflict with any

 468-8   authority of the United States.  (V.A.C.S. Art. 1446e, Sec. 10.04

 468-9   (part).)

468-10            (Sections 101.009-101.050 reserved for expansion)

468-11             SUBCHAPTER B.  OFFICE OF PUBLIC UTILITY COUNSEL

468-12         Sec. 101.051.  OFFICE OF PUBLIC UTILITY COUNSEL.  The

468-13   independent office of public utility counsel represents the

468-14   interests of residential consumers.  (V.A.C.S. Art. 1446e, Sec.

468-15   9.07(a).)

468-16         Sec. 101.052.  OFFICE POWERS AND DUTIES.  (a)  The office:

468-17               (1)  may appear or intervene as a party or otherwise

468-18   represent residential consumers, as a class, in appeals to the

468-19   railroad commission only at the written request of an affected

468-20   municipality's governing body;

468-21               (2)  may initiate or intervene as a matter of right or

468-22   otherwise appear in a judicial proceeding that involves an action

468-23   taken by the railroad commission in a proceeding in which the

468-24   office was a party;

468-25               (3)  is entitled to the same access as a party, other

468-26   than railroad commission staff, to records gathered by the railroad

468-27   commission under Section 102.203;

 469-1               (4)  is entitled to discovery of any nonprivileged

 469-2   matter that is relevant to the subject matter of a proceeding or

 469-3   petition before the railroad commission;

 469-4               (5)  may represent an individual residential consumer

 469-5   with respect to the consumer's disputed complaint concerning

 469-6   utility services that is unresolved before the railroad commission;

 469-7   and

 469-8               (6)  may recommend legislation to the legislature that

 469-9   the office determines would positively affect the interests of

469-10   residential consumers.

469-11         (b)  The office may represent only as a class the residential

469-12   consumers of a municipality that makes a request under Subsection

469-13   (a)(1).

469-14         (c)  This section does not limit the authority of the

469-15   railroad commission to represent residential consumers.

469-16         (d)  The appearance of the counsellor in a proceeding does

469-17   not preclude the appearance of other parties on behalf of

469-18   residential consumers.  The counsellor may not be grouped with any

469-19   other party.  (V.A.C.S. Art. 1446e, Secs. 9.07(f), (g), (h).)

469-20         Sec. 101.053.  PROHIBITED ACTS.  (a)  The counsellor may not:

469-21               (1)  have a direct or indirect interest in a gas

469-22   utility company regulated under this subtitle; or

469-23               (2)  provide legal services directly or indirectly to

469-24   or be employed in any capacity by a gas utility company regulated

469-25   under this subtitle, its parent, or its subsidiary companies,

469-26   corporations, or cooperatives.

469-27         (b)  The prohibition under Subsection (a) applies during the

 470-1   period of the counsellor's service and until the first anniversary

 470-2   of the date the counsellor ceases to serve as counsellor.

 470-3         (c)  This section does not prohibit a person from otherwise

 470-4   engaging in the private practice of law after the person ceases to

 470-5   serve as counsellor.  (V.A.C.S. Art. 1446e, Sec. 9.07(e).)

 470-6         Sec. 101.054.  PERSONNEL.  (a)  The counsellor may employ

 470-7   lawyers, economists, engineers, consultants, statisticians,

 470-8   accountants, clerical staff, and other employees as the counsellor

 470-9   determines necessary to carry out this subchapter.

470-10         (b)  An employee receives compensation as prescribed by the

470-11   legislature from the assessment imposed by Subchapter A, Chapter

470-12   16.  (V.A.C.S. Art. 1446e, Sec. 9.07(c).)

470-13                CHAPTER 102.  JURISDICTION AND POWERS OF

470-14          RAILROAD COMMISSION AND OTHER REGULATORY AUTHORITIES

470-15          SUBCHAPTER A.  GENERAL POWERS OF RAILROAD COMMISSION

470-16   Sec. 102.001.  RAILROAD COMMISSION JURISDICTION 

470-17   Sec. 102.002.  LIMITATION ON RAILROAD COMMISSION

470-18                    JURISDICTION 

470-19   Sec. 102.003.  RAILROAD COMMISSION POWERS RELATING

470-20                    TO REPORTS 

470-21   Sec. 102.004.  REPORT OF SUBSTANTIAL INTEREST 

470-22   Sec. 102.005.  ASSISTANCE TO MUNICIPALITY 

470-23            (Sections 102.006-102.050 reserved for expansion)

470-24           SUBCHAPTER B.  RESTRICTIONS ON CERTAIN TRANSACTIONS

470-25   Sec. 102.051.  REPORT OF CERTAIN TRANSACTIONS;

470-26                    RAILROAD COMMISSION CONSIDERATION 

470-27   Sec. 102.052.  REPORT OF PURCHASE OF VOTING STOCK IN GAS

 471-1                    UTILITY 

 471-2   Sec. 102.053.  REPORT OF LOAN TO STOCKHOLDERS 

 471-3   Sec. 102.054.  APPROVAL OF CONVEYANCE OF GAS RESERVE RIGHTS 

 471-4            (Sections 102.055-102.100 reserved for expansion)

 471-5                         SUBCHAPTER C.  RECORDS

 471-6   Sec. 102.101.  RECORDS OF GAS UTILITY 

 471-7   Sec. 102.102.  MAINTENANCE OF OFFICE AND RECORDS IN THIS

 471-8                    STATE 

 471-9   Sec. 102.103.  COMMUNICATIONS WITH REGULATORY AUTHORITY 

471-10   Sec. 102.104.  JURISDICTION OVER AFFILIATE 

471-11            (Sections 102.105-102.150 reserved for expansion)

471-12               SUBCHAPTER D.  REQUIRED REPORTS AND FILINGS

471-13   Sec. 102.151.  SCHEDULE FILINGS 

471-14   Sec. 102.152.  DEPRECIATION ACCOUNT 

471-15   Sec. 102.153.  ACCOUNTS OF PROFITS AND LOSSES 

471-16   Sec. 102.154.  REPORT OF CERTAIN EXPENSES 

471-17            (Sections 102.155-102.200 reserved for expansion)

471-18                  SUBCHAPTER E.  AUDITS AND INSPECTIONS

471-19   Sec. 102.201.  INQUIRY INTO MANAGEMENT AND AFFAIRS 

471-20   Sec. 102.202.  AUDIT OF ACCOUNTS 

471-21   Sec. 102.203.  INSPECTION 

471-22   Sec. 102.204.  EXAMINATIONS UNDER OATH 

471-23   Sec. 102.205.  ENTERING PREMISES OF GAS UTILITY 

471-24   Sec. 102.206.  PRODUCTION OF OUT-OF-STATE RECORDS 

471-25            (Sections 102.207-102.250 reserved for expansion)

 472-1        SUBCHAPTER F.  GENERAL PROVISIONS RELATING TO PROCEEDINGS

 472-2                       BEFORE REGULATORY AUTHORITY

 472-3   Sec. 102.251.  RECORD OF PROCEEDING 

 472-4   Sec. 102.252.  RIGHT TO BE HEARD 

 472-5                CHAPTER 102.  JURISDICTION AND POWERS OF

 472-6          RAILROAD COMMISSION AND OTHER REGULATORY AUTHORITIES

 472-7          SUBCHAPTER A.  GENERAL POWERS OF RAILROAD COMMISSION

 472-8         Sec. 102.001.  RAILROAD COMMISSION JURISDICTION.  (a)  The

 472-9   railroad commission has exclusive original jurisdiction over the

472-10   rates and services of a gas utility distributing natural gas or

472-11   synthetic natural gas in areas outside a municipality.  The

472-12   railroad commission also has exclusive original jurisdiction over

472-13   the rates and services of a gas utility that transmits, transports,

472-14   delivers, or sells natural gas or synthetic natural gas to a gas

472-15   utility that distributes the gas to the public.

472-16         (b)  The railroad commission has exclusive appellate

472-17   jurisdiction to review an order or ordinance of a municipality as

472-18   provided by this subtitle.  (V.A.C.S.  Art. 1446e, Sec. 2.01(b).)

472-19         Sec. 102.002.  LIMITATION ON RAILROAD COMMISSION

472-20   JURISDICTION. Except as otherwise provided by this subtitle, this

472-21   subtitle does not authorize the railroad commission to:

472-22               (1)  regulate or supervise a rate or service of a

472-23   municipally owned utility; or

472-24               (2)  affect the jurisdiction, power, or duty of a

472-25   municipality that has elected to regulate and supervise a gas

472-26   utility in the municipality.  (V.A.C.S. Art. 1446e, Sec. 2.02.)

472-27         Sec. 102.003.  RAILROAD COMMISSION POWERS RELATING TO

 473-1   REPORTS.  The railroad commission may:

 473-2               (1)  require a gas utility to report to the railroad

 473-3   commission information relating to the gas utility and an affiliate

 473-4   inside or outside this state as useful in administering this

 473-5   subtitle;

 473-6               (2)  establish the form for a report;

 473-7               (3)  determine the time for a report and the frequency

 473-8   with which the report is to be made;

 473-9               (4)  require that a report be made under oath;

473-10               (5)  require the filing with the railroad commission of

473-11   a copy of:

473-12                     (A)  a contract or arrangement between a gas

473-13   utility and an affiliate;

473-14                     (B)  a report filed with a federal agency or a

473-15   governmental agency or body of another state; and

473-16                     (C)  an annual report that shows each payment of

473-17   compensation, other than salary or wages subject to federal income

473-18   tax withholding:

473-19                           (i)  to residents of this state;

473-20                           (ii)  with respect to legal,

473-21   administrative, or legislative matters in this state; or

473-22                           (iii)  for representation before the

473-23   legislature of this state or any governmental agency or body; and

473-24               (6)  require that a contract or arrangement described

473-25   by Subdivision (5)(A) that is not in writing be reduced to writing

473-26   and filed with the railroad commission.  (V.A.C.S. Art. 1446e, Sec.

473-27   4.02.)

 474-1         Sec. 102.004.  REPORT OF SUBSTANTIAL INTEREST.  The railroad

 474-2   commission may require disclosure of the identity and respective

 474-3   interests of each owner of at least one percent of the voting

 474-4   securities of a gas utility or its affiliate.  (V.A.C.S.

 474-5   Art. 1446e, Sec. 7.02.)

 474-6         Sec. 102.005.  ASSISTANCE TO MUNICIPALITY.  On request of a

 474-7   municipality, the railroad commission may advise and assist the

 474-8   municipality with respect to a question or proceeding arising under

 474-9   this subtitle.  Assistance provided by the railroad commission may

474-10   include aid to a municipality on a matter pending before the

474-11   railroad commission, a court, or the municipality's governing body,

474-12   such as making a staff member available as a witness or otherwise

474-13   providing evidence.  (V.A.C.S.  Art. 1446e, Sec. 3.04.)

474-14            (Sections 102.006-102.050 reserved for expansion)

474-15           SUBCHAPTER B.  RESTRICTIONS ON CERTAIN TRANSACTIONS

474-16         Sec. 102.051.  REPORT OF CERTAIN TRANSACTIONS; RAILROAD

474-17   COMMISSION CONSIDERATION.  (a)  Unless a gas utility reports the

474-18   transaction to the railroad commission within a reasonable time,

474-19   the gas utility may not:

474-20               (1)  sell, acquire, or lease a plant as an operating

474-21   unit or system in this state for a total consideration of more than

474-22   $100,000; or

474-23               (2)  merge or consolidate with another gas utility

474-24   operating in this state.

474-25         (b)  On the filing of a report with the railroad commission,

474-26   the railroad commission shall investigate the transaction described

474-27   by Subsection (a), with or without a public hearing, to determine

 475-1   whether the action is consistent with the public interest.  In

 475-2   reaching its determination, the railroad commission shall consider

 475-3   the reasonable value of the property, facilities, or securities to

 475-4   be acquired, disposed of, merged, or consolidated.

 475-5         (c)  If the railroad commission finds that a transaction is

 475-6   not in the public interest, the railroad commission shall take the

 475-7   effect of the transaction into consideration in ratemaking

 475-8   proceedings and disallow the effect of the transaction if the

 475-9   transaction will unreasonably affect rates or service.

475-10         (d)  This section does not apply to:

475-11               (1)  the purchase of a unit of property for

475-12   replacement; or

475-13               (2)  an addition to the facilities of a gas utility by

475-14   construction.  (V.A.C.S. Art. 1446e, Sec. 6.01.)

475-15         Sec. 102.052.  REPORT OF PURCHASE OF VOTING STOCK IN GAS

475-16   UTILITY.  A gas utility may not purchase voting stock in another

475-17   gas utility doing business in this state unless the utility reports

475-18   the purchase to the railroad commission.  (V.A.C.S. Art. 1446e,

475-19   Sec. 6.02.)

475-20         Sec. 102.053.  REPORT OF LOAN TO STOCKHOLDERS.  A gas utility

475-21   may not loan money, stocks, bonds, notes, or other evidence of

475-22   indebtedness to a person who directly or indirectly owns or holds

475-23   any stock of the gas utility unless the gas utility reports the

475-24   transaction to the railroad commission within a reasonable time.

475-25   (V.A.C.S. Art. 1446e, Sec. 6.03.)

475-26         Sec. 102.054.  APPROVAL OF CONVEYANCE OF GAS RESERVE RIGHTS.

475-27   A gas utility may not sell, convey, bank, or assign rights to a gas

 476-1   reserve to a utility or an interstate pipeline without the prior

 476-2   approval of the railroad commission.  (V.A.C.S. Art. 1446e, Sec.

 476-3   6.04.)

 476-4            (Sections 102.055-102.100 reserved for expansion)

 476-5                         SUBCHAPTER C.  RECORDS

 476-6         Sec. 102.101.  RECORDS OF GAS UTILITY.  (a)  Each gas utility

 476-7   shall keep and provide to the regulatory authority, in the manner

 476-8   and form prescribed by the railroad commission, uniform accounts of

 476-9   all business transacted by the gas utility.

476-10         (b)  The railroad commission may prescribe the form of books,

476-11   accounts, records, and memoranda to be kept by a gas utility,

476-12   including:

476-13               (1)  the books, accounts, records, and memoranda of:

476-14                     (A)  the provision of and capacity for service;

476-15   and

476-16                     (B)  the receipt and expenditure of money; and

476-17               (2)  any other form, record, and memorandum that the

476-18   railroad commission considers necessary to carry out this subtitle.

476-19         (c)  For a gas utility subject to regulation by a federal

476-20   regulatory agency, compliance with the system of accounts

476-21   prescribed for the particular class of utilities by the federal

476-22   agency may be considered sufficient compliance with the system

476-23   prescribed by the railroad commission.  The railroad commission may

476-24   prescribe the form of books, accounts, records, and memoranda

476-25   covering information in addition to that required by the federal

476-26   agency.  The system of accounts and the form of books, accounts,

476-27   records, and memoranda prescribed by the railroad commission for a

 477-1   gas utility or class of utilities may not be inconsistent with the

 477-2   systems and forms established by a federal agency for that gas

 477-3   utility or class of utilities.

 477-4         (d)  Each gas utility shall:

 477-5               (1)  keep and provide its books, accounts, records, and

 477-6   memoranda accurately and faithfully in the manner and form

 477-7   prescribed by the railroad commission; and

 477-8               (2)  comply with the directions of the regulatory

 477-9   authority relating to the books, accounts, records, and memoranda.

477-10         (e)  In this section, "gas utility" includes a municipally

477-11   owned utility.  (V.A.C.S. Art. 1446e, Secs. 4.01(a), (d) (part),

477-12   (f).)

477-13         Sec. 102.102.  MAINTENANCE OF OFFICE AND RECORDS IN THIS

477-14   STATE.  (a)  Each gas utility shall maintain an office in this

477-15   state in a county in which some part of the utility's property is

477-16   located.  The gas utility shall keep in this office all books,

477-17   accounts, records, and memoranda required by the railroad

477-18   commission to be kept in this state.

477-19         (b)  A book, account, record, or memorandum required by the

477-20   regulatory authority to be kept in this state may not be removed

477-21   from this state except as prescribed by the railroad commission.

477-22   (V.A.C.S. Art. 1446e, Sec. 4.07.)

477-23         Sec. 102.103.  COMMUNICATIONS WITH REGULATORY AUTHORITY.  (a)

477-24   The regulatory authority shall adopt rules governing communications

477-25   with the regulatory authority or a member or employee of the

477-26   regulatory authority by:

477-27               (1)  a gas utility;

 478-1               (2)  an affiliate; or

 478-2               (3)  a representative of a gas utility or affiliate.

 478-3         (b)  A record of a communication must contain:

 478-4               (1)  the name of the person contacting the regulatory

 478-5   authority or member or employee of the regulatory authority;

 478-6               (2)  the name of the business entity represented;

 478-7               (3)  a brief description of the subject matter of the

 478-8   communication; and

 478-9               (4)  the action, if any, requested by the gas utility,

478-10   affiliate, or representative.

478-11         (c)  Records compiled under Subsection (b) shall be available

478-12   to the public monthly.  (V.A.C.S. Art. 1446e, Sec. 4.08.)

478-13         Sec. 102.104.  JURISDICTION OVER AFFILIATE.  The railroad

478-14   commission has jurisdiction over an affiliate that has a

478-15   transaction with a gas utility under the railroad commission's

478-16   jurisdiction to the extent of access to an account or a record of

478-17   the affiliate relating to the transaction, including an account or

478-18   a record of joint or general expenses, any portion of which may be

478-19   applicable to the transaction.  (V.A.C.S. Art. 1446e, Sec. 7.01.)

478-20            (Sections 102.105-102.150 reserved for expansion)

478-21               SUBCHAPTER D.  REQUIRED REPORTS AND FILINGS

478-22         Sec. 102.151.  SCHEDULE FILINGS.  (a)  A gas utility shall

478-23   file with each regulatory authority schedules showing all rates

478-24   that are:

478-25               (1)  subject to the regulatory authority's original or

478-26   appellate jurisdiction; and

478-27               (2)  in effect for a gas utility service, product, or

 479-1   commodity offered by the gas utility.

 479-2         (b)  The gas utility shall file as a part of the schedules

 479-3   required under Subsection (a) each rule or regulation that relates

 479-4   to or affects:

 479-5               (1)  a rate of the gas utility; or

 479-6               (2)  a gas utility service, product, or commodity

 479-7   furnished by the gas utility.  (V.A.C.S.  Art. 1446e, Sec. 4.06.)

 479-8         Sec. 102.152.  DEPRECIATION ACCOUNT.  The railroad commission

 479-9   shall require each gas utility or municipally owned utility to

479-10   carry a proper and adequate depreciation account in accordance

479-11   with:

479-12               (1)  the rates and methods prescribed by the railroad

479-13   commission under Section 104.054; and

479-14               (2)  any other rule the railroad commission adopts.

479-15   (V.A.C.S. Art. 1446e, Secs. 4.01(b) (part), (f).)

479-16         Sec. 102.153.  ACCOUNTS OF PROFITS AND LOSSES.  A gas utility

479-17   or municipally owned utility shall keep separate accounts showing

479-18   profits or losses from the sale or lease of merchandise, including

479-19   an appliance, a fixture, or equipment.  (V.A.C.S. Art. 1446e, Secs.

479-20   4.01(c) (part), (f).)

479-21         Sec. 102.154.  REPORT OF CERTAIN EXPENSES.  A regulatory

479-22   authority may require a gas utility to annually report the

479-23   utility's expenditures for:

479-24               (1)  business gifts and entertainment; and

479-25               (2)  advertising or public relations, including

479-26   expenditures for institutional and consumption-inducing purposes.

479-27   (V.A.C.S. Art. 1446e, Sec. 4.04 (part).)

 480-1            (Sections 102.155-102.200 reserved for expansion)

 480-2                  SUBCHAPTER E.  AUDITS AND INSPECTIONS

 480-3         Sec. 102.201.  INQUIRY INTO MANAGEMENT AND AFFAIRS.  A

 480-4   regulatory authority may inquire into the management and affairs of

 480-5   each gas utility and shall keep itself informed as to the manner

 480-6   and method in which each gas utility is managed and its affairs are

 480-7   conducted.  (V.A.C.S. Art. 1446e, Sec. 4.03(c).)

 480-8         Sec. 102.202.  AUDIT OF ACCOUNTS.  A regulatory authority may

 480-9   require the examination and audit of the accounts of a gas or

480-10   municipally owned utility.  (V.A.C.S. Art. 1446e, Secs. 4.01(d)

480-11   (part), (f).)

480-12         Sec. 102.203.  INSPECTION.  At a reasonable time for a

480-13   reasonable purpose, a regulatory authority and, to the extent

480-14   authorized by the regulatory authority, its counsel, agent, or

480-15   employee may:

480-16               (1)  inspect and obtain copies of the papers, books,

480-17   accounts, documents, and other business records of a gas utility

480-18   within its jurisdiction; and

480-19               (2)  inspect the plant, equipment, and other property

480-20   of a gas utility within its jurisdiction.  (V.A.C.S. Art. 1446e,

480-21   Sec. 4.03(a) (part).)

480-22         Sec. 102.204.  EXAMINATIONS UNDER OATH.  In connection with

480-23   an investigation taken under Section 102.203, the regulatory

480-24   authority may:

480-25               (1)  examine under oath an officer, agent, or employee

480-26   of a gas utility; or

480-27               (2)  authorize the person conducting the action to make

 481-1   the examination under oath.  (V.A.C.S. Art. 1446e, Sec. 4.03(a)

 481-2   (part).)

 481-3         Sec. 102.205.  ENTERING PREMISES OF GAS UTILITY.  (a)  A

 481-4   member, agent, or employee of a regulatory authority may enter the

 481-5   premises occupied by a gas utility to conduct an inspection,

 481-6   examination, or test or to exercise any other authority provided by

 481-7   this subtitle.

 481-8         (b)  A member, agent, or employee of the regulatory authority

 481-9   may act under this section only during reasonable hours and after

481-10   reasonable notice to the gas utility.

481-11         (c)  A gas utility is entitled to be represented when an

481-12   inspection, examination, or test is conducted on its premises.  The

481-13   gas utility is entitled to a reasonable time to secure a

481-14   representative before the inspection, examination, or test begins.

481-15   (V.A.C.S. Art. 1446e, Secs. 4.03(b), 4.10(a) (part).)

481-16         Sec. 102.206.  PRODUCTION OF OUT-OF-STATE RECORDS.  (a)  A

481-17   regulatory authority may require, by order or subpoena served on a

481-18   gas utility, the production, at the time and place in this state

481-19   that the regulatory authority designates, of any books, accounts,

481-20   papers, or records kept by that gas utility outside this state or,

481-21   if ordered by the railroad commission, verified copies of the

481-22   books, accounts, papers, or records.

481-23         (b)  A gas utility that fails or refuses to comply with an

481-24   order or subpoena under this section violates this subtitle.

481-25   (V.A.C.S. Art. 1446e, Sec.  4.03(a) (part).)

 482-1            (Sections 102.207-102.250 reserved for expansion)

 482-2        SUBCHAPTER F.  GENERAL PROVISIONS RELATING TO PROCEEDINGS

 482-3                       BEFORE REGULATORY AUTHORITY

 482-4         Sec. 102.251.  RECORD OF PROCEEDING.  The regulatory

 482-5   authority shall keep a record of each proceeding before the

 482-6   authority.  (V.A.C.S. Art. 1446e, Sec. 10.02 (part).)

 482-7         Sec. 102.252.  RIGHT TO BE HEARD.  Each party to a proceeding

 482-8   before a regulatory authority is entitled to be heard by attorney

 482-9   or in person.  (V.A.C.S. Art. 1446e, Sec. 10.02 (part).)

482-10          CHAPTER 103.  JURISDICTION AND POWERS OF MUNICIPALITY

482-11                    SUBCHAPTER A.  GENERAL PROVISIONS

482-12   Sec. 103.001.  MUNICIPAL JURISDICTION 

482-13   Sec. 103.002.  FRANCHISES 

482-14            (Sections 103.003-103.020 reserved for expansion)

482-15                    SUBCHAPTER B.  RATE DETERMINATION

482-16   Sec. 103.021.  MUNICIPAL PROCEEDINGS 

482-17   Sec. 103.022.  RATE ASSISTANCE AND COST REIMBURSEMENT 

482-18   Sec. 103.023.  MUNICIPAL STANDING 

482-19   Sec. 103.024.  JUDICIAL REVIEW 

482-20            (Sections 103.025-103.050 reserved for expansion)

482-21                SUBCHAPTER C.  APPEAL OF MUNICIPAL ORDER

482-22   Sec. 103.051.  APPEAL BY PARTY 

482-23   Sec. 103.052.  APPEAL BY RESIDENTS 

482-24   Sec. 103.053.  APPEAL BY RATEPAYERS OUTSIDE MUNICIPALITY 

482-25   Sec. 103.054.  FILING OF APPEAL 

482-26   Sec. 103.055.  HEARING AND ORDER 

482-27   Sec. 103.056.  APPLICABILITY OF RATES 

 483-1          CHAPTER 103.  JURISDICTION AND POWERS OF MUNICIPALITY

 483-2                    SUBCHAPTER A.  GENERAL PROVISIONS

 483-3         Sec. 103.001.  MUNICIPAL JURISDICTION.  To provide fair,

 483-4   just, and reasonable rates and adequate and efficient services, the

 483-5   governing body of a municipality has exclusive original

 483-6   jurisdiction over the rates, operations, and services of a gas

 483-7   utility within the municipality, subject to the limitations imposed

 483-8   by this subtitle.  (V.A.C.S. Art. 1446e, Sec. 2.01(a).)

 483-9         Sec. 103.002.  FRANCHISES.  (a)  This subtitle does not

483-10   restrict the rights and powers of a municipality to grant or refuse

483-11   a franchise to use the streets and alleys in the municipality or to

483-12   make a statutory charge for that use.

483-13         (b)  A municipality that performs a regulatory function under

483-14   this subtitle may make each charge that is authorized by:

483-15               (1)  this subtitle; or

483-16               (2)  the applicable franchise agreement.

483-17         (c)  A franchise agreement may not limit or interfere with a

483-18   power conferred on the railroad commission by this subtitle.

483-19   (V.A.C.S. Art. 1446e, Sec. 3.01.)

483-20            (Sections 103.003-103.020 reserved for expansion)

483-21                    SUBCHAPTER B.  RATE DETERMINATION

483-22         Sec. 103.021.  MUNICIPAL PROCEEDINGS.  (a)  A municipality

483-23   regulating a gas utility under this subtitle shall require the

483-24   utility to submit information as necessary to make a reasonable

483-25   determination of rate base, expenses, investment, and rate of

483-26   return in the municipality.

483-27         (b)  A municipality shall make a determination under

 484-1   Subsection (a) using the procedures and requirements prescribed by

 484-2   this subtitle.

 484-3         (c)  A municipality shall retain personnel necessary to make

 484-4   the determination of reasonable rates.  (V.A.C.S. Art. 1446e, Sec.

 484-5   3.02.)

 484-6         Sec. 103.022.  RATE ASSISTANCE AND COST REIMBURSEMENT.  (a)

 484-7   The governing body of a municipality participating in or conducting

 484-8   a ratemaking proceeding may engage rate consultants, accountants,

 484-9   auditors, attorneys, and engineers to:

484-10               (1)  conduct investigations, present evidence, and

484-11   advise and represent the governing body; and

484-12               (2)  assist the governing body with litigation or a gas

484-13   utility ratemaking proceeding before a regulatory authority or

484-14   court.

484-15         (b)  The gas utility in the ratemaking proceeding shall

484-16   reimburse the governing body of the municipality for the reasonable

484-17   cost of the services of a person engaged under Subsection (a) to

484-18   the extent the applicable regulatory authority determines

484-19   reasonable.  (V.A.C.S.  Art. 1446e, Sec. 3.03(a).)

484-20         Sec. 103.023.  MUNICIPAL STANDING.  (a)  A municipality has

484-21   standing in each case before the railroad commission that relates

484-22   to a gas utility's rates and services in the municipality.

484-23         (b)  A municipality's standing is subject to the right of the

484-24   railroad commission to consolidate that municipality with another

484-25   party on an issue of common interest.  (V.A.C.S. Art. 1446e, Sec.

484-26   3.03(b) (part).)

484-27         Sec. 103.024.  JUDICIAL REVIEW.  A municipality is entitled

 485-1   to judicial review of a railroad commission order relating to a gas

 485-2   utility's rates and services in a municipality as provided by

 485-3   Section 106.001.  (V.A.C.S. Art. 1446e, Sec. 3.03(b) (part).)

 485-4            (Sections 103.025-103.050 reserved for expansion)

 485-5                SUBCHAPTER C.  APPEAL OF MUNICIPAL ORDER

 485-6         Sec. 103.051.  APPEAL BY PARTY.  A party to a rate proceeding

 485-7   before a municipality's governing body may appeal the governing

 485-8   body's decision to the railroad commission.  (V.A.C.S.  Art. 1446e,

 485-9   Sec.  3.05(a).)

485-10         Sec. 103.052.  APPEAL BY RESIDENTS.  The residents of a

485-11   municipality may appeal to the railroad commission the decision of

485-12   the municipality's governing body in a rate proceeding by filing

485-13   with the railroad commission a petition for review signed by a

485-14   number of qualified  voters of the municipality equal to at least

485-15   the lesser of 20,000 or 10 percent of the qualified voters of the

485-16   municipality.  (V.A.C.S. Art. 1446e, Sec. 3.05(b).)

485-17         Sec. 103.053.  APPEAL BY RATEPAYERS OUTSIDE MUNICIPALITY.

485-18   (a)  The ratepayers of a municipally owned utility who are outside

485-19   the municipality may appeal to the railroad commission an action of

485-20   the municipality's governing body affecting the municipally owned

485-21   utility's rates by filing with the railroad commission a petition

485-22   for review signed by a number of ratepayers served by the utility

485-23   outside the municipality equal to at least the lesser of 10,000 or

485-24   five percent of those ratepayers.

485-25         (b)  A petition for review is properly signed if signed by a

485-26   person or the spouse of a person in whose name residential utility

485-27   service is carried.

 486-1         (c)  For purposes of this section, each person who receives a

 486-2   separate bill is a ratepayer.  A person who receives more than one

 486-3   bill may not be counted as more than one ratepayer.  (V.A.C.S.

 486-4   Art. 1446e, Sec. 3.05(c).)

 486-5         Sec. 103.054.  FILING OF APPEAL.  (a)  An appeal under this

 486-6   subchapter is initiated by filing a petition for review with the

 486-7   railroad commission and serving a copy of the petition on each

 486-8   party to the original rate proceeding.

 486-9         (b)  The appeal must be initiated not later than the 30th day

486-10   after the date of the final decision by the governing body of the

486-11   municipality.  (V.A.C.S.  Art. 1446e, Sec. 3.05(d).)

486-12         Sec. 103.055.  HEARING AND ORDER.  (a)  An appeal under this

486-13   subchapter is de novo and based on the test year presented to the

486-14   municipality adjusted for known changes and conditions that are

486-15   measurable with reasonable accuracy.

486-16         (b)  The railroad commission shall enter a final order

486-17   establishing the rates the railroad commission determines the

486-18   municipality should have set in the ordinance to which the appeal

486-19   applies.

486-20         (c)  If the railroad commission fails to enter a final order

486-21   within 185 days after the date the appeal is perfected, the rates

486-22   proposed by the gas utility are considered to be approved by the

486-23   railroad commission and take effect on the expiration of the

486-24   185-day period. (V.A.C.S. Art. 1446e, Sec. 3.05(e) (part).)

486-25         Sec. 103.056.  APPLICABILITY OF RATES.  Temporary or

486-26   permanent rates set by the railroad commission are prospective and

486-27   observed from the date of the applicable railroad commission order,

 487-1   except an interim rate order necessary to provide a gas utility the

 487-2   opportunity to avoid confiscation during the period beginning on

 487-3   the date a petition for review is filed with the railroad

 487-4   commission and ending on the date of a final order establishing

 487-5   rates.  (V.A.C.S. Art. 1446e, Sec. 3.05(e) (part).)

 487-6                    CHAPTER 104.  RATES AND SERVICES

 487-7                    SUBCHAPTER A.  GENERAL PROVISIONS

 487-8   Sec. 104.001.  AUTHORIZATION TO ESTABLISH AND REGULATE

 487-9                    RATES 

487-10   Sec. 104.002.  COMPLIANCE WITH SUBTITLE 

487-11   Sec. 104.003.  JUST AND REASONABLE RATES 

487-12   Sec. 104.004.  UNREASONABLE PREFERENCE OR PREJUDICE PROHIBITED 

487-13   Sec. 104.005.  EQUALITY OF RATES AND SERVICES 

487-14   Sec. 104.006.  RATES FOR AREA NOT IN MUNICIPALITY 

487-15   Sec. 104.007.  DISCRIMINATION AND RESTRICTION ON COMPETITION 

487-16   Sec. 104.008.  BURDEN OF PROOF 

487-17            (Sections 104.009-104.050 reserved for expansion)

487-18                   SUBCHAPTER B.  COMPUTATION OF RATES

487-19   Sec. 104.051.  ESTABLISHING OVERALL REVENUES 

487-20   Sec. 104.052.  ESTABLISHING FAIR RATE OF RETURN 

487-21   Sec. 104.053.  COMPONENTS OF ADJUSTED VALUE OF INVESTED

487-22                    CAPITAL 

487-23   Sec. 104.054.  DEPRECIATION, AMORTIZATION, AND DEPLETION 

487-24   Sec. 104.055.  NET INCOME; ALLOWABLE EXPENSES 

487-25   Sec. 104.056.  TREATMENT OF CERTAIN TAX BENEFITS 

487-26   Sec. 104.057.  CONSIDERATION OF CERTAIN EXPENSES 

487-27   Sec. 104.058.  CONSIDERATION OF PROFIT OR LOSS FROM SALE

 488-1                    OR LEASE OF MERCHANDISE 

 488-2            (Sections 104.059-104.100 reserved for expansion)

 488-3             SUBCHAPTER C.  RATE CHANGES PROPOSED BY UTILITY

 488-4   Sec. 104.101.  DEFINITION 

 488-5   Sec. 104.102.  STATEMENT OF INTENT TO INCREASE RATES 

 488-6   Sec. 104.103.  NOTICE OF INTENT TO INCREASE RATES 

 488-7   Sec. 104.104.  EARLY EFFECTIVE DATE OF RATE INCREASE 

 488-8   Sec. 104.105.  DETERMINATION OF PROPRIETY OF RATE CHANGE;

 488-9                    HEARING 

488-10   Sec. 104.106.  PREFERENCE TO HEARING 

488-11   Sec. 104.107.  RATE SUSPENSION; DEADLINE 

488-12   Sec. 104.108.  TEMPORARY RATES 

488-13   Sec. 104.109.  BONDED RATES 

488-14   Sec. 104.110.  ESTABLISHMENT OF FINAL RATES 

488-15   Sec. 104.111.  APPROVAL OF DECREASE IN RATES 

488-16            (Sections 104.112-104.150 reserved for expansion)

488-17           SUBCHAPTER D.  RATE CHANGES PROPOSED BY COMMISSION

488-18   Sec. 104.151.  UNREASONABLE OR VIOLATIVE EXISTING RATES 

488-19   Sec. 104.152.  INVESTIGATING COSTS OF OBTAINING SERVICE

488-20                    FROM ANOTHER SOURCE 

488-21            (Sections 104.153-104.200 reserved for expansion)

488-22             SUBCHAPTER E.  RATES FOR GOVERNMENTAL ENTITIES

488-23   Sec. 104.201.  TRANSPORTATION RATES BETWEEN GAS UTILITY OR

488-24                    MUNICIPALLY OWNED UTILITY AND STATE AGENCY 

488-25   Sec. 104.202.  EXCLUDED EXPENSES 

488-26   Sec. 104.203.  PAYMENT IN LIEU OF TAX 

488-27            (Sections 104.204-104.250 reserved for expansion)

 489-1                         SUBCHAPTER F.  SERVICES

 489-2   Sec. 104.251.  GENERAL STANDARD 

 489-3   Sec. 104.252.  AUTHORITY OF REGULATORY AUTHORITY CONCERNING

 489-4                    STANDARDS 

 489-5   Sec. 104.253.  RULE OR STANDARD 

 489-6   Sec. 104.254.  SERVICE 

 489-7   Sec. 104.255.  BILLING 

 489-8   Sec. 104.256.  EXAMINATION AND TEST OF INSTRUMENT OR EQUIPMENT;

 489-9                    INSPECTION 

489-10   Sec. 104.257.  INSPECTION FOR CONSUMER 

489-11                    CHAPTER 104.  RATES AND SERVICES

489-12                    SUBCHAPTER A.  GENERAL PROVISIONS

489-13         Sec. 104.001.  AUTHORIZATION TO ESTABLISH AND REGULATE RATES.

489-14   (a)  The railroad commission is vested with all the authority and

489-15   power of this state to ensure compliance with the obligations of

489-16   gas utilities in this subtitle.

489-17         (b)  The regulatory authority may establish and regulate

489-18   rates of a gas utility and may adopt rules for determining:

489-19               (1)  the classification of customers and services; and

489-20               (2)  the applicability of rates.

489-21         (c)  A rule or order of the regulatory authority may not

489-22   conflict with a ruling of a federal regulatory body.  (V.A.C.S.

489-23   Art. 1446e, Sec. 5.01.)

489-24         Sec. 104.002.  COMPLIANCE WITH SUBTITLE.  A gas utility may

489-25   not:

489-26               (1)  charge, collect, or receive a rate for utility

489-27   service except as provided by this subtitle; or

 490-1               (2)  impose a rule or regulation except as provided by

 490-2   this subtitle.  (V.A.C.S. Art. 1446e, Sec. 4.05.)

 490-3         Sec. 104.003.  JUST AND REASONABLE RATES.  (a)  The

 490-4   regulatory authority shall ensure that each rate a gas utility or

 490-5   two or more gas utilities jointly make, demand, or receive is just

 490-6   and reasonable.  A rate may not be unreasonably preferential,

 490-7   prejudicial, or discriminatory but must be sufficient, equitable,

 490-8   and consistent in application to each class of consumer.  In

 490-9   establishing a gas utility's rates, the railroad commission may

490-10   treat as a single class two or more municipalities that a gas

490-11   utility serves if the commission considers that treatment to be

490-12   appropriate.

490-13         (b)  A rate for a pipeline-to-pipeline transaction or to a

490-14   transportation, industrial, or similar large volume contract

490-15   customer is considered to be just and reasonable and otherwise to

490-16   comply with this section and shall be approved by the regulatory

490-17   authority if:

490-18               (1)  neither the gas utility nor the customer had an

490-19   unfair advantage during the negotiations;

490-20               (2)  the rate is substantially the same as the rate

490-21   between the gas utility and at least two of those customers under

490-22   the same or similar conditions of service; or

490-23               (3)  competition does or did exist with another gas

490-24   utility, another supplier of natural gas, or a supplier of an

490-25   alternative form of energy.

490-26         (c)  Subsection (b) does not apply:

490-27               (1)  if a complaint is filed with the railroad

 491-1   commission by a transmission pipeline purchaser of gas sold or

 491-2   transported under the pipeline-to-pipeline or transportation rate;

 491-3   or

 491-4               (2)  to a direct sale for resale to a gas distribution

 491-5   utility at a city gate.

 491-6         (d)  The reasonableness of gas purchase costs included in a

 491-7   city gate rate proposed to be charged for a sale for resale to a

 491-8   gas distribution utility at a city gate may be reviewed at a city

 491-9   gate rate proceeding even though the costs have been previously

491-10   approved as a rate for other parties under Subsection (b).

491-11         (e)  Subsection (b)(1) does not apply to a rate charged or

491-12   offered to be charged to an affiliated pipeline utility. (V.A.C.S.

491-13   Art. 1446e, Secs.  5.02(a), (b), (d), (f).)

491-14         Sec. 104.004.  UNREASONABLE PREFERENCE OR PREJUDICE

491-15   PROHIBITED.  A gas utility may not:

491-16               (1)  grant an unreasonable preference or advantage

491-17   concerning rates or services to a person in a classification;

491-18               (2)  subject a person in a classification to an

491-19   unreasonable prejudice or disadvantage concerning rates or

491-20   services; or

491-21               (3)  establish or maintain an unreasonable difference

491-22   concerning rates of services between localities or between classes

491-23   of service.  (V.A.C.S. Art. 1446e, Sec. 5.10.)

491-24         Sec. 104.005.  EQUALITY OF RATES AND SERVICES.  (a)  A gas

491-25   utility may not directly or indirectly charge, demand, collect, or

491-26   receive from a person a greater or lesser compensation for a

491-27   service provided or to be provided by the utility than the

 492-1   compensation prescribed by the applicable schedule of rates filed

 492-2   under Section 102.151.

 492-3         (b)  A person may not knowingly receive or accept a service

 492-4   from a gas utility for a compensation greater or less than the

 492-5   compensation prescribed by the schedules.  A rate charged and

 492-6   collected by a gas utility on September 1, 1983, may be continued

 492-7   until schedules are filed.

 492-8         (c)  After notice and hearing, the railroad commission may,

 492-9   in the public interest, order a gas utility to refund with interest

492-10   compensation received in violation of this section.

492-11         (d)  This subtitle does not prevent a cooperative corporation

492-12   from returning to its members net earnings resulting from its

492-13   operations in proportion to the members' purchases from or through

492-14   the corporation.  (V.A.C.S. Art. 1446e, Sec. 5.11.)

492-15         Sec. 104.006.  RATES FOR AREA NOT IN MUNICIPALITY.  Without

492-16   the approval of the railroad commission, a gas utility's rates for

492-17   an area not in a municipality may not exceed 115 percent of the

492-18   average of all rates for similar services for all municipalities

492-19   served by the same utility in the same county as that area.

492-20   (V.A.C.S. Art. 1446e, Sec. 5.09.)

492-21         Sec. 104.007.  DISCRIMINATION AND RESTRICTION ON COMPETITION.

492-22   A gas utility may not:

492-23               (1)  discriminate against a person who sells or leases

492-24   equipment or performs services in competition with the gas utility;

492-25   or

492-26               (2)  engage in a practice that tends to restrict or

492-27   impair that competition.  (V.A.C.S. Art. 1446e, Sec. 5.12.)

 493-1         Sec. 104.008.  BURDEN OF PROOF.  In a proceeding involving a

 493-2   proposed rate change, the gas utility has the burden of proving

 493-3   that:

 493-4               (1)  the rate change is just and reasonable, if the

 493-5   utility proposes the change; or

 493-6               (2)  an existing rate is just and reasonable, if the

 493-7   proposal is to reduce the rate.  (V.A.C.S. Art. 1446e, Sec.

 493-8   5.04(b).)

 493-9            (Sections 104.009-104.050 reserved for expansion)

493-10                   SUBCHAPTER B.  COMPUTATION OF RATES

493-11         Sec. 104.051.  ESTABLISHING OVERALL REVENUES.  In

493-12   establishing a gas utility's rates, the regulatory authority shall

493-13   establish the utility's overall revenues at an amount that will

493-14   permit the utility a reasonable opportunity to earn a reasonable

493-15   return on the utility's invested capital used and useful in

493-16   providing service to the public in excess of its reasonable and

493-17   necessary operating expenses.  (V.A.C.S. Art. 1446e, Sec. 5.03

493-18   (part).)

493-19         Sec. 104.052.  ESTABLISHING FAIR RATE OF RETURN.  The

493-20   regulatory authority may not establish a rate that yields more than

493-21   a fair return on the adjusted value of the invested capital used

493-22   and useful in providing service to the public.  (V.A.C.S.

493-23   Art. 1446e, Sec. 5.04(a).)

493-24         Sec. 104.053.  COMPONENTS OF ADJUSTED VALUE OF INVESTED

493-25   CAPITAL.  (a)  Gas utility rates shall be based on the adjusted

493-26   value of invested capital used and useful to the utility in

493-27   providing service and that adjusted value shall be computed on the

 494-1   basis of a reasonable balance between:

 494-2               (1)  original cost, less depreciation; and

 494-3               (2)  current cost, less an adjustment for present age

 494-4   and condition.

 494-5         (b)  The regulatory authority may determine a reasonable

 494-6   balance that reflects:

 494-7               (1)  not less than 60 percent nor more than 75 percent

 494-8   of the original cost of the property at the time the property was

 494-9   dedicated to public use, whether by the gas utility that is the

494-10   present owner or by a predecessor, less depreciation; and

494-11               (2)  not less than 25 percent nor more than 40 percent

494-12   of the current cost less an adjustment for present age and

494-13   condition.

494-14         (c)  In determining a reasonable balance, the regulatory

494-15   authority may consider inflation, deflation, quality of service

494-16   being provided, growth rate of the service area, and need for the

494-17   gas utility to attract new capital.

494-18         (d)  Construction work in progress, at cost as recorded on

494-19   the gas utility's books, may be included as part of the adjusted

494-20   value of invested capital used by and useful to the utility in

494-21   providing service, as necessary to the financial integrity of the

494-22   utility.

494-23         (e)  Costs of facilities, revenues, expenses, taxes, and

494-24   reserves shall be separated or allocated as prescribed by the

494-25   regulatory authority.

494-26         (f)  In this section, "original cost" means the actual money

494-27   cost or the actual money value of consideration paid other than

 495-1   money.  (V.A.C.S.  Art. 1446e, Sec. 5.05.)

 495-2         Sec. 104.054.  DEPRECIATION, AMORTIZATION, AND DEPLETION.

 495-3   (a)  The railroad commission shall establish proper and adequate

 495-4   rates and methods of depreciation, amortization, or depletion for

 495-5   each class of property of a gas utility or municipally owned

 495-6   utility.

 495-7         (b)  The rates and methods established under this section and

 495-8   the depreciation account required under Section 102.152 shall be

 495-9   used uniformly and consistently throughout rate-setting and appeal

495-10   proceedings.  (V.A.C.S. Art. 1446e, Secs. 4.01(b) (part), (f).)

495-11         Sec. 104.055.  NET INCOME; ALLOWABLE EXPENSES.  (a)  Net

495-12   income shall be used to establish just and reasonable rates.  For

495-13   that purpose, "net income" means the total revenues of the gas

495-14   utility from gas utility service less all reasonable and necessary

495-15   expenses related to that gas utility service.  The regulatory

495-16   authority shall determine those revenues and expenses in a manner

495-17   consistent with this subchapter.

495-18         (b)  In establishing a gas utility's rates, the regulatory

495-19   authority may not allow a gas utility's payment to an affiliate for

495-20   the cost of a service, property, right, or other item or for an

495-21   interest expense to be included as capital cost or as expense

495-22   related to gas utility service except to the extent that the

495-23   regulatory authority finds the payment is reasonable and necessary

495-24   for each item or class of items as determined by the regulatory

495-25   authority.  That finding must include:

495-26               (1)  a specific finding of the reasonableness and

495-27   necessity of each item or class of items allowed; and

 496-1               (2)  a finding that the price to the gas utility is not

 496-2   higher than the prices charged by the supplying affiliate to its

 496-3   other affiliates or divisions or to a nonaffiliated person for the

 496-4   same item or class of items.

 496-5         (c)  If an expense is allowed to be included in utility

 496-6   rates, or an investment is included in the utility rate base, the

 496-7   related income tax deduction or benefit shall be included in the

 496-8   computation of income tax expense to reduce the rates.  If an

 496-9   expense is disallowed or not included in utility rates, or an

496-10   investment is not included in the utility rate base, the related

496-11   income tax deduction or benefit may not be included in the

496-12   computation of income tax expense to reduce the rates.  The income

496-13   tax expense shall be computed using the statutory income tax rates.

496-14         (d)  The regulatory authority may adopt reasonable rules

496-15   complying with this section with respect to including and excluding

496-16   certain expenses in computing the rates to be established.

496-17         (e)  This section is not intended to increase gas utility

496-18   rates to the customer arising from a cause other than utility

496-19   service.  Utility rates may include only expenses arising from

496-20   providing utility service.  (V.A.C.S.  Art. 1446e, Sec. 5.06.)

496-21         Sec. 104.056.  TREATMENT OF CERTAIN TAX BENEFITS.  (a)  In

496-22   determining the allocation of tax savings derived from liberalized

496-23   depreciation and amortization, the investment tax credit, and the

496-24   application of similar methods, the regulatory authority shall:

496-25               (1)  balance equitably the interests of present and

496-26   future customers; and

496-27               (2)  apportion accordingly the benefits between

 497-1   consumers and the gas utility or municipally owned utility.

 497-2         (b)  If a gas utility or municipally owned utility retains a

 497-3   portion of the investment tax credit, that portion shall be

 497-4   deducted from the original cost of the facilities or other addition

 497-5   to the rate base to which the credit applied to the extent allowed

 497-6   by the Internal Revenue Code.  (V.A.C.S. Art. 1446e, Secs. 4.01(e),

 497-7   (f).)

 497-8         Sec. 104.057.  CONSIDERATION OF CERTAIN EXPENSES.  (a)  In

 497-9   establishing a gas utility's rates, the regulatory authority may

497-10   not allow as a cost or expense an expenditure:

497-11               (1)  described by Section 102.154 that the regulatory

497-12   authority determines to be not in the public interest; or

497-13               (2)  for legislative advocacy.

497-14         (b)  The regulatory authority may allow as a cost or expense

497-15   reasonable charitable or civic contributions not to exceed the

497-16   amount approved by the regulatory authority.  (V.A.C.S. Art. 1446e,

497-17   Sec. 4.04 (part).)

497-18         Sec. 104.058.  CONSIDERATION OF PROFIT OR LOSS FROM SALE OR

497-19   LEASE OF MERCHANDISE.  In establishing a gas utility's or

497-20   municipally owned utility's rates, the regulatory authority may not

497-21   consider a profit or loss that results from the sale or lease of

497-22   merchandise, including appliances, fixtures, or equipment, to the

497-23   extent that merchandise is not integral to providing utility

497-24   service.  (V.A.C.S. Art. 1446e, Secs. 4.01(c) (part), (f).)

497-25            (Sections 104.059-104.100 reserved for expansion)

497-26             SUBCHAPTER C.  RATE CHANGES PROPOSED BY UTILITY

497-27         Sec. 104.101.  DEFINITION.  In this subchapter, "major

 498-1   change" means an increase in rates that would increase the

 498-2   aggregate revenues of the applicant more than the greater of

 498-3   $100,000 or 2-1/2 percent.  The term does not include an increase

 498-4   in rates that the regulatory authority allows to go into effect or

 498-5   the gas utility makes under an order of the regulatory authority

 498-6   after hearings held with public notice.  (V.A.C.S. Art. 1446e, Sec.

 498-7   5.08(b) (part).)

 498-8         Sec. 104.102.  STATEMENT OF INTENT TO INCREASE RATES.  (a)  A

 498-9   gas utility may not increase its rates unless the utility files a

498-10   statement of its intent with the regulatory authority that has

498-11   original jurisdiction over those rates at least 35 days before the

498-12   effective date of the proposed increase.

498-13         (b)  The gas utility shall also mail or deliver a copy of the

498-14   statement of intent to the appropriate officer of each affected

498-15   municipality.

498-16         (c)  The statement of intent must include:

498-17               (1)  proposed revisions of tariffs and schedules; and

498-18               (2)  a detailed statement of:

498-19                     (A)  each proposed increase;

498-20                     (B)  the effect the proposed increase is expected

498-21   to have on the revenues of the utility;

498-22                     (C)  each class and number of utility consumers

498-23   affected; and

498-24                     (D)  any other information required by the

498-25   regulatory authority's rules and regulations.  (V.A.C.S.

498-26   Art. 1446e, Sec. 5.08(a) (part).)

498-27         Sec. 104.103.  NOTICE OF INTENT TO INCREASE RATES.  (a)  The

 499-1   gas utility shall:

 499-2               (1)  publish, in conspicuous form, notice to the public

 499-3   of the proposed increase once each week for four successive weeks

 499-4   in a newspaper having general circulation in each county containing

 499-5   territory affected by the proposed increase; and

 499-6               (2)  provide notice of the proposed increase to any

 499-7   other affected person as required by the regulatory authority's

 499-8   rules.

 499-9         (b)  Instead of publishing newspaper notice, a gas utility

499-10   may provide notice to the public in an area outside the affected

499-11   municipality or in a municipality with a population of less than

499-12   2,500 by:

499-13               (1)  mailing the notice by United States mail, postage

499-14   prepaid, to the billing address of each directly affected customer;

499-15   or

499-16               (2)  including the notice, in conspicuous form, in the

499-17   bill of each directly affected customer.  (V.A.C.S. Art. 1446e,

499-18   Sec. 5.08(a) (part).)

499-19         Sec. 104.104.  EARLY EFFECTIVE DATE OF RATE INCREASE.  (a)

499-20   For good cause shown, the regulatory authority may allow a rate

499-21   increase, other than a major change, to take effect:

499-22               (1)  before the end of the 35-day period prescribed by

499-23   Section 104.102; and

499-24               (2)  under conditions the regulatory authority

499-25   prescribes, subject to suspension as provided by this subchapter.

499-26         (b)  The gas utility shall immediately revise its schedules

499-27   to include the increase. (V.A.C.S. Art. 1446e, Sec. 5.08(b)

 500-1   (part).)

 500-2         Sec. 104.105.  DETERMINATION OF PROPRIETY OF RATE CHANGE;

 500-3   HEARING.  (a)  If a schedule modifying or increasing rates is filed

 500-4   with a regulatory authority, the regulatory authority shall, on

 500-5   complaint by an affected person, or may, on its own motion, not

 500-6   later than the 30th day after the effective date of the increase,

 500-7   enter on a hearing to determine the propriety of the increase.

 500-8         (b)  The regulatory authority shall hold a hearing in every

 500-9   case in which the increase constitutes a major change.  The

500-10   regulatory authority may, however, use an informal proceeding if

500-11   the regulatory authority does not receive a complaint before the

500-12   expiration of 45 days after the date notice of the increase is

500-13   filed.

500-14         (c)  The regulatory authority shall give reasonable notice of

500-15   the hearing, including notice to the governing body of each

500-16   affected municipality and county.  The gas utility is not required

500-17   to provide a formal answer or file any other formal pleading in

500-18   response to the notice, and the absence of an answer does not

500-19   affect an order for a hearing.  (V.A.C.S. Art. 1446e, Sec.

500-20   5.08(c).)

500-21         Sec. 104.106.  PREFERENCE TO HEARING.  The regulatory

500-22   authority shall:

500-23               (1)  give preference to the hearing under this

500-24   subchapter and to deciding questions arising under this subchapter

500-25   over any other question pending before it; and

500-26               (2)  decide the questions as quickly as possible.

500-27   (V.A.C.S. Art. 1446e, Sec. 5.08(d) (part).)

 501-1         Sec. 104.107.  RATE SUSPENSION; DEADLINE.  (a)  Pending the

 501-2   hearing and a decision:

 501-3               (1)  the local regulatory authority, after delivering

 501-4   to the gas utility a written statement of the regulatory

 501-5   authority's reasons, may suspend the operation of the schedule for

 501-6   not longer than 90 days after the date the schedule  would

 501-7   otherwise be effective; and

 501-8               (2)  the railroad commission may suspend the operation

 501-9   of the schedule for not longer than 150 days after the date the

501-10   schedule would otherwise be effective.

501-11         (b)  If the regulatory authority does not make a final

501-12   determination concerning a schedule of rates before expiration of

501-13   the applicable suspension period, the regulatory authority is

501-14   considered to have approved the schedule.  This approval is subject

501-15   to the authority of the regulatory authority thereafter to continue

501-16   a hearing in progress. (V.A.C.S. Art. 1446e, Sec.  5.08(d) (part).)

501-17         Sec. 104.108.  TEMPORARY RATES.  (a)  The regulatory

501-18   authority may establish temporary rates to be in effect during the

501-19   applicable suspension period under Section 104.107.

501-20         (b)  If the regulatory authority does not establish temporary

501-21   rates, the rates in effect when the suspended schedule was filed

501-22   continue in effect during the suspension period.  (V.A.C.S.

501-23   Art. 1446e, Sec. 5.08(d) (part).)

501-24         Sec. 104.109.  BONDED RATES.  (a)  A gas utility may put a

501-25   changed rate into effect by filing a bond with the regulatory

501-26   authority if the regulatory authority fails to make a final

501-27   determination within 90 days from the date the proposed increase

 502-1   would otherwise be effective.

 502-2         (b)  The bonded rate may not exceed the proposed rate.

 502-3         (c)  The bond must be:

 502-4               (1)  payable to the regulatory authority in an amount,

 502-5   in a form, and with a surety approved by the regulatory authority;

 502-6   and

 502-7               (2)  conditioned on refund.

 502-8         (d)  The gas utility shall refund or credit against future

 502-9   bills:

502-10               (1)  money collected under the bonded rates in excess

502-11   of the rate finally ordered; and

502-12               (2)  interest on that money, at the current interest

502-13   rate as determined by the regulatory authority.  (V.A.C.S.

502-14   Art. 1446e, Sec. 5.08(e).)

502-15         Sec. 104.110.  ESTABLISHMENT OF FINAL RATES.  (a)  If, after

502-16   hearing, the regulatory authority finds the rates are unreasonable

502-17   or in violation of law, the regulatory authority shall:

502-18               (1)  enter an order establishing the rates the gas

502-19   utility shall charge or apply for the service in question; and

502-20               (2)  serve a copy of the order on the gas utility.

502-21         (b)  The rates established in the order shall be observed

502-22   thereafter until changed as provided by this subtitle.  (V.A.C.S.

502-23   Art. 1446e, Sec. 5.08(f).)

502-24         Sec. 104.111.  APPROVAL OF DECREASE IN RATES.

502-25   Notwithstanding any other provision in this subtitle, the

502-26   regulatory authority may without reference to the cost of service

502-27   standard prescribed by Section 104.051, administratively approve a

 503-1   decrease in rates proposed by the applicant and agreed on by each

 503-2   party directly affected, unless the regulatory authority determines

 503-3   that the proposed decrease is not in the public interest.

 503-4   (V.A.C.S. Art. 1446e, Secs. 5.02(e), 5.03(b).)

 503-5            (Sections 104.112-104.150 reserved for expansion)

 503-6           SUBCHAPTER D.  RATE CHANGES PROPOSED BY COMMISSION

 503-7         Sec. 104.151.  UNREASONABLE OR VIOLATIVE EXISTING RATES.  (a)

 503-8   If the regulatory authority, on its own motion or on complaint by

 503-9   an affected person, after reasonable notice and hearing, finds that

503-10   the existing rates of a gas utility for a service are unreasonable

503-11   or in violation of law, the regulatory authority shall:

503-12               (1)  enter an order establishing the just and

503-13   reasonable rates to be observed thereafter, including maximum or

503-14   minimum rates; and

503-15               (2)  serve a copy of the order on the gas utility.

503-16         (b)  The rates set under Subsection (a) constitute the legal

503-17   rates of the gas utility until changed as provided by this

503-18   subtitle.  (V.A.C.S. Art. 1446e, Sec. 5.07(a).)

503-19         Sec. 104.152.  INVESTIGATING COSTS OF OBTAINING SERVICE FROM

503-20   ANOTHER SOURCE.  If a gas utility does not produce the service that

503-21   it distributes, transmits, or furnishes to the public for

503-22   compensation but obtains the service from another source, the

503-23   regulatory authority may investigate the cost of that production in

503-24   an investigation of the reasonableness of the gas utility's rates.

503-25   (V.A.C.S. Art. 1446e, Sec. 5.07(b).)

503-26            (Sections 104.153-104.200 reserved for expansion)

503-27             SUBCHAPTER E.  RATES FOR GOVERNMENTAL ENTITIES

 504-1         Sec. 104.201.  TRANSPORTATION RATES BETWEEN GAS UTILITY OR

 504-2   MUNICIPALLY OWNED UTILITY AND STATE AGENCY.  (a)  Notwithstanding

 504-3   Section 104.003(b), absent a contract for transportation service

 504-4   between a state agency and a gas utility or municipally owned

 504-5   utility, the railroad commission, not later than the 210th day

 504-6   after the date either party files a request to set a transportation

 504-7   rate, shall establish the transportation rate for the state agency.

 504-8   The commission has exclusive original jurisdiction to establish a

 504-9   transportation rate for a state agency under this section.

504-10         (b)  The railroad commission shall base its determination of

504-11   the transportation rate under Subsection (a) on the cost of

504-12   providing the transportation service for both the distribution

504-13   system and the transmission system, as applicable, of the gas

504-14   utility or municipally owned utility.

504-15         (c)  The railroad commission may order temporary rates under

504-16   Subsection (a) as provided for under the commission's appellate

504-17   jurisdiction.  (V.A.C.S. Art. 1446e, Sec. 5.02(c).)

504-18         Sec. 104.202.  EXCLUDED EXPENSES.  (a)  The rates that a gas

504-19   utility or municipally owned utility charges a state agency may not

504-20   include an amount representing a gross receipts assessment,

504-21   regulatory assessment, or similar expense of the utility.

504-22         (b)  An expense under Subsection (a) that is reasonable and

504-23   is not recovered from a state agency under this section may be

504-24   recovered from other customers of the gas utility or municipally

504-25   owned utility.  (V.A.C.S. Art. 1446e, Sec.  5.061.)

504-26         Sec. 104.203.  PAYMENT IN LIEU OF TAX.  (a)  A payment made

504-27   in lieu of a tax by a municipally owned utility to the municipality

 505-1   by which the utility is owned may not be considered an expense of

 505-2   operation in establishing the utility's rate for providing utility

 505-3   service to a school district or hospital district.

 505-4         (b)  A rate a municipally owned utility receives from a

 505-5   school district or hospital district may not be used to make or to

 505-6   cover the cost of making payments in lieu of taxes to the

 505-7   municipality that owns the utility.  (V.A.C.S. Art. 1446e, Sec.

 505-8   5.13.)

 505-9            (Sections 104.204-104.250 reserved for expansion)

505-10                         SUBCHAPTER F. SERVICES

505-11         Sec. 104.251.  GENERAL STANDARD.  A gas utility shall furnish

505-12   service, instrumentalities, and facilities that are safe, adequate,

505-13   efficient, and reasonable.  (V.A.C.S. Art. 1446e, Sec. 4.09(a).)

505-14         Sec. 104.252.  AUTHORITY OF REGULATORY AUTHORITY CONCERNING

505-15   STANDARDS.  A regulatory authority, on its own motion or on

505-16   complaint and after reasonable notice and hearing, may:

505-17               (1)  adopt just and reasonable standards,

505-18   classifications, regulations, or practices a gas utility must

505-19   follow in furnishing a service;

505-20               (2)  adopt adequate and reasonable standards for

505-21   measuring a condition, including quantity, quality, and pressure

505-22   relating to the furnishing of a service;

505-23               (3)  adopt reasonable regulations for examining,

505-24   testing, and measuring a service; and

505-25               (4)  adopt or approve reasonable rules, regulations,

505-26   specifications, and standards to ensure the accuracy of equipment,

505-27   including meters and instruments, used to measure a service.

 506-1   (V.A.C.S. Art. 1446e, Sec. 4.09(b).)

 506-2         Sec. 104.253.  RULE OR STANDARD.  (a)  A gas utility may file

 506-3   with the regulatory authority a standard, classification,

 506-4   regulation, or practice the utility follows.

 506-5         (b)  The standard, classification, regulation, or practice

 506-6   continues in force until:

 506-7               (1)  amended by the utility; or

 506-8               (2)  changed by the regulatory authority as provided by

 506-9   this subtitle.  (V.A.C.S. Art. 1446e, Sec. 4.09(c).)

506-10         Sec. 104.254.  SERVICE.  A gas utility or municipally owned

506-11   utility may not refuse to provide service to a state agency if

506-12   pipeline capacity is available on an existing facility of the

506-13   utility.  (V.A.C.S. Art. 1446e, Sec. 4.09(d).)

506-14         Sec. 104.255.  BILLING.  (a)  A gas utility or municipally

506-15   owned utility may not bill or otherwise require the state or a

506-16   state agency or institution to pay for service before the service

506-17   is provided.

506-18         (b)  The railroad commission shall adopt rules concerning

506-19   payment of bills by the state or a state agency to a gas utility or

506-20   municipally owned utility.  The rules must be consistent with

506-21   Chapter 2251, Government Code.

506-22         (c)  This subtitle does not prohibit a gas utility or

506-23   municipally owned utility from entering into an agreement with the

506-24   state or a state agency to establish a level or average monthly

506-25   service billing plan.  An agreement under this subsection must

506-26   require reconciliation of the leveled or equalized bills quarterly.

506-27   (V.A.C.S. Art. 1446e, Secs. 10.05, 10.06.)

 507-1         Sec. 104.256.  EXAMINATION AND TEST OF INSTRUMENT OR

 507-2   EQUIPMENT; INSPECTION.  (a)  A regulatory authority may:

 507-3               (1)  examine and test equipment, including meters and

 507-4   instruments, used to measure service of a gas utility; and

 507-5               (2)  set up and use on the premises occupied by a gas

 507-6   utility an apparatus or appliance necessary for the examination or

 507-7   test.

 507-8         (b)  The gas utility is entitled to be represented at an

 507-9   examination, test, or inspection made under this section.

507-10         (c)  The gas utility and its officers and employees shall

507-11   facilitate the examination, test, or inspection by giving

507-12   reasonable aid to the regulatory authority and to any person

507-13   designated by the regulatory authority for the performance of those

507-14   duties.  (V.A.C.S. Art. 1446e, Sec. 4.10(a) (part).)

507-15         Sec. 104.257.  INSPECTION FOR CONSUMER.  (a)  A consumer may

507-16   have a meter or other measuring device tested by a gas utility:

507-17               (1)  once without charge, after a reasonable period of

507-18   presumed accuracy that the regulatory authority establishes by

507-19   rule; and

507-20               (2)  at a shorter interval on payment of a reasonable

507-21   fee established by the regulatory authority.

507-22         (b)  The regulatory authority shall establish reasonable fees

507-23   to be paid for other examining or testing of a measuring device on

507-24   the request of a consumer.

507-25         (c)  If the consumer requests the test under Subsection

507-26   (a)(2) and the measuring device is found unreasonably defective or

507-27   incorrect to the substantial disadvantage of the consumer, the fee

 508-1   the consumer paid at the time of the request shall be refunded.

 508-2   (V.A.C.S. Art. 1446e, Sec. 4.10(b).)

 508-3        CHAPTER 105.  JUDICIAL REVIEW; ENFORCEMENT AND PENALTIES

 508-4                     SUBCHAPTER A.  JUDICIAL REVIEW

 508-5   Sec. 105.001.  RIGHT TO JUDICIAL REVIEW

 508-6   Sec. 105.002.  JUDICIAL STAY OR SUSPENSION

 508-7            (Sections 105.003-105.020 reserved for expansion)

 508-8                SUBCHAPTER B.  ENFORCEMENT AND PENALTIES

 508-9   Sec. 105.021.  ACTION TO ENJOIN OR REQUIRE COMPLIANCE

508-10   Sec. 105.022.  CONTEMPT

508-11   Sec. 105.023.  CIVIL PENALTY AGAINST GAS UTILITY OR AFFILIATE

508-12   Sec. 105.024.  OFFENSE

508-13   Sec. 105.025.  PLACE FOR SUIT

508-14   Sec. 105.026.  PENALTIES CUMULATIVE

508-15   Sec. 105.027.  DISPOSITION OF FINES AND PENALTIES

508-16            (Sections 105.028-105.050 reserved for expansion)

508-17                        SUBCHAPTER C.  COMPLAINTS

508-18   Sec. 105.051.  COMPLAINT BY AFFECTED PERSON

508-19        CHAPTER 105.  JUDICIAL REVIEW;  ENFORCEMENT AND PENALTIES

508-20                     SUBCHAPTER A.  JUDICIAL REVIEW

508-21         Sec. 105.001.  RIGHT TO JUDICIAL REVIEW.  (a)  Any party to a

508-22   proceeding before the railroad commission is entitled to judicial

508-23   review under the substantial evidence rule.

508-24         (b)  The issue of confiscation is determined by a

508-25   preponderance of the evidence.  (V.A.C.S. Art. 1446e, Sec. 8.01.)

508-26         Sec. 105.002.  JUDICIAL STAY OR SUSPENSION.  While an appeal

508-27   of an order, ruling, or decision of a regulatory authority is

 509-1   pending, the district court, court of appeals, or supreme court, as

 509-2   appropriate, may stay or suspend all or part of the operation of

 509-3   the order, ruling, or decision.  In granting or refusing a stay or

 509-4   suspension, the court shall act in accordance with the practice of

 509-5   a court exercising equity jurisdiction.  (V.A.C.S. Art. 1446e, Sec.

 509-6   10.03.)

 509-7            (Sections 105.003-105.020 reserved for expansion)

 509-8                SUBCHAPTER B.  ENFORCEMENT AND PENALTIES

 509-9         Sec. 105.021.  ACTION TO ENJOIN OR REQUIRE COMPLIANCE.  (a)

509-10   The attorney general, on the request of the railroad commission,

509-11   shall apply in the name of the commission for an order under

509-12   Subsection (b) if the commission determines that a gas utility or

509-13   other person is:

509-14               (1)  engaging in or about to engage in an act that

509-15   violates this subtitle or an order or rule of the commission

509-16   entered or adopted under this subtitle; or

509-17               (2)  failing to comply with the requirements of this

509-18   subtitle or a rule or order of the commission.

509-19         (b)  A court, in an action under this section, may:

509-20               (1)  prohibit the commencement or continuation of an

509-21   act that violates this subtitle or an order or rule of the

509-22   commission entered or adopted under this subtitle; or

509-23               (2)  require compliance with a provision of this

509-24   subtitle or an order or rule of the commission.

509-25         (c)  The remedy under this section is in addition to any

509-26   other remedy provided under this subtitle.  (V.A.C.S. Art. 1446e,

509-27   Sec. 9.01.)

 510-1         Sec. 105.022.  CONTEMPT.  The railroad commission may file an

 510-2   action for contempt against a person who:

 510-3               (1)  fails to comply with a lawful order of the

 510-4   commission;

 510-5               (2)  fails to comply with a subpoena or subpoena duces

 510-6   tecum; or

 510-7               (3)  refuses to testify about a matter on which the

 510-8   person may be lawfully interrogated.  (V.A.C.S. Art. 1446e, Sec.

 510-9   9.04.)

510-10         Sec. 105.023.  CIVIL PENALTY AGAINST GAS UTILITY OR

510-11   AFFILIATE.  (a)  A gas utility or affiliate is subject to a civil

510-12   penalty if the gas utility or affiliate knowingly violates this

510-13   subtitle, fails to perform a duty imposed on it, or fails,

510-14   neglects, or refuses to obey an order, rule, direction, or

510-15   requirement of the railroad commission or a decree or judgment of a

510-16   court.

510-17         (b)  A civil penalty under this section shall be in an amount

510-18   of not less than $1,000 and not more than $5,000 for each

510-19   violation.

510-20         (c)  A gas utility or affiliate commits a separate violation

510-21   each day it continues to violate Subsection (a).

510-22         (d)  The attorney general shall file in the name of the

510-23   railroad commission a suit on the attorney general's own initiative

510-24   or at the request of the commission to recover the civil penalty

510-25   under this section.  (V.A.C.S. Art. 1446e, Sec. 9.02.)

510-26         Sec. 105.024.  OFFENSE.  (a)  A person commits an offense if

510-27   the person knowingly violates this subtitle.

 511-1         (b)  An offense under this section is a felony of the third

 511-2   degree.  (V.A.C.S. Art. 1446e, Sec. 9.03(a).)

 511-3         Sec. 105.025.  PLACE FOR SUIT.  A suit for an injunction or a

 511-4   penalty under this subtitle may be brought in:

 511-5               (1)  Travis County;

 511-6               (2)  a county in which the violation is alleged to have

 511-7   occurred; or

 511-8               (3)  a county in which a defendant resides.  (V.A.C.S.

 511-9   Art. 1446e, Sec.  9.06.)

511-10         Sec. 105.026.  PENALTIES CUMULATIVE.  (a)  A penalty that

511-11   accrues under this subtitle is cumulative of any other penalty.

511-12         (b)  A suit for the recovery of a penalty does not bar or

511-13   affect the recovery of any other penalty or bar a criminal

511-14   prosecution against any person, including a gas utility or officer,

511-15   director, agent, or employee of a gas utility.  (V.A.C.S.

511-16   Art. 1446e, Sec. 9.03(b).)

511-17         Sec. 105.027.  DISPOSITION OF FINES AND PENALTIES.  A fine or

511-18   penalty collected under this subtitle, other than a fine or penalty

511-19   collected in a criminal proceeding, shall be paid to the railroad

511-20   commission.  (V.A.C.S. Art. 1446e, Sec. 9.05.)

511-21            (Sections 105.028-105.050 reserved for expansion)

511-22                        SUBCHAPTER C.  COMPLAINTS

511-23         Sec. 105.051.  COMPLAINT BY AFFECTED PERSON.  An affected

511-24   person may complain to the regulatory authority in writing setting

511-25   forth an act or omission by a gas utility in violation or claimed

511-26   violation of a law that the regulatory authority has jurisdiction

511-27   to administer or of an order, ordinance, or rule of the regulatory

 512-1   authority.  (V.A.C.S. Art. 1446e, Sec. 10.01.)

 512-2                (Chapters 106-120 reserved for expansion)

 512-3            SUBTITLE B.  REGULATION OF TRANSPORTATION AND USE

 512-4                       CHAPTER 121.  GAS PIPELINES

 512-5                   SUBCHAPTER A.  GAS UTILITY DEFINED

 512-6   Sec. 121.001.  DEFINITION OF GAS UTILITY 

 512-7   Sec. 121.002.  AFFILIATE OF GAS UTILITY EXCLUDED 

 512-8   Sec. 121.003.  AGRICULTURAL SERVICE EXCLUDED 

 512-9   Sec. 121.004.  TRANSPORTATION OF GAS SOLELY FOR INTERSTATE

512-10                    COMMERCE EXCLUDED 

512-11   Sec. 121.005.  TRANSPORTATION OF GAS IN VICINITY OF PLACE

512-12                    OF PRODUCTION EXCLUDED 

512-13   Sec. 121.006.  VEHICLE FUEL EXCLUDED 

512-14            (Sections 121.007-121.050 reserved for expansion)

512-15                      SUBCHAPTER B.  PUBLIC POLICY

512-16   Sec. 121.051.  GAS UTILITY:  PUBLIC INTEREST AND JURISDICTION

512-17                    OF RAILROAD COMMISSION 

512-18   Sec. 121.052.  PIPELINES:  MONOPOLIES SUBJECT TO RAILROAD

512-19                    COMMISSION 

512-20            (Sections 121.053-121.100 reserved for expansion)

512-21          SUBCHAPTER C.  DUTIES OF GAS UTILITIES AND PIPELINES

512-22   Sec. 121.101.  MAINTENANCE OF OFFICE AND RECORDS IN THIS

512-23                    STATE 

512-24   Sec. 121.102.  OPERATOR'S REPORT 

512-25   Sec. 121.103.  DUTY TO SERVE CERTAIN USERS EXTINGUISHED 

512-26   Sec. 121.104.  DISCRIMINATION IN SERVICE AND CHARGES

512-27                    PROHIBITED 

 513-1            (Sections 121.105-121.150 reserved for expansion)

 513-2            SUBCHAPTER D.  REGULATION BY RAILROAD COMMISSION

 513-3   Sec. 121.151.  RAILROAD COMMISSION REGULATION OF GAS

 513-4                    PIPELINES 

 513-5   Sec. 121.152.  INITIATION OF REGULATORY PROCEEDING 

 513-6   Sec. 121.153.  RAILROAD COMMISSION REVIEW OF GAS

 513-7                    PIPELINE ORDERS AND AGREEMENTS 

 513-8   Sec. 121.154.  REFUND OF EXCESS CHARGES 

 513-9   Sec. 121.155.  RATE REDUCTION OR DETERMINATION BY MUNICIPALITY

513-10                    AND APPEAL 

513-11   Sec. 121.156.  RAILROAD COMMISSION REPORT 

513-12   Sec. 121.157.  RAILROAD COMMISSION EMPLOYEES 

513-13   Sec. 121.158.  PAYMENT FROM THE GENERAL REVENUE FUND 

513-14            (Sections 121.159-121.200 reserved for expansion)

513-15                     SUBCHAPTER E.  PIPELINE SAFETY

513-16   Sec. 121.201.  SAFETY RULES:  RAILROAD COMMISSION POWER 

513-17   Sec. 121.202.  MUNICIPAL AND COUNTY AUTHORITY 

513-18   Sec. 121.203.  ENFORCEMENT:  INJUNCTION 

513-19   Sec. 121.204.  CIVIL PENALTY 

513-20   Sec. 121.205.  SETTLEMENT BY ATTORNEY GENERAL 

513-21   Sec. 121.206.  ADMINISTRATIVE PENALTY FOR VIOLATION OF

513-22                    PIPELINE SAFETY STANDARD OR RULE 

513-23   Sec. 121.207.  PIPELINE SAFETY ADMINISTRATIVE PENALTY:

513-24                    ASSESSMENT PROCEDURE 

513-25   Sec. 121.208.  PIPELINE SAFETY ADMINISTRATIVE PENALTY:

513-26                    PAYMENT OF PENALTY 

513-27   Sec. 121.209.  PIPELINE SAFETY ADMINISTRATIVE PENALTY:

 514-1                    REFUND OF PAYMENT OR RELEASE OF BOND 

 514-2   Sec. 121.210.  RECOVERY BY ATTORNEY GENERAL 

 514-3            (Sections 121.211-121.250 reserved for expansion)

 514-4                        SUBCHAPTER F.  GAS SAFETY

 514-5   Sec. 121.251.  RAILROAD COMMISSION TO INVESTIGATE USE OF

 514-6                    GAS MALODORANTS 

 514-7   Sec. 121.252.  REGULATION OF USE OF MALODORANTS 

 514-8   Sec. 121.253.  INTERSTATE TRANSPORTATION OF GAS EXCLUDED 

 514-9            (Sections 121.254-121.300 reserved for expansion)

514-10                   SUBCHAPTER G.  ENFORCEMENT REMEDIES

514-11   Sec. 121.301.  RECEIVERSHIP 

514-12   Sec. 121.302.  CIVIL PENALTY 

514-13   Sec. 121.303.  PENALTY RECOVERABLE BY VICTIM OF

514-14                    DISCRIMINATION 

514-15   Sec. 121.304.  POLLUTION OR PUBLIC SAFETY ADMINISTRATIVE

514-16                    PENALTY 

514-17   Sec. 121.305.  POLLUTION OR PUBLIC SAFETY ADMINISTRATIVE

514-18                    PENALTY:  ASSESSMENT PROCEDURE 

514-19   Sec. 121.306.  POLLUTION OR PUBLIC SAFETY ADMINISTRATIVE

514-20                    PENALTY:  PAYMENT OF PENALTY 

514-21   Sec. 121.307.  POLLUTION OR PUBLIC SAFETY ADMINISTRATIVE

514-22                    PENALTY:  APPEALS 

514-23   Sec. 121.308.  POLLUTION OR PUBLIC SAFETY ADMINISTRATIVE

514-24                    PENALTY:  REFUND OF PAYMENT OR RELEASE OF

514-25                    BOND 

514-26   Sec. 121.309.  POLLUTION OR PUBLIC SAFETY ADMINISTRATIVE

514-27                    PENALTY:  RECOVERY 

 515-1   Sec. 121.310.  CRIMINAL PENALTY 

 515-2            (Sections 121.311-121.400 reserved for expansion)

 515-3                         SUBCHAPTER H.  APPEALS

 515-4   Sec. 121.401.  APPEAL TO COURT 

 515-5   Sec. 121.402.  APPEAL:  BURDEN AND STANDARD OF PROOF 

 515-6   Sec. 121.403.  APPEAL FROM TRIAL COURT 

 515-7                       CHAPTER 121.  GAS PIPELINES

 515-8                   SUBCHAPTER A.  GAS UTILITY DEFINED

 515-9         Sec. 121.001.  DEFINITION OF GAS UTILITY.  (a)  In this

515-10   chapter, "gas utility" means a person who owns, manages, operates,

515-11   leases, or controls in this state property or equipment or a

515-12   pipeline, plant, facility, franchise, license, or permit for a

515-13   business that:

515-14               (1)  transports, conveys, distributes, or delivers

515-15   natural gas:

515-16                     (A)  for public use or service for compensation;

515-17                     (B)  for sale to municipalities or persons

515-18   engaged in distributing or selling natural gas to the public, in a

515-19   situation described by Subdivision (3);

515-20                     (C)  for sale or delivery to a person operating

515-21   under a franchise or contract with a political subdivision of this

515-22   state; or

515-23                     (D)  for sale or delivery to the public for

515-24   domestic or other use;

515-25               (2)  owns, operates, or manages a pipeline:

515-26                     (A)  that is for transporting or carrying natural

515-27   gas, whether for public hire or not; and

 516-1                     (B)  for which the right-of-way has been or is

 516-2   hereafter acquired by exercising the right of eminent domain; or

 516-3               (3)  produces or purchases natural gas and transports

 516-4   or causes the transportation of natural gas by a pipeline to or

 516-5   near the limits of a municipality in which the gas is received and

 516-6   distributed or sold to the public by another gas utility or by the

 516-7   municipality in a situation in which the business is the only or

 516-8   practically the only agency of supply of natural gas to the gas

 516-9   utility or municipality.

516-10         (b)  In this subchapter, "person" means an individual,

516-11   company, or private corporation and includes a lessee, trustee, or

516-12   receiver of an individual, company, or private corporation.

516-13   (V.A.C.S. Art. 6050, Secs.  1 (part), (a), (b), (c) (part).)

516-14         Sec. 121.002.  AFFILIATE OF GAS UTILITY EXCLUDED.  A person

516-15   is not a gas utility solely because the person is an affiliate of a

516-16   gas utility. (V.A.C.S. Art. 6050, Sec. 1(d).)

516-17         Sec. 121.003.  AGRICULTURAL SERVICE EXCLUDED.  (a)  A person

516-18   who sells, transports, or delivers natural gas for a direct use in

516-19   an agricultural activity or sells, transports, delivers, or

516-20   otherwise makes available natural gas for fuel, either directly or

516-21   indirectly, to an owner of an irrigation well is not because of one

516-22   or more of these acts a gas utility, so as to make the person

516-23   subject to the jurisdiction, control, and regulation of the

516-24   railroad commission as a gas utility.

516-25         (b)  In order for a person furnishing natural gas to qualify

516-26   for the exemption under Subsection (a), the person to whom the gas

516-27   was furnished under Subsection (a) shall use the gas exclusively to

 517-1   pump water for farm and other agricultural purposes.  (V.A.C.S.

 517-2   Art. 6050, Secs. 2, 3 (part).)

 517-3         Sec. 121.004.  TRANSPORTATION OF GAS SOLELY FOR INTERSTATE

 517-4   COMMERCE EXCLUDED.  Except as provided by Section 121.001(a)(2), a

 517-5   person is not a gas utility if the person certifies to the railroad

 517-6   commission that the person transports natural or synthetic gas, for

 517-7   sale, for hire, or otherwise, solely in, or in the vicinity of, the

 517-8   field or fields where the gas is produced, to another person for

 517-9   transportation or sale in interstate commerce.  (V.A.C.S.

517-10   Art. 6050, Sec. 4(a) (part).)

517-11         Sec. 121.005.  TRANSPORTATION OF GAS IN VICINITY OF PLACE OF

517-12   PRODUCTION EXCLUDED.  (a)  Except as provided by Section

517-13   121.001(a)(2), a person is not a gas utility if the person

517-14   certifies to the railroad commission that the person transports

517-15   natural or synthetic gas, for sale, for hire, or otherwise, solely:

517-16               (1)  in, or in the vicinity of, the field or fields

517-17   where the gas is produced to a gas processing plant or treating

517-18   facility;

517-19               (2)  from the outlet of a gas processing plant or

517-20   treating facility described by Subdivision (1) to a person:

517-21                     (A)  at, or in the vicinity of, the plant or

517-22   treating facility; or

517-23                     (B)  described by Subdivision (3) or Section

517-24   121.004; or

517-25               (3)  to another person in, or in the vicinity of, the

517-26   field or fields where the gas is produced for transportation or

517-27   sale in intrastate commerce.

 518-1         (b)  A person is not a gas utility because the person

 518-2   delivers or sells gas:

 518-3               (1)  for lease use, compressor fuel, processing plant

 518-4   fuel, or a similar use;

 518-5               (2)  under a lease or right-of-way agreement;

 518-6               (3)  in, or in the vicinity of, the field where the gas

 518-7   is produced; or

 518-8               (4)  at a processing plant outlet.

 518-9         (c)  Subsection (b) does not exclude as a gas utility a

518-10   pipeline that:

518-11               (1)  transmits or distributes to end users of gas,

518-12   other than:

518-13                     (A)  those described by Subsection (b); or

518-14                     (B)  a person who qualifies for the exemption

518-15   provided by Section 121.003; or

518-16               (2)  makes city-gate deliveries for local distribution.

518-17   (V.A.C.S. Art. 6050, Secs. 4(a) (part), (b).)

518-18         Sec. 121.006.  VEHICLE FUEL EXCLUDED.  A person is not a gas

518-19   utility to the extent that the person:

518-20               (1)  sells natural gas for use as vehicle fuel;

518-21               (2)  sells natural gas to a person who later sells the

518-22   natural gas for use as vehicle fuel; or

518-23               (3)  owns or operates equipment or facilities to sell

518-24   or transport the natural gas for ultimate use as vehicle fuel.

518-25   (V.A.C.S. Art. 6050, Sec. 5.)

518-26            (Sections 121.007-121.050 reserved for expansion)

518-27                      SUBCHAPTER B.  PUBLIC POLICY

 519-1         Sec. 121.051.  GAS UTILITY:  PUBLIC INTEREST AND JURISDICTION

 519-2   OF RAILROAD COMMISSION.  (a)  A gas utility, including a business

 519-3   described by Section 121.001(a)(3), is affected with a public

 519-4   interest.

 519-5         (b)  A business described by Section 121.001(a)(3) is a

 519-6   virtual monopoly.

 519-7         (c)  A business described by Section 121.001(a)(3) and the

 519-8   property of the business used in this state is subject to the

 519-9   jurisdiction, control, and regulation of the railroad commission as

519-10   provided by this chapter.  (V.A.C.S. Art. 6050, Secs. 1(c) (part),

519-11   (e).)

519-12         Sec. 121.052.  PIPELINES:  MONOPOLIES SUBJECT TO RAILROAD

519-13   COMMISSION.  (a)  The operation of a pipeline for buying, selling,

519-14   transporting, producing, or otherwise dealing in natural gas is a

519-15   business which in its nature and according to the established

519-16   method of conducting the business is a monopoly.

519-17         (b)  A business described by this section may not be

519-18   conducted unless the gas pipeline used in connection with the

519-19   business is subject to the jurisdiction conferred by this chapter

519-20   on the railroad commission.

519-21         (c)  The attorney general shall enforce this section by

519-22   injunction or other remedy.  (V.A.C.S.  Art. 6051.)

519-23            (Sections 121.053-121.100 reserved for expansion)

519-24          SUBCHAPTER C.  DUTIES OF GAS UTILITIES AND PIPELINES

519-25         Sec. 121.101.  MAINTENANCE OF OFFICE AND RECORDS IN THIS

519-26   STATE.  (a)  A gas utility shall maintain an office in this state

519-27   in a county in which some part of the gas utility's property is

 520-1   located.  The gas utility shall keep in this office all books,

 520-2   accounts, papers, records, vouchers, and receipts that the railroad

 520-3   commission requires.

 520-4         (b)  A book, account, paper, record, receipt, voucher, or

 520-5   other item of information required by the railroad commission to be

 520-6   kept in this state may not be removed from this state except as

 520-7   prescribed by the railroad commission. (V.A.C.S. Art. 6052.)

 520-8         Sec. 121.102.  OPERATOR'S REPORT.  The railroad commission

 520-9   may require a person or corporation that owns, controls, or

520-10   operates a pipeline subject to this chapter to make to the

520-11   commission a sworn report of any matter relating to the business of

520-12   the person or corporation that the commission determines to be

520-13   pertinent, including:

520-14               (1)  the total quantity of gas distributed by the

520-15   pipelines;

520-16               (2)  the total quantity of gas held in storage;

520-17               (3)  the source of supply of gas;

520-18               (4)  the number of wells from which the person or

520-19   corporation draws its supply;

520-20               (5)  the amount of pipeline pressure maintained; and

520-21               (6)  the amount and character and description of the

520-22   equipment used. (V.A.C.S. Art. 6056.)

520-23         Sec. 121.103.  DUTY TO SERVE CERTAIN USERS EXTINGUISHED.  (a)

520-24   A gas utility that provides gas to a customer does not have an

520-25   obligation to serve the customer or to maintain the gas supply or

520-26   physical capacity to serve the customer if the customer:

520-27               (1)  is a transportation, industrial, or other similar

 521-1   large-volume contract customer;

 521-2               (2)  is an end-use customer of the gas utility;

 521-3               (3)  reduces or ceases the purchase of natural gas or

 521-4   natural gas service from the gas utility; and

 521-5               (4)  purchases natural gas or natural gas service from

 521-6   another supplier or purchases an alternate form of energy.

 521-7         (b)  Subsection (a) does not apply to the extent that:

 521-8               (1)  the customer continues to purchase natural gas or

 521-9   natural gas service of any class from the gas utility; or

521-10               (2)  the gas utility has a written contract to provide

521-11   natural gas or natural gas service of any class to the customer.

521-12         (c)  This section does not prevent the railroad commission

521-13   from requiring a gas utility to comply with an order of the

521-14   railroad commission in apportioning gas under a curtailment plan

521-15   and order.  (V.A.C.S. Art. 6053, Sec. 1(c).)

521-16         Sec. 121.104.  DISCRIMINATION IN SERVICE AND CHARGES

521-17   PROHIBITED.  (a)  A  pipeline gas utility may not:

521-18               (1)  discriminate in favor of or against any person or

521-19   place in:

521-20                     (A)  apportioning the supply of natural gas; or

521-21                     (B)  charging for natural gas; or

521-22               (2)  directly or indirectly charge, demand, collect, or

521-23   receive from anyone a greater or lesser compensation for a service

521-24   provided than the compensation charged, demanded, or received from

521-25   another for a similar and contemporaneous service.

521-26         (b)  This section does not limit the right of the railroad

521-27   commission to prescribe:

 522-1               (1)  different rates and rules for the use of natural

 522-2   gas for manufacturing and similar purposes; or

 522-3               (2)  rates and rules for service from or to other or

 522-4   different places. (V.A.C.S. Arts. 6057, 6057a.)

 522-5            (Sections 121.105-121.150 reserved for expansion)

 522-6            SUBCHAPTER D.  REGULATION BY RAILROAD COMMISSION

 522-7         Sec. 121.151.  RAILROAD COMMISSION REGULATION OF GAS

 522-8   PIPELINES.  The railroad commission shall:

 522-9               (1)  establish and enforce the adequate and reasonable

522-10   price of gas and fair and reasonable rates of charges and rules for

522-11   transporting, producing, distributing, buying, selling, and

522-12   delivering gas by pipelines subject to this chapter in this state;

522-13               (2)  establish fair and equitable rules for the full

522-14   control and supervision of the pipelines subject to this chapter

522-15   and all their holdings pertaining to the gas business in all their

522-16   relations to the public, as the railroad commission determines to

522-17   be proper;

522-18               (3)  establish a fair and equitable division of the

522-19   proceeds of the sale of gas between the companies transporting or

522-20   producing the gas and the companies distributing or selling it;

522-21               (4)  prescribe and enforce rules for the government and

522-22   control of pipelines subject to this chapter in respect to their

522-23   pipelines and producing, receiving, transporting, and distributing

522-24   facilities;

522-25               (5)  regulate and apportion the supply of gas between

522-26   municipalities and between municipalities and corporations; and

522-27               (6)  prescribe fair and reasonable rules requiring

 523-1   pipelines subject to this chapter to augment their supply of gas,

 523-2   when:

 523-3                     (A)  the supply of gas controlled by any gas

 523-4   pipeline is inadequate; and

 523-5                     (B)  the railroad commission determines that

 523-6   augmentation is practicable. (V.A.C.S. Art. 6053, Sec. 1(a)

 523-7   (part).)

 523-8         Sec. 121.152.  INITIATION OF REGULATORY PROCEEDING.  The

 523-9   railroad commission shall exercise power under Section 121.151:

523-10               (1)  on:

523-11                     (A)  its own motion;

523-12                     (B)  the petition of a person or county

523-13   commissioner's precinct showing a substantial interest in the

523-14   subject;

523-15                     (C)  the petition of the attorney general; or

523-16                     (D)  the petition of a district or county

523-17   attorney of a county in which any portion of a business subject to

523-18   this chapter is conducted; and

523-19               (2)  after notice has been given. (V.A.C.S. Art. 6053,

523-20   Sec. 1(a) (part).)

523-21         Sec. 121.153.  RAILROAD COMMISSION REVIEW OF GAS PIPELINE

523-22   ORDERS AND AGREEMENTS.  The railroad commission, after notice to a

523-23   person or corporation owning, controlling, or operating a pipeline

523-24   subject to this chapter and after a hearing, may review, revise,

523-25   and regulate an order or agreement that is made by the person or

523-26   corporation and establishes a price, rate, rule, regulation, or

523-27   condition of service. (V.A.C.S. Art. 6054.)

 524-1         Sec. 121.154.  REFUND OF EXCESS CHARGES.  (a)  On a complaint

 524-2   against a person or corporation owning or operating a pipeline

 524-3   business subject to this chapter filed by any person authorized by

 524-4   Section 121.152 to file a petition and complaint and sustained in

 524-5   whole or in part by the railroad commission, each customer of the

 524-6   pipeline is entitled to reparation for or reimbursement of a rate

 524-7   or charge made or adopted by the pipeline for a purpose relating to

 524-8   the operation of that business, including a rate or charge for gas,

 524-9   service, or meter rental, or in the event of an inadequate supply

524-10   of gas or inadequate service in any respect.

524-11         (b)  The amount recoverable under Subsection (a) is the

524-12   amount paid after the filing of the complaint in excess of the

524-13   proper rate or charge of the pipeline as finally determined by the

524-14   railroad commission.  (V.A.C.S. Art. 6055.)

524-15         Sec. 121.155.  RATE REDUCTION OR DETERMINATION BY

524-16   MUNICIPALITY AND APPEAL.  A gas utility the rates of which have

524-17   been reduced by a municipality may appeal the municipal order,

524-18   decision, regulation, or ordinance to the railroad commission.  The

524-19   appeal is initiated by filing with the railroad commission in the

524-20   manner and on the conditions that the railroad commission may

524-21   direct a petition for review and a bond.  The appeal is de novo.

524-22   The railroad commission shall set a hearing and may make any order

524-23   or decision in relation to the matter appealed that the commission

524-24   considers just and reasonable.  To change a rate, rental, or

524-25   charge, a gas utility that is a local distributing company or

524-26   concern and the rates of which have been established by a

524-27   municipality must submit an application to the municipality in

 525-1   which the utility is located.  The municipality shall make a

 525-2   determination on an application not later than the 60th day after

 525-3   the date the application is filed.  If the municipality rejects the

 525-4   application or fails or refuses to act on the application on or

 525-5   before the deadline prescribed by this section, the gas utility may

 525-6   appeal to the railroad commission as provided by this section.  The

 525-7   railroad commission shall make a determination on the appeal not

 525-8   later than the 60th day after the date the appeal is filed unless

 525-9   the gas utility agrees in writing to a longer period.  The rates

525-10   established by the municipality remain in effect until changed by

525-11   the railroad commission.  (V.A.C.S. Art. 6058.)

525-12         Sec. 121.156.  RAILROAD COMMISSION REPORT.  (a)  On December

525-13   1 of each year, the railroad commission shall report to the

525-14   governor, fully and in detail, on:

525-15               (1)  the proceedings of the railroad commission with

525-16   respect to gas utilities;

525-17               (2)  the receipts and sources of gross income taxes;

525-18   and

525-19               (3)  the amount and nature of expenditures made under

525-20   and in accordance with this chapter, including the names, titles,

525-21   nature of employment, and salaries of and payments made to each

525-22   person employed under the terms of this chapter with a statement of

525-23   the travel and other expenses incurred by each of those persons and

525-24   approved by the railroad commission.

525-25         (b)  The governor shall send the report to the legislature at

525-26   the first legislative session after the governor receives the

525-27   report.  (V.A.C.S. Art. 6061.)

 526-1         Sec. 121.157.  RAILROAD COMMISSION EMPLOYEES.  (a)  The

 526-2   railroad commission may employ or appoint persons as necessary to:

 526-3               (1)  inspect and audit records or receipts,

 526-4   disbursements, vouchers, prices, payrolls, time cards, and books;

 526-5               (2)  inspect the property and records of a gas utility

 526-6   subject to this chapter; and

 526-7               (3)  perform other services as directed by, or under

 526-8   the authority of, the railroad commission.

 526-9         (b)  The railroad commission shall set the amount of

526-10   compensation for persons employed by the railroad commission.

526-11         (c)  The chief supervisor of the oil and gas division of the

526-12   railroad commission shall assist the railroad commission in the

526-13   performance of the railroad commission's duties under this chapter,

526-14   as directed by, and under the rules of, the railroad commission.

526-15   (V.A.C.S. Arts. 6064, 6065.)

526-16         Sec. 121.158.  PAYMENT FROM THE GENERAL REVENUE FUND.  All

526-17   expenses, including witness fees and mileage, employee wages and

526-18   fees, and the salary and expenses of the chief supervisor of the

526-19   oil and gas division of the railroad commission incurred by or

526-20   under authority of the  railroad commission or a railroad

526-21   commissioner in administering and enforcing, or exercising a power

526-22   under, this chapter shall be paid from the general revenue fund.

526-23   (V.A.C.S. Art. 6066 (part).)

526-24            (Sections 121.159-121.200 reserved for expansion)

526-25                     SUBCHAPTER E.  PIPELINE SAFETY

526-26         Sec. 121.201.  SAFETY RULES:  RAILROAD COMMISSION POWER.  (a)

526-27   The railroad commission by rule may:

 527-1               (1)  adopt safety standards for the transportation of

 527-2   gas and for gas pipeline facilities;

 527-3               (2)  require record maintenance and reports;

 527-4               (3)  inspect records and facilities to determine

 527-5   compliance with adopted safety standards; and

 527-6               (4)  make certifications and reports and take any other

 527-7   requisite action in accordance with Chapter 601, Title 49, United

 527-8   States Code (49 U.S.C. Section 60101 et seq.), or a succeeding law.

 527-9         (b)  The power granted by Subsection (a) does not apply to

527-10   the transportation of gas or to gas facilities subject to the

527-11   exclusive control of the United States but applies to the

527-12   transportation of gas and gas pipeline facilities in this state to

527-13   the maximum degree permissible under Chapter 601, Title 49, United

527-14   States Code (49 U.S.C. Section 60101 et seq.), or a succeeding law.

527-15         (c)  A term that is used in this section and defined by

527-16   Chapter 601, Title 49, United States Code (49 U.S.C. Section 60101

527-17   et seq.), or a succeeding law has the meaning assigned by that

527-18   chapter or the succeeding law.  (V.A.C.S. Art. 6053-1, Subsecs.

527-19   (A), (B).)

527-20         Sec. 121.202.  MUNICIPAL AND COUNTY AUTHORITY.  (a)  A

527-21   municipality or a county may not adopt or enforce an ordinance that

527-22   establishes a safety standard or practice applicable to a facility

527-23   that is regulated under this subchapter, another state law, or a

527-24   federal law.

527-25         (b)  Except as provided by Subsection (a), this subchapter

527-26   does not reduce, limit, or impair:

527-27               (1)  a power vested by law in:

 528-1                     (A)  a county in relation to a county road; or

 528-2                     (B)  a municipality; or

 528-3               (2)  the ability of a municipality to:

 528-4                     (A)  adopt an ordinance that establishes

 528-5   conditions for mapping, inventorying, installing, or relocating

 528-6   pipelines over, under, along, or across a public street or alley or

 528-7   private residential area in the boundaries of the municipality; or

 528-8                     (B)  establish conditions for mapping or taking

 528-9   an inventory in an area in a municipality's extraterritorial

528-10   jurisdiction.  (V.A.C.S. Art. 6053-1, Subsec. (D).)

528-11         Sec. 121.203.  ENFORCEMENT:  INJUNCTION.  The attorney

528-12   general, on behalf of the railroad commission, is entitled to

528-13   injunctive relief to restrain a violation of a safety standard

528-14   adopted under this subchapter, including an injunction that

528-15   restrains the transportation of gas or the operation of a pipeline

528-16   facility.  (V.A.C.S. Art. 6053-1, Subsec. (C) (part).)

528-17         Sec. 121.204.  CIVIL PENALTY.  Each day of each violation of

528-18   a safety standard adopted under this subchapter is subject to a

528-19   civil penalty of not more than $25,000, except that the maximum

528-20   penalty that may be assessed for any related series of violations

528-21   may not exceed $500,000.  The penalty is payable to the state.

528-22   (V.A.C.S.  Art. 6053-1, Subsec. (C) (part).)

528-23         Sec. 121.205.  SETTLEMENT BY ATTORNEY GENERAL.  A civil

528-24   penalty under Section 121.204 may be compromised by the attorney

528-25   general who in determining a compromise shall consider:

528-26               (1)  the appropriateness of the penalty in relation to

528-27   the size of the business of the person charged;

 529-1               (2)  the gravity of the violation; and

 529-2               (3)  the good faith of the person charged in attempting

 529-3   to achieve compliance after notification of the violation.

 529-4   (V.A.C.S.  Art. 6053-1, Subsec. (C) (part).)

 529-5         Sec. 121.206.  ADMINISTRATIVE PENALTY FOR VIOLATION OF

 529-6   PIPELINE SAFETY STANDARD OR RULE.  (a)  The railroad commission may

 529-7   assess an administrative penalty against a person who violates

 529-8   Section 121.201 or a safety standard or rule relating to the

 529-9   transportation of gas and gas pipeline facilities adopted under

529-10   that section.

529-11         (b)  The penalty for each violation may not exceed $10,000.

529-12   Each day a violation continues may be considered a separate

529-13   violation for the purpose of penalty assessment.

529-14         (c)  In determining the amount of the penalty, the railroad

529-15   commission shall consider:

529-16               (1)  the person's history of previous violations of

529-17   Section 121.201 or a safety standard or rule relating to the

529-18   transportation of gas and gas pipeline facilities adopted under

529-19   that section;

529-20               (2)  the seriousness of the violation; and

529-21               (3)  any hazard to the health or safety of the public.

529-22   (V.A.C.S.  Art. 6053-2, Secs. (a), (b), (c).)

529-23         Sec. 121.207.  PIPELINE SAFETY ADMINISTRATIVE PENALTY:

529-24   ASSESSMENT PROCEDURE.  (a)  An administrative penalty may be

529-25   assessed only after a person charged under Section 121.206 has been

529-26   given an opportunity for a public hearing.

529-27         (b)  If a public hearing is held, the railroad commission

 530-1   shall make findings of fact and shall issue a written decision as

 530-2   to the occurrence of the violation and the penalty amount warranted

 530-3   by the violation, incorporating, if appropriate, an order requiring

 530-4   that the penalty be paid.

 530-5         (c)  If appropriate, the railroad commission shall

 530-6   consolidate the hearings with other proceedings under Section

 530-7   121.206.

 530-8         (d)  If a person charged under Section 121.206 fails to take

 530-9   advantage of the opportunity for a public hearing, an

530-10   administrative penalty may be assessed by the railroad commission

530-11   after it has determined:

530-12               (1)  that a violation occurred; and

530-13               (2)  the penalty amount warranted by the violation.

530-14         (e)  After assessing an administrative penalty, the railroad

530-15   commission shall issue an order requiring the penalty to be paid.

530-16         (f)  Not later than the 30th day after the date an order is

530-17   issued finding that a violation described under Section 121.206

530-18   occurred, the railroad commission shall inform the person found in

530-19   violation of the amount of the penalty. (V.A.C.S. Art. 6053-2,

530-20   Secs. (d), (e), (f), (g), (h), (i).)

530-21         Sec. 121.208.  PIPELINE SAFETY ADMINISTRATIVE PENALTY:

530-22   PAYMENT OF PENALTY.  Not later than the 30th day after the date the

530-23   railroad commission's decision or order imposing an administrative

530-24   penalty becomes final as provided by Section 2001.144, Government

530-25   Code, the person charged with the violation shall:

530-26               (1)  pay the penalty in full; or

530-27               (2)  if the person seeks judicial review of either the

 531-1   amount of the penalty or the fact of the violation, or both:

 531-2                     (A)  pay the penalty to the railroad commission

 531-3   for placement in an escrow account; or

 531-4                     (B)  give to the railroad commission a

 531-5   supersedeas bond in a form approved by the railroad commission for

 531-6   the amount of the penalty that is effective until all judicial

 531-7   review of the order or decision is final.  (V.A.C.S. Art. 6053-2,

 531-8   Sec. (j).)

 531-9         Sec. 121.209.  PIPELINE SAFETY ADMINISTRATIVE PENALTY:

531-10   REFUND OF PAYMENT OR RELEASE OF BOND.  If through judicial review

531-11   of a decision or order regarding an administrative penalty it is

531-12   determined that a violation did not occur or that the amount of the

531-13   penalty should be reduced or not assessed, the railroad commission

531-14   shall, not later than the 30th day after the date of that

531-15   determination:

531-16               (1)  remit the appropriate amount to the person, with

531-17   accrued interest if the utility paid the penalty to the railroad

531-18   commission; or

531-19               (2)  execute a release of the bond if the utility

531-20   posted a supersedeas bond.  (V.A.C.S. Art. 6053-2, Sec. (k).)

531-21         Sec. 121.210.  RECOVERY BY ATTORNEY GENERAL.  An

531-22   administrative penalty owed under Sections 121.206-121.208 may be

531-23   recovered in a civil action brought by the attorney general at the

531-24   request of the railroad commission. (V.A.C.S. Art. 6053-2, Sec.

531-25   (m).)

531-26            (Sections 121.211-121.250 reserved for expansion)

531-27                        SUBCHAPTER F.  GAS SAFETY

 532-1         Sec. 121.251.  RAILROAD COMMISSION TO INVESTIGATE USE OF GAS

 532-2   MALODORANTS.  The railroad commission shall investigate the use of

 532-3   malodorants by a person, firm, or corporation in the business of:

 532-4               (1)  handling, storing, selling, or distributing

 532-5   natural or liquefied petroleum gases, including butane and other

 532-6   odorless gases, for private or commercial uses; or

 532-7               (2)  supplying these products to a public building or

 532-8   the general public. (V.A.C.S. Art. 6053, Sec. 2 (part).)

 532-9         Sec. 121.252.  REGULATION OF USE OF MALODORANTS.  (a)  The

532-10   railroad commission, by rule as necessary to carry out the purposes

532-11   of this section, may:

532-12               (1)  require a person, firm, or corporation subject to

532-13   Section 121.251 to odorize the gas by using a malodorant agent that

532-14   indicates the presence of gas by a distinctive odor;

532-15               (2)  regulate the method of the use of malodorants; and

532-16               (3)  direct and approve the use of containers  and

532-17   other equipment used in connection with malodorants.

532-18         (b)  A required malodorant agent must be:

532-19               (1)  nontoxic and noncorrosive; and

532-20               (2)  not harmful to leather diaphragms in gas

532-21   equipment.  (V.A.C.S. Art. 6053, Sec. 2 (part).)

532-22         Sec. 121.253.  INTERSTATE TRANSPORTATION OF GAS EXCLUDED.

532-23   This subchapter does not apply to gas transported out of this

532-24   state.  (V.A.C.S. Art. 6053, Sec. 2 (part).)

532-25            (Sections 121.254-121.300 reserved for expansion)

532-26                   SUBCHAPTER G.  ENFORCEMENT REMEDIES

532-27         Sec. 121.301.  RECEIVERSHIP.  (a)  On application of the

 533-1   railroad commission, a court having jurisdiction to appoint a

 533-2   receiver may appoint a receiver to control and manage, under the

 533-3   direction of the court, the property of a pipeline subject to this

 533-4   chapter if the person or corporation owning, operating, or

 533-5   controlling the pipeline violates this chapter or a rule of the

 533-6   railroad commission.

 533-7         (b)  The railroad commission may apply for a receivership

 533-8   only if the railroad commission determines that the public interest

 533-9   requires a receivership.

533-10         (c)  The grounds for the appointment of a receiver under this

533-11   section are in addition to any other ground provided by law.

533-12   (V.A.C.S. Art. 6063.)

533-13         Sec. 121.302.  CIVIL PENALTY.  (a)  A gas utility is subject

533-14   to a civil penalty if the gas utility:

533-15               (1)  violates this chapter;

533-16               (2)  fails to perform a duty imposed by this chapter;

533-17   or

533-18               (3)  fails to comply with an order of the railroad

533-19   commission if the order is not stayed or suspended by a court

533-20   order.  A penalty under this section is payable to the state and

533-21   shall be not less than $100 and not more than $1,000 for each

533-22   violation or failure.

533-23         (b)  Each violation and each day that the failure continues

533-24   is subject to a separate penalty. (V.A.C.S. Art. 6062 (part).)

533-25         Sec. 121.303.  PENALTY RECOVERABLE BY VICTIM OF

533-26   DISCRIMINATION.  (a)  A penalty of not less than $100 and not more

533-27   than $1,000 for each violation is recoverable by any person against

 534-1   whom discrimination prohibited by Section 121.104 is committed.

 534-2         (b)  A suit to collect a penalty under this section must be

 534-3   brought in the name of and for the benefit of the person aggrieved.

 534-4         (c)  A person who recovers a penalty under this section is

 534-5   also entitled to reasonable attorney's fees.

 534-6         (d)  The penalty under this section is in addition to a

 534-7   penalty under Section 121.302.  (V.A.C.S. Art. 6062 (part).)

 534-8         Sec. 121.304.  POLLUTION OR PUBLIC SAFETY ADMINISTRATIVE

 534-9   PENALTY.  (a)  The railroad commission may assess an administrative

534-10   penalty against a gas utility that violates this chapter, fails to

534-11   perform a duty imposed by this chapter, or fails to comply with an

534-12   order of the railroad commission issued under this chapter and

534-13   applicable to the gas utility if the violation:

534-14               (1)  results in pollution of the air or water of this

534-15   state; or

534-16               (2)  poses a threat to the public safety.

534-17         (b)  The penalty for each violation or failure may not exceed

534-18   $10,000 a day.  Each day a violation continues may be considered a

534-19   separate violation for purposes of penalty assessment.

534-20         (c)  In determining the amount of the penalty, the railroad

534-21   commission shall consider:

534-22               (1)  the gas utility's history of previous violations

534-23   of this chapter;

534-24               (2)  the seriousness of the violation; and

534-25               (3)  any hazard to the health or safety of the public.

534-26    (V.A.C.S. Art. 6062A, Secs.  (a), (b), (c).)

534-27         Sec. 121.305.  POLLUTION OR PUBLIC SAFETY ADMINISTRATIVE

 535-1   PENALTY:  ASSESSMENT PROCEDURE.  (a)  An administrative penalty may

 535-2   be assessed under Section 121.304 only after a gas utility charged

 535-3   under Section 121.304 has been given an opportunity for a public

 535-4   hearing.

 535-5         (b)  If a public hearing is held, the railroad commission

 535-6   shall make findings of fact and shall issue a written decision as

 535-7   to the occurrence of the violation and the penalty amount warranted

 535-8   by the violation, incorporating, if appropriate, an order requiring

 535-9   that the penalty be paid.

535-10         (c)  If appropriate, the railroad commission shall

535-11   consolidate the hearings with other proceedings under Section

535-12   121.304.

535-13         (d)  If a gas utility charged under Section 121.304 fails to

535-14   take advantage of the opportunity for a public hearing, an

535-15   administrative penalty may be assessed by the railroad commission

535-16   after it has determined:

535-17               (1)  that a violation occurred; and

535-18               (2)  the penalty amount warranted by the violation.

535-19         (e)  After assessing an administrative penalty, the railroad

535-20   commission shall issue an order requiring the penalty to be paid.

535-21         (f)  Not later than the 30th day after the date an order is

535-22   issued finding that a violation described under Section 121.304

535-23   occurred, the railroad commission shall inform the gas utility

535-24   found in violation of the amount of the penalty. (V.A.C.S.

535-25   Art. 6062A, Secs. (d), (e), (f), (g), (h), (i).)

535-26         Sec. 121.306.  POLLUTION OR PUBLIC SAFETY ADMINISTRATIVE

535-27   PENALTY:  PAYMENT OF PENALTY.  (a)  Not later than the 30th day

 536-1   after the date the railroad commission's decision or order imposing

 536-2   an administrative penalty becomes final as provided by Section

 536-3   2001.144, Government Code, the gas utility charged with the

 536-4   violation shall:

 536-5               (1)  pay the penalty in full; or

 536-6               (2)  if the gas utility seeks judicial review of either

 536-7   the amount of the penalty or the fact of the violation, or both:

 536-8                     (A)  pay the penalty to the railroad commission

 536-9   for placement in an escrow account; or

536-10                     (B)  except as provided by Subsection (b), give

536-11   to the railroad commission a supersedeas bond, in the amount of the

536-12   penalty and in the form approved by the railroad commission, to

536-13   stay the collection of the penalty until all judicial review of the

536-14   order or decision is final.

536-15         (b)  If the gas utility is appealing a second or subsequent

536-16   decision or order assessing an administrative penalty against the

536-17   gas utility, regardless of the finality of judicial review of any

536-18   previous decision or order, the railroad commission may, but is not

536-19   required to, accept a supersedeas bond.  (V.A.C.S. Art. 6062A, Sec.

536-20   (j).)

536-21         Sec. 121.307.  POLLUTION OR PUBLIC SAFETY ADMINISTRATIVE

536-22   PENALTY:  APPEALS.  (a)  The district courts of Travis County have

536-23   exclusive jurisdiction of the appeal of an order or decision of the

536-24   railroad commission assessing an administrative penalty under

536-25   Section 121.304.

536-26         (b)  Subchapter G, Chapter 2001, Government Code, and the

536-27   substantial evidence rule apply to an appeal under this section.

 537-1   (V.A.C.S. Art. 6062A, Sec. (n).)

 537-2         Sec. 121.308.  POLLUTION OR PUBLIC SAFETY ADMINISTRATIVE

 537-3   PENALTY:  REFUND OF PAYMENT OR RELEASE OF BOND.  If through

 537-4   judicial review of a decision or order regarding an administrative

 537-5   penalty it is determined that a violation did not occur or that the

 537-6   amount of the penalty should be reduced or not assessed, the

 537-7   railroad commission shall, not later than the 30th day after the

 537-8   date of that determination:

 537-9               (1)  remit the appropriate amount to the gas utility

537-10   with accrued interest if the utility paid the penalty to the

537-11   railroad commission; or

537-12               (2)  execute a release of the bond if the utility

537-13   posted a supersedeas bond.  (V.A.C.S. Art. 6062A, Sec. (k).)

537-14         Sec. 121.309.  POLLUTION OR PUBLIC SAFETY ADMINISTRATIVE

537-15   PENALTY:  RECOVERY.  An administrative penalty owed under Sections

537-16   121.304-121.308 may be recovered in a civil action brought by the

537-17   attorney general at the request of the railroad commission.

537-18   (V.A.C.S. Art. 6062A, Sec. (m).)

537-19         Sec. 121.310.  CRIMINAL PENALTY.  (a)  A person commits an

537-20   offense if:

537-21               (1)  the person is an owner, officer, director, agent,

537-22   or employee of a person or corporation owning, operating, or

537-23   controlling a pipeline of a gas utility; and

537-24               (2)  the person wilfully violates this chapter or

537-25   Chapter 122.

537-26         (b)  An offense under this section is punishable by a fine of

537-27   not less than $50 and not more than $1,000.  In addition to the

 538-1   fine, the offense may be punishable by confinement in jail for not

 538-2   less than 10 days nor more than six months. (V.A.C.S. Art. 6057b.)

 538-3            (Sections 121.311-121.400 reserved for expansion)

 538-4                         SUBCHAPTER H.  APPEALS

 538-5         Sec. 121.401.  APPEAL TO COURT.  (a)  A gas utility or other

 538-6   party at interest may appeal to a court a decision of any rate,

 538-7   classification, rule, charge, order, or act adopted by the railroad

 538-8   commission by filing a petition against the railroad commission as

 538-9   defendant and specifying each particular reason for objection.

538-10         (b)  An action under this section is tried and determined as

538-11   are other civil causes in the court except as provided by Section

538-12   121.402.  (V.A.C.S. Art. 6059 (part).)

538-13         Sec. 121.402.  APPEAL:  BURDEN AND STANDARD OF PROOF.  In a

538-14   trial under this subchapter, the burden of proof is on the

538-15   plaintiff, who must show by clear and satisfactory evidence that

538-16   the rate, rule, order, classification, act, or charge that is the

538-17   subject of the complaint is unreasonable and unjust to the

538-18   plaintiff.  (V.A.C.S. Art. 6059 (part).)

538-19         Sec. 121.403.  APPEAL FROM TRIAL COURT.  An appeal from an

538-20   action under Section 121.402:

538-21               (1)  is at once returnable to the appellate court; and

538-22               (2)  has precedence in the appellate court over each

538-23   other pending cause of a different character. (V.A.C.S. Art. 6059

538-24   (part).)

538-25                 CHAPTER 122.  GAS UTILITY PIPELINE TAX

538-26                       SUBCHAPTER A.  DEFINITIONS

538-27   Sec. 122.001.  DEFINITIONS 

 539-1            (Sections 122.002-122.050 reserved for expansion)

 539-2                       SUBCHAPTER B.  TAX IMPOSED

 539-3   Sec. 122.051.  TAX IMPOSED; RATE 

 539-4   Sec. 122.052.  DEDUCTION OF CERTAIN COSTS 

 539-5            (Sections 122.053-122.100 reserved for expansion)

 539-6              SUBCHAPTER C.  PAYMENTS, REPORTS, AND RECORDS

 539-7   Sec. 122.101.  TAX PAYMENT 

 539-8   Sec. 122.102.  REPORT 

 539-9   Sec. 122.103.  PAYMENT AND REPORT DEADLINE 

539-10   Sec. 122.104.  RECORDS 

539-11            (Sections 122.105-122.150 reserved for expansion)

539-12                      SUBCHAPTER D.  ADMINISTRATION

539-13   Sec. 122.151.  ADMINISTRATION BY RAILROAD COMMISSION 

539-14   Sec. 122.152.  EXAMINATION OF RECORDS AND PERSON DOING

539-15                    BUSINESS IN THIS STATE 

539-16            (Sections 122.153-122.200 reserved for expansion)

539-17                  SUBCHAPTER E.  PENALTIES AND INTEREST

539-18   Sec. 122.201.  PENALTY FOR FAILURE TO REPORT TAX 

539-19   Sec. 122.202.  PENALTY FOR FAILURE TO PAY TAX 

539-20   Sec. 122.203.  PENALTY FOR FAILURE TO REPORT AND PAY TAX 

539-21   Sec. 122.204.  MINIMUM PENALTY 

539-22   Sec. 122.205.  INTEREST 

539-23                 CHAPTER 122.  GAS UTILITY PIPELINE TAX

539-24                       SUBCHAPTER A.  DEFINITIONS

539-25         Sec. 122.001.  DEFINITIONS.  In this chapter:

539-26               (1)  "Gas utility" has the meaning assigned by Section

539-27   121.001(a)(2) and includes a person without regard to whether the

 540-1   person acquired a part of the right-of-way for the pipeline by

 540-2   eminent domain.

 540-3               (2)  "Gross income" includes all gross receipts the gas

 540-4   utility received from activities described by Section 121.001(a)(2)

 540-5   that are performed in this state, other than an activity excluded

 540-6   by Chapter 121 from the activities that make a person a gas utility

 540-7   for purposes of that chapter, and excludes the amount of the

 540-8   deduction allowed by Section 122.052.  (V.A.C.S. Art. 6060, Secs.

 540-9   (1)(a) (part), (c) (part).)

540-10            (Sections 122.002-122.050 reserved for expansion)

540-11                       SUBCHAPTER B.  TAX IMPOSED

540-12         Sec. 122.051.  TAX IMPOSED; RATE.  (a)  A tax is imposed on

540-13   each gas utility.

540-14         (b)  The gas utility tax is imposed at the rate of one-half

540-15   of one percent of the gross income of the gas utility.  (V.A.C.S.

540-16   Art. 6060, Secs.  1(a) (part), (b).)

540-17         Sec. 122.052.  DEDUCTION OF CERTAIN COSTS.  A gas utility is

540-18   entitled to deduct from the utility's gross receipts the amount of

540-19   the cost paid to another person by the utility for purchasing,

540-20   treating, or storing natural gas or for gathering or transporting

540-21   natural gas to the utility's facilities.  (V.A.C.S. Art. 6060, Sec.

540-22   1(c) (part).)

540-23            (Sections 122.053-122.100 reserved for expansion)

540-24              SUBCHAPTER C.  PAYMENTS, REPORTS, AND RECORDS

540-25         Sec. 122.101.  TAX PAYMENT.  (a)  A gas utility on whom a tax

540-26   is imposed by this chapter during a calendar quarter shall pay the

540-27   tax to the railroad commission.

 541-1         (b)  A gas utility shall make the tax payment payable to the

 541-2   comptroller.  (V.A.C.S. Art. 6060, Sec. 2(a) (part).)

 541-3         Sec. 122.102.  REPORT.  (a)  A gas utility on whom a tax is

 541-4   imposed by this chapter during a calendar quarter shall include

 541-5   with the tax payment a report to the railroad commission that

 541-6   includes a statement of:

 541-7               (1)  all activity subject to the tax during the period

 541-8   covered by the report; and

 541-9               (2)  the gross income from that activity.

541-10         (b)  The president, secretary, or general manager of a gas

541-11   utility that is a corporation or an owner of a gas utility that is

541-12   not a corporation must verify the truth and accuracy of the report.

541-13   (V.A.C.S. Art. 6060, Secs. 2(a) (part), (b).)

541-14         Sec. 122.103.  PAYMENT AND REPORT DEADLINE.  A tax payment

541-15   and report under this chapter for a calendar quarter are due on or

541-16   before the 20th day of the second month of the succeeding quarter.

541-17   (V.A.C.S. Art. 6060, Sec. 2(a) (part).)

541-18         Sec. 122.104.  RECORDS.  A person on whom a tax is imposed by

541-19   this chapter shall maintain until the fourth anniversary of the

541-20   date the tax report and payment for a calendar quarter are due

541-21   records sufficient to:

541-22               (1)  document the person's tax report; and

541-23               (2)  establish the amount of the tax imposed.

541-24   (V.A.C.S. Art. 6060, Sec. 3(b).)

541-25            (Sections 122.105-122.150 reserved for expansion)

541-26                      SUBCHAPTER D.  ADMINISTRATION

541-27         Sec. 122.151.  ADMINISTRATION BY RAILROAD COMMISSION.  The

 542-1   railroad commission:

 542-2               (1)  shall administer and collect the taxes imposed by

 542-3   this chapter; and

 542-4               (2)  may adopt rules necessary to administer this

 542-5   chapter and to collect and enforce the taxes.  (V.A.C.S. Art. 6060,

 542-6   Sec. 3(a).)

 542-7         Sec. 122.152.  EXAMINATION OF RECORDS AND PERSON DOING

 542-8   BUSINESS IN THIS STATE.  To enforce this chapter, the railroad

 542-9   commission may examine:

542-10               (1)  a book, record, or paper of a person permitted to

542-11   do business in this state, including an agent of the person, at an

542-12   office of the person or agent in the United States; and

542-13               (2)  an officer or employee of a person described by

542-14   Subdivision (1) under oath.  (V.A.C.S. Art. 6060, Sec. 3(c).)

542-15            (Sections 122.153-122.200 reserved for expansion)

542-16                  SUBCHAPTER E.  PENALTIES AND INTEREST

542-17         Sec. 122.201.  PENALTY FOR FAILURE TO REPORT TAX.  A person

542-18   who is required to report a tax imposed by this chapter and fails

542-19   to report as required by Sections 122.102 and 122.103 shall pay:

542-20               (1)  a penalty of five percent of the amount of the tax

542-21   due with the report; and

542-22               (2)  if the report is not made before the 31st day

542-23   after the date the report is initially required to be made, an

542-24   additional penalty of five  percent of the amount of the tax due

542-25   with the report.   (V.A.C.S. Art. 6060, Sec. 4(a) (part).)

542-26         Sec. 122.202.  PENALTY FOR FAILURE TO PAY TAX.  A person who

542-27   is required to pay a tax imposed by this chapter and fails to pay

 543-1   the tax as required by Sections 122.101 and 122.103 shall pay:

 543-2               (1)  a penalty of five percent of the amount of the tax

 543-3   due and unpaid; and

 543-4               (2)  if the tax is not paid before the 31st day after

 543-5   the date the tax payment is initially required to be made, an

 543-6   additional penalty of five percent of the amount of the tax due and

 543-7   unpaid.  (V.A.C.S.  Art. 6060, Sec. 4(a) (part).)

 543-8         Sec. 122.203.  PENALTY FOR FAILURE TO REPORT AND PAY TAX.  If

 543-9   a person fails to make the report and to pay the tax for a

543-10   reporting period, only the penalty and additional penalty under

543-11   Section 122.201, as applicable, for failure to make the report is

543-12   imposed. (V.A.C.S.  Art. 6060, Sec. 4(a) (part).)

543-13         Sec. 122.204.  MINIMUM PENALTY.  If the amount of a penalty

543-14   or additional penalty computed as provided by this subchapter is

543-15   less than $5, the amount of the penalty or additional penalty is

543-16   $5.  (V.A.C.S. Art. 6060, Sec. 4(a) (part).)

543-17         Sec. 122.205.  INTEREST.  A tax imposed by this chapter that

543-18   becomes delinquent draws interest at the rate of 12 percent a year

543-19   beginning on the 60th day after the date the tax becomes delinquent

543-20   and continues to draw interest until the date the tax is paid.

543-21   (V.A.C.S. Art. 6060, Sec. 4(b).)

543-22       CHAPTER 123.  USE OF NATURAL GAS FOR AGRICULTURAL PURPOSES

543-23       SUBCHAPTER A.  NATURAL GAS SUPPLY FOR AGRICULTURAL PURPOSES

543-24   Sec. 123.001.  NATURAL GAS SUPPLY FOR AGRICULTURAL PURPOSES 

543-25   Sec. 123.002.  EXCEPTION 

543-26            (Sections 123.003-123.020 reserved for expansion)

543-27                SUBCHAPTER B.  AGRICULTURE GAS USERS ACT

 544-1   Sec. 123.021.  SHORT TITLE 

 544-2   Sec. 123.022.  DEFINITIONS 

 544-3   Sec. 123.023.  CONTRACT FOR NATURAL GAS 

 544-4   Sec. 123.024.  EXCEPTION 

 544-5       CHAPTER 123.  USE OF NATURAL GAS FOR AGRICULTURAL PURPOSES

 544-6       SUBCHAPTER A.  NATURAL GAS SUPPLY FOR AGRICULTURAL PURPOSES

 544-7         Sec. 123.001.  NATURAL GAS SUPPLY FOR AGRICULTURAL PURPOSES.

 544-8   A person, firm, corporation, partnership, association, or

 544-9   cooperative who sells natural gas for irrigation may not reduce the

544-10   supply of natural gas for an agricultural purpose, including

544-11   irrigation pumping or crop drying, if that person or entity:

544-12               (1)  sells and distributes natural gas in a

544-13   municipality; or

544-14               (2)  delivers gas to the boundary of a municipality for

544-15   resale in the municipality.  (V.A.C.S. Art. 6066f (part).)

544-16         Sec. 123.002.  EXCEPTION.  This subchapter does not apply to

544-17   the extent that the supply of natural gas is required to maintain

544-18   natural gas service for:

544-19               (1)  use by residential users or hospitals; or

544-20               (2)  an analogous use that is vital to public health

544-21   and safety.  (V.A.C.S.  Art. 6066f (part).)

544-22            (Sections 123.003-123.020 reserved for expansion)

544-23                SUBCHAPTER B.  AGRICULTURE GAS USERS ACT

544-24         Sec. 123.021.  SHORT TITLE.  This subchapter may be cited as

544-25   the Agriculture Gas Users Act.  (V.A.C.S. Art. 6066g, Sec. 1.)

544-26         Sec. 123.022.  DEFINITIONS.  In this subchapter:

544-27               (1)  "Agriculture energy user" means a person who

 545-1   purchases or uses natural gas for fuel for an irrigation well.

 545-2               (2)  "Corporation" means a domestic or foreign

 545-3   corporation or association, and each lessee, assignee, trustee,

 545-4   receiver, or other successor in interest of the corporation or

 545-5   association, that has any of the powers or privileges of a

 545-6   corporation not possessed by an individual or partnership.

 545-7               (3)  "Person" includes an individual, a partnership of

 545-8   two or more persons having a joint or common interest, a mutual or

 545-9   cooperative association, and a corporation.

545-10               (4)  "Supplier" means a person who furnishes natural

545-11   gas to an agriculture energy user.  (V.A.C.S. Art. 6066g, Sec. 2.)

545-12         Sec. 123.023.  CONTRACT FOR NATURAL GAS.  (a)  A supplier and

545-13   an agriculture energy user may by contract establish a price and

545-14   other terms of service for the furnishing of natural gas.

545-15         (b)  A contract under this section must be negotiated in good

545-16   faith and the result of arm's-length bargaining between the

545-17   parties.

545-18         (c)  Each party shall provide information and maintain

545-19   records as reasonably necessary for the contract.

545-20         (d)  A price charged to an agriculture energy user under the

545-21   contract may not exceed the price charged to a majority of the

545-22   supplier's commercial users or other similar large-volume users.

545-23   (V.A.C.S. Art. 6066g, Sec. 3.)

545-24         Sec. 123.024.  EXCEPTION.  This subchapter does not apply to

545-25   a transaction between an agriculture energy user and a supplier who

545-26   does not deliver gas to a municipality unless:

545-27               (1)  the parties agree the subchapter applies to the

 546-1   transaction; and

 546-2               (2)  the contract states the subchapter applies to the

 546-3   transaction.  (V.A.C.S. Art. 6066g, Sec. 4.)

 546-4             CHAPTER 124.  SUBMETERING TO MOBILE HOME PARKS

 546-5                          AND APARTMENT HOUSES

 546-6   Sec. 124.001.  DEFINITIONS 

 546-7   Sec. 124.002.  SUBMETERING 

 546-8             CHAPTER 124.  SUBMETERING TO MOBILE HOME PARKS

 546-9                          AND APARTMENT HOUSES

546-10         Sec. 124.001.  DEFINITIONS.  In this chapter:

546-11               (1)  "Apartment house" means one or more buildings

546-12   containing more than five dwelling units each of which is rented

546-13   primarily for nontransient use with rent paid at intervals of one

546-14   week or longer.  The term includes a rented or owner-occupied

546-15   residential condominium.

546-16               (2)  "Dwelling unit" means:

546-17                     (A)  one or more rooms that are suitable for

546-18   occupancy as a residence and that contain kitchen and bathroom

546-19   facilities; or

546-20                     (B)  a mobile home in a mobile home park.

546-21   (V.A.C.S. Art. 6053, Sec. 1a(a).)

546-22         Sec. 124.002.  SUBMETERING.  (a)  The railroad commission

546-23   shall adopt rules under which an owner, operator, or manager of a

546-24   mobile home park or apartment house may purchase natural gas

546-25   through a master meter for delivery to a dwelling unit in the

546-26   mobile home park or apartment house using individual submeters to

546-27   allocate fairly the cost of the gas consumption of each dwelling

 547-1   unit.

 547-2         (b)  In addition to other appropriate safeguards for a

 547-3   resident of a mobile home park or apartment house, the rules must

 547-4   provide that the owner, operator, or manager of the mobile home

 547-5   park or apartment house:

 547-6               (1)  may not deliver natural gas for sale or resale for

 547-7   profit; and

 547-8               (2)  shall maintain adequate records relating to that

 547-9   submetering and make those records available for inspection by the

547-10   resident during reasonable business hours.  (V.A.C.S. Art. 6053,

547-11   Sec. 1a(b).)

547-12                (Chapters 125-160 reserved for expansion)

547-13                 TITLE 4.  DELIVERY OF UTILITY SERVICES

547-14          SUBTITLE A.  UTILITY CORPORATIONS AND OTHER PROVIDERS

547-15             CHAPTER 161.  ELECTRIC COOPERATIVE CORPORATIONS

547-16                    SUBCHAPTER A.  GENERAL PROVISIONS

547-17   Sec. 161.001.  SHORT TITLE 

547-18   Sec. 161.002.  DEFINITIONS 

547-19   Sec. 161.003.  CONSTRUCTION OF CHAPTER 

547-20   Sec. 161.004.  CERTAIN CORPORATE NAMES PROHIBITED 

547-21            (Sections 161.005-161.050 reserved for expansion)

547-22     SUBCHAPTER B.  CREATION AND OPERATION OF ELECTRIC COOPERATIVES

547-23   Sec. 161.051.  INCORPORATORS 

547-24   Sec. 161.052.  DURATION OF CORPORATION 

547-25   Sec. 161.053.  NAME OF ELECTRIC COOPERATIVE 

547-26   Sec. 161.054.  ARTICLES OF INCORPORATION 

547-27   Sec. 161.055.  FILING AND RECORDING OF ARTICLES OF

 548-1                    INCORPORATION 

 548-2   Sec. 161.056.  REVIVAL OF ARTICLES OF INCORPORATION 

 548-3   Sec. 161.057.  ORGANIZATIONAL MEETING 

 548-4   Sec. 161.058.  PERFECTING DEFECTIVELY ORGANIZED CORPORATION 

 548-5   Sec. 161.059.  NONPROFIT OPERATION 

 548-6   Sec. 161.060.  MEMBERS NOT LIABLE FOR DEBTS OF ELECTRIC

 548-7                    COOPERATIVE 

 548-8   Sec. 161.061.  LICENSE FEE 

 548-9   Sec. 161.062.  EXEMPTION FROM EXCISE TAXES 

548-10   Sec. 161.063.  EXEMPTION FROM APPLICATION OF SECURITIES ACT 

548-11   Sec. 161.064.  BYLAWS 

548-12   Sec. 161.065.  MEMBERSHIP 

548-13   Sec. 161.066.  CERTIFICATE OF MEMBERSHIP 

548-14   Sec. 161.067.  MEETINGS OF MEMBERS 

548-15   Sec. 161.068.  NOTICE OF MEMBERS' MEETING 

548-16   Sec. 161.069.  QUORUM OF MEMBERS 

548-17   Sec. 161.070.  VOTING BY MEMBERS 

548-18   Sec. 161.071.  BOARD OF DIRECTORS 

548-19   Sec. 161.072.  ELECTION OF DIRECTORS; VACANCIES 

548-20   Sec. 161.073.  COMPENSATION OF DIRECTORS 

548-21   Sec. 161.074.  QUORUM OF DIRECTORS 

548-22   Sec. 161.075.  BOARD MEETINGS 

548-23   Sec. 161.076.  OFFICERS, AGENTS, AND EMPLOYEES 

548-24   Sec. 161.077.  EXECUTIVE COMMITTEE 

548-25   Sec. 161.078.  INDEMNIFICATION 

548-26   Sec. 161.079.  APPLICABILITY OF CHAPTER TO CORPORATIONS

548-27                    ORGANIZED UNDER OTHER LAW 

 549-1            (Sections 161.080-161.120 reserved for expansion)

 549-2              SUBCHAPTER C.  POWERS OF ELECTRIC COOPERATIVE

 549-3   Sec. 161.121.  GENERAL POWERS 

 549-4   Sec. 161.122.  PROVISION OF RURAL ELECTRIFICATION 

 549-5   Sec. 161.123.  POWERS RELATING TO PROVISION OF ELECTRIC

 549-6                    ENERGY 

 549-7   Sec. 161.124.  PROVISION OF ELECTRIC ENERGY TO CERTAIN

 549-8                    NONMEMBER ENTITIES 

 549-9   Sec. 161.125.  EMINENT DOMAIN 

549-10            (Sections 161.126-161.150 reserved for expansion)

549-11          SUBCHAPTER D.  AMENDMENT OF ARTICLES OF INCORPORATION

549-12   Sec. 161.151.  AMENDMENT OF ARTICLES OF INCORPORATION 

549-13   Sec. 161.152.  ARTICLES OF AMENDMENT 

549-14            (Sections 161.153-161.200 reserved for expansion)

549-15          SUBCHAPTER E.  CONSOLIDATION OF ELECTRIC COOPERATIVES

549-16   Sec. 161.201.  CONSOLIDATION 

549-17   Sec. 161.202.  ARTICLES OF CONSOLIDATION 

549-18            (Sections 161.203-161.250 reserved for expansion)

549-19                       SUBCHAPTER F.  DISSOLUTION

549-20   Sec. 161.251.  DISSOLUTION 

549-21   Sec. 161.252.  EXISTENCE FOLLOWING DISSOLUTION 

549-22   Sec. 161.253.  DISTRIBUTION OF NET ASSETS ON DISSOLUTION 

549-23   Sec. 161.254.  DISSOLUTION OF DEFECTIVELY INCORPORATED

549-24                    ELECTRIC COOPERATIVE 

549-25             CHAPTER 161.  ELECTRIC COOPERATIVE CORPORATIONS

549-26                    SUBCHAPTER A.  GENERAL PROVISIONS

549-27         Sec. 161.001.  SHORT TITLE.  This chapter may be cited as the

 550-1   Electric Cooperative Corporation Act.  (V.A.C.S. Art. 1528b, Sec.

 550-2   1.)

 550-3         Sec. 161.002.  DEFINITIONS.  In this chapter:

 550-4               (1)  "Acquire" means and includes construct, acquire by

 550-5   purchase, lease, devise, or gift, or other mode of acquisition.

 550-6               (2)  "Board" means the board of directors of an

 550-7   electric cooperative.

 550-8               (3)  "Central station service" means electric service

 550-9   provided by a municipally owned electric system or by an electric

550-10   corporation described by Subchapter A, Chapter 181.

550-11               (4)  "Electric cooperative" means a corporation that is

550-12   organized under this chapter or that becomes subject to this

550-13   chapter as provided by this chapter.

550-14               (5)  "Member" means:

550-15                     (A)  an incorporator of an electric cooperative;

550-16   or

550-17                     (B)  a person admitted to membership in the

550-18   electric cooperative as provided by Section 161.065.

550-19               (6)  "Obligation" includes a bond, note, debenture,

550-20   interim certificate or receipt, or other evidence of indebtedness

550-21   issued by an electric cooperative.

550-22               (7)  "Rural area" means an area, including both farm

550-23   and nonfarm population of the area, that is not located in:

550-24                     (A)  a municipality having a population greater

550-25   than 1,500; or

550-26                     (B)  an unincorporated city, town, village, or

550-27   borough having a population greater than 1,500.  (V.A.C.S.

 551-1   Art. 1528b, Secs. 2(1), (2), (3), (6), (7), (8), 3 (part).)

 551-2         Sec. 161.003.  CONSTRUCTION OF CHAPTER.  This chapter shall

 551-3   be liberally construed.  The enumeration of a purpose, power,

 551-4   method, or thing does not exclude similar purposes, powers,

 551-5   methods, or things.  (V.A.C.S. Art. 1528b, Sec. 34.)

 551-6         Sec. 161.004.  CERTAIN CORPORATE NAMES PROHIBITED.  A

 551-7   corporation organized under the laws of this state or authorized to

 551-8   do business in this state may not use the words "electric

 551-9   cooperative" in the corporation's name unless the corporation is

551-10   organized under this chapter.  (V.A.C.S. Art. 1528b, Sec. 7.)

551-11            (Sections 161.005-161.050 reserved for expansion)

551-12     SUBCHAPTER B.  CREATION AND OPERATION OF ELECTRIC COOPERATIVES

551-13         Sec. 161.051.  INCORPORATORS.  (a)  Three or more individuals

551-14   may act as incorporators of an electric cooperative by executing

551-15   articles of incorporation as provided by this chapter.

551-16         (b)  An incorporator must:

551-17               (1)  be at least 21 years of age; and

551-18               (2)  reside in this state.  (V.A.C.S. Art. 1528b, Sec.

551-19   5.)

551-20         Sec. 161.052.  DURATION OF CORPORATION.  An electric

551-21   cooperative may be created as a perpetual corporation.  (V.A.C.S.

551-22   Art. 1528b, Secs. 4 (part), 6(a) (part).)

551-23         Sec. 161.053.  NAME OF ELECTRIC COOPERATIVE.  The name of an

551-24   electric cooperative must:

551-25               (1)  include the words "Electric Cooperative";

551-26               (2)  include the term "Corporation," "Incorporated,"

551-27   "Inc.," "Association," or "Company"; and

 552-1               (3)  be distinct from the name of any other corporation

 552-2   organized under the laws of this state.  (V.A.C.S. Art. 1528b, Sec.

 552-3   6(a) (part).)

 552-4         Sec. 161.054.  ARTICLES OF INCORPORATION.  (a)  The articles

 552-5   of incorporation of an electric cooperative must state:

 552-6               (1)  the name of the cooperative;

 552-7               (2)  the purpose for which the cooperative is formed;

 552-8               (3)  the name and address of each incorporator;

 552-9               (4)  the number of directors;

552-10               (5)  the address of the cooperative's principal office

552-11   and the name and address of its agent on whom process may be

552-12   served;

552-13               (6)  the duration of the cooperative;

552-14               (7)  the terms under which a person is admitted to

552-15   membership and retains membership in the cooperative, unless the

552-16   articles expressly state that the determination of membership

552-17   matters is reserved to the directors by the bylaws; and

552-18               (8)  any provisions that the incorporators include for

552-19   the regulation of the business and the conduct of the affairs of

552-20   the cooperative.

552-21         (b)  The articles of incorporation do not need to state any

552-22   of the corporate powers enumerated in this chapter.  (V.A.C.S.

552-23   Art. 1528b, Secs. 6(a) (part), (b).)

552-24         Sec. 161.055.  FILING AND RECORDING OF ARTICLES OF

552-25   INCORPORATION.  (a)  The secretary of state shall receive articles

552-26   of incorporation of an electric cooperative if the incorporators of

552-27   the cooperative:

 553-1               (1)  apply for filing the articles;

 553-2               (2)  furnish satisfactory evidence of compliance with

 553-3   this chapter to the secretary of state; and

 553-4               (3)  pay a fee of $10.

 553-5         (b)  The secretary of state shall:

 553-6               (1)  file the articles of incorporation in the

 553-7   secretary's office;

 553-8               (2)  record the articles at length in a book to be kept

 553-9   for that purpose;

553-10               (3)  retain the original articles of incorporation on

553-11   file in the secretary's office; and

553-12               (4)  issue a certificate showing the recording of the

553-13   articles of incorporation and the electric cooperative's authority

553-14   to do business under the articles.

553-15         (c)  A copy of the articles of incorporation or of the record

553-16   of the articles, certified under the state seal, is evidence of the

553-17   creation of the electric cooperative.

553-18         (d)  The existence of the electric cooperative dates from the

553-19   filing of the articles in the office of the secretary of state.

553-20   The certificate of the secretary of state is evidence of that

553-21   filing.  (V.A.C.S. Art. 1528b, Secs. 8, 29 (part).)

553-22         Sec. 161.056.  REVIVAL OF ARTICLES OF INCORPORATION.  (a)  If

553-23   the articles of incorporation of an electric cooperative expire by

553-24   limitation, the cooperative, with the consent of a majority of its

553-25   members, may revive the articles by filing:

553-26               (1)  new articles of incorporation under this chapter;

553-27   and

 554-1               (2)  a certified copy of the expired original articles.

 554-2         (b)  An electric cooperative that revives its articles of

 554-3   incorporation has all the privileges, immunities, and rights of

 554-4   property exercised and held by the cooperative at the time the

 554-5   original articles expired.

 554-6         (c)  New articles of incorporation filed under this section

 554-7   must recite the privileges, immunities, and rights of property

 554-8   exercised and held by the cooperative at the time the original

 554-9   articles expired.  (V.A.C.S. Art. 1528b, Sec. 9.)

554-10         Sec. 161.057.  ORGANIZATIONAL MEETING.  (a)  After the

554-11   certificate of incorporation is issued, the incorporators of an

554-12   electric cooperative shall meet to adopt bylaws, elect officers,

554-13   and transact other business that properly comes before the meeting.

554-14         (b)  A majority of the incorporators shall call the

554-15   organizational meeting.

554-16         (c)  The incorporators calling the organizational meeting

554-17   shall give at least three days' notice of the meeting by mail to

554-18   each incorporator.  The notice must state the time and place of the

554-19   meeting.  The notice may be waived in writing.  (V.A.C.S.

554-20   Art. 1528b, Sec. 10.)

554-21         Sec. 161.058.  PERFECTING DEFECTIVELY ORGANIZED CORPORATION.

554-22   (a)  An electric cooperative that files defective articles of

554-23   incorporation or fails to take an action necessary to perfect its

554-24   corporate organization may:

554-25               (1)  file corrected articles of incorporation or amend

554-26   the original articles; and

554-27               (2)  take any action necessary to correct the defect.

 555-1         (b)  An action taken under this section is valid and binding

 555-2   on any person concerned.  (V.A.C.S. Art. 1528b, Sec. 32.)

 555-3         Sec. 161.059.  NONPROFIT OPERATION.  (a)  An electric

 555-4   cooperative shall operate without profit to its members.

 555-5         (b)  The rates, fees, rents, and other charges for electric

 555-6   energy and other facilities, supplies, equipment, or services

 555-7   furnished by the cooperative must be sufficient at all times to:

 555-8               (1)  pay all operating and maintenance expenses

 555-9   necessary or desirable for the prudent conduct of its business;

555-10               (2)  pay the principal of and interest on the

555-11   obligations issued or assumed by the cooperative in performing the

555-12   purpose for which the cooperative was organized; and

555-13               (3)  create reserves.

555-14         (c)  The cooperative shall devote its revenues:

555-15               (1)  first to the payment of operating and maintenance

555-16   expenses and the principal and interest on outstanding obligations;

555-17   and

555-18               (2)  then to the reserves prescribed by the board for

555-19   improvement, new construction, depreciation, and contingencies.

555-20         (d)  The cooperative shall periodically return revenues not

555-21   required for the purposes prescribed by Subsection (c) to the

555-22   members in proportion to the amount of business done with each

555-23   member during the applicable period.  The cooperative may return

555-24   revenues:

555-25               (1)  in cash, by abatement of current charges for

555-26   electric energy, or in another manner determined by the board; or

555-27               (2)  through a general rate reduction to members.

 556-1   (V.A.C.S. Art. 1528b, Sec. 25.)

 556-2         Sec. 161.060.  MEMBERS NOT LIABLE FOR DEBTS OF ELECTRIC

 556-3   COOPERATIVE.  A member is not liable for a debt of an electric

 556-4   cooperative except for:

 556-5               (1)  a debt contracted between the member and the

 556-6   cooperative; or

 556-7               (2)  an amount not to exceed the unpaid amount of the

 556-8   member's membership fee.  (V.A.C.S. Art. 1528b, Sec. 16 (part).)

 556-9         Sec. 161.061.  LICENSE FEE.  Not later than May 1 of each

556-10   year, each electric cooperative  shall pay to the secretary of

556-11   state a license fee of $10.  (V.A.C.S.  Art. 1528b, Sec. 30

556-12   (part).)

556-13         Sec. 161.062.  EXEMPTION FROM EXCISE TAXES.  An electric

556-14   cooperative is exempt from all excise taxes but is exempt from the

556-15   franchise tax imposed by Chapter 171, Tax Code, only if the

556-16   cooperative is exempted by that chapter.  (V.A.C.S. Art. 1528b,

556-17   Sec. 30 (part).)

556-18         Sec. 161.063.  EXEMPTION FROM APPLICATION OF SECURITIES ACT.

556-19   The Securities Act (Article 581-1 et seq., Vernon's Texas Civil

556-20   Statutes) does not apply to:

556-21               (1)  an obligation issued to secure a debt of an

556-22   electric cooperative to the United States; or

556-23               (2)  the issuance of a membership certificate by an

556-24   electric cooperative.  (V.A.C.S. Art. 1528b, Sec. 31.)

556-25         Sec. 161.064.  BYLAWS.  (a)   The board may adopt, amend, or

556-26   repeal the bylaws of the cooperative.

556-27         (b)  The bylaws may contain any provision for the regulation

 557-1   and management of the affairs of the electric cooperative that is

 557-2   consistent with the articles of incorporation.  (V.A.C.S.

 557-3   Art. 1528b, Secs. 4 (part), 11.)

 557-4         Sec. 161.065.  MEMBERSHIP.  (a)  A person is eligible to

 557-5   become a member of an electric cooperative if the person has a

 557-6   dwelling, structure, apparatus, or point of delivery at which the

 557-7   person does not receive central station service from another source

 557-8   and that is located in an area in which the cooperative is

 557-9   authorized to provide electric energy, and the person:

557-10               (1)  uses or agrees to use electric energy or the

557-11   facilities, supplies, equipment, or services furnished by the

557-12   cooperative at the dwelling, structure, apparatus, or point of

557-13   delivery; or

557-14               (2)  is an incorporator of the cooperative.

557-15         (b)  An electric cooperative may become a member of another

557-16   electric cooperative and may fully use the facilities and services

557-17   of that cooperative.

557-18         (c)  Membership in an electric cooperative is not

557-19   transferable.  (V.A.C.S. Art. 1528b, Secs. 12, 16 (part).)

557-20         Sec. 161.066.  CERTIFICATE OF MEMBERSHIP.  (a)  An electric

557-21   cooperative shall issue a certificate of membership to a member who

557-22   pays the member's membership fee in full.

557-23         (b)  A certificate of membership is not transferable.

557-24         (c)  A certificate of membership shall be surrendered to the

557-25   cooperative on the resignation, expulsion, or death of the member.

557-26   (V.A.C.S. Art. 1528b, Sec. 16 (part).)

557-27         Sec. 161.067.  MEETINGS OF MEMBERS.  (a)  An electric

 558-1   cooperative may hold a meeting of its members at a place provided

 558-2   in the bylaws.  If the bylaws do not provide for a place for a

 558-3   meeting, the cooperative shall hold the meeting in the principal

 558-4   office of the cooperative in this state.

 558-5         (b)  An electric cooperative shall hold an annual meeting of

 558-6   its members at the time provided in the bylaws.  Failure to hold

 558-7   the annual meeting at the designated time does not result in

 558-8   forfeiture or dissolution of the cooperative.

 558-9         (c)  A special meeting of the members may be called by:

558-10               (1)  the president;

558-11               (2)  the board;

558-12               (3)  a majority of the directors;

558-13               (4)  the members by a petition signed by at least 10

558-14   percent of the members; or

558-15               (5)  an officer or other person as provided by the

558-16   articles of incorporation or bylaws.  (V.A.C.S. Art. 1528b, Sec.

558-17   13.)

558-18         Sec. 161.068.  NOTICE OF MEMBERS' MEETING.  (a)  Written

558-19   notice of each meeting of the members shall be delivered to each

558-20   member of record, either personally or by mail, not earlier than

558-21   the 30th day or later than the 10th day before the date of the

558-22   meeting.  The notice must be delivered by or at the direction of

558-23   the president, the secretary, or the officers or other persons

558-24   calling the meeting.

558-25         (b)  The notice must state the time and place of the meeting

558-26   and, in the case of a special meeting, each purpose for which the

558-27   meeting is called.

 559-1         (c)  A member may waive notice of meetings in writing.

 559-2         (d)  A notice that is mailed is considered to be delivered

 559-3   when the notice is deposited in the United States mail in a sealed

 559-4   envelope with postage prepaid addressed to the member at the

 559-5   member's address as it appears on the records of the electric

 559-6   cooperative.  (V.A.C.S. Art. 1528b, Sec. 14.)

 559-7         Sec. 161.069.  QUORUM OF MEMBERS.  Unless otherwise provided

 559-8   by the articles of incorporation, a quorum for the transaction of

 559-9   business at a meeting of the members of an electric cooperative is

559-10   a majority of the members present in person or represented by

559-11   proxy.  If voting by mail is provided for in the bylaws, members

559-12   voting by mail are counted as present for purposes of determining

559-13   whether a quorum is present.  (V.A.C.S.  Art. 1528b, Sec. 17.)

559-14         Sec. 161.070.  VOTING BY MEMBERS.  Each member present at a

559-15   meeting of the members is entitled to one vote on each matter

559-16   submitted to a vote at the meeting.  The bylaws may provide for

559-17   voting by proxy or by mail.  (V.A.C.S. Art. 1528b, Sec. 15.)

559-18         Sec. 161.071.  BOARD OF DIRECTORS.  (a)  A board of at least

559-19   three directors shall manage the business and affairs of an

559-20   electric cooperative.  Each director must be a member of the

559-21   cooperative.  The bylaws may prescribe additional qualifications

559-22   for directors.

559-23         (b)  The board may exercise any power of an electric

559-24   cooperative not conferred on the members by this chapter or by the

559-25   cooperative's articles of incorporation or bylaws.  (V.A.C.S.

559-26   Art. 1528b, Secs. 6(a) (part), 18, 19 (part).)

559-27         Sec. 161.072.  ELECTION OF DIRECTORS; VACANCIES.  (a)  The

 560-1   incorporators of an electric cooperative named in the articles of

 560-2   incorporation shall serve as directors until the first annual

 560-3   meeting of the members, and until their successors are elected and

 560-4   qualify.   Subsequently, the directors shall be elected by the

 560-5   members at each annual meeting or as otherwise provided by the

 560-6   bylaws.

 560-7         (b)  A vacancy on the board shall be filled as provided by

 560-8   the bylaws.  A person selected to fill a vacancy serves until the

 560-9   next regular election of directors.  (V.A.C.S. Art. 1528b, Secs.

560-10   6(a) (part), 19 (part), 20.)

560-11         Sec. 161.073.  COMPENSATION OF DIRECTORS.  A director of an

560-12   electric cooperative is entitled to the compensation and

560-13   reimbursement for expenses actually and necessarily incurred by the

560-14   director as provided by the bylaws.  (V.A.C.S. Art. 1528b, Sec. 19

560-15   (part).)

560-16         Sec. 161.074.  QUORUM OF DIRECTORS.  (a)  A majority of the

560-17   directors is a quorum unless the articles of incorporation or the

560-18   bylaws provide that a greater number of the directors is a quorum.

560-19         (b)  A majority of the directors present at a meeting at

560-20   which a quorum is present may exercise the board's authority unless

560-21   the articles of incorporation or the bylaws require a greater

560-22   number of directors to exercise the board's authority.  (V.A.C.S.

560-23   Art. 1528b, Sec. 21.)

560-24         Sec. 161.075.  BOARD MEETINGS.  (a)  The board shall hold a

560-25   regular or special board meeting at the place and on the notice

560-26   prescribed by the bylaws.

560-27         (b)  The attendance of a director at a board meeting

 561-1   constitutes a waiver of notice of the meeting unless the director

 561-2   attends the meeting for the express purpose of objecting to the

 561-3   transaction of business at the meeting because the meeting is not

 561-4   lawfully called or convened.

 561-5         (c)  A notice or waiver of notice of a board meeting is not

 561-6   required to specify the business to be transacted at the meeting or

 561-7   the purpose of the meeting.  (V.A.C.S. Art. 1528b, Sec. 22.)

 561-8         Sec. 161.076.  OFFICERS, AGENTS, AND EMPLOYEES.  (a)  The

 561-9   board shall elect from the board's membership a president, a vice

561-10   president, a secretary, and a treasurer.  The terms of office,

561-11   powers, duties, and compensation of the officers elected under this

561-12   subsection shall be provided for by the bylaws.

561-13         (b)  The same person may hold the offices of secretary and of

561-14   treasurer.

561-15         (c)  The board may appoint other officers, agents, and

561-16   employees as the board considers necessary and shall prescribe the

561-17   powers, duties, and compensation of those persons.

561-18         (d)  The board may remove an officer, agent, or employee

561-19   elected or appointed by the board if the board determines that the

561-20   removal will serve the best interests of the cooperative.

561-21   (V.A.C.S. Art. 1528b, Secs. 4 (part), 23.)

561-22         Sec. 161.077.  EXECUTIVE COMMITTEE.  (a)  The bylaws of an

561-23   electric cooperative may authorize the board to elect an executive

561-24   committee from the board's membership.

561-25         (b)  The board may delegate to the executive committee the

561-26   management of the current and ordinary business of the cooperative

561-27   and other duties as prescribed by the bylaws.

 562-1         (c)  The designation of an executive committee and the

 562-2   delegation of authority to the committee does not relieve the board

 562-3   or any director of a responsibility imposed on the board or the

 562-4   director by this chapter.  (V.A.C.S. Art. 1528b, Sec. 24.)

 562-5         Sec. 161.078.  INDEMNIFICATION.  An electric cooperative may

 562-6   indemnify and provide indemnity insurance in the same manner and to

 562-7   the same extent as a nonprofit corporation under Article 2.22A,

 562-8   Texas Non-Profit Corporation Act (Article 1396-2.22A, Vernon's

 562-9   Texas Civil Statutes).  (V.A.C.S. Art. 1528b, Sec. 19A.)

562-10         Sec. 161.079.  APPLICABILITY OF CHAPTER TO CORPORATIONS

562-11   ORGANIZED UNDER OTHER LAW.  A cooperative or nonprofit corporation

562-12   or association organized under any other law of this state for the

562-13   purpose of engaging in rural electrification may, by a majority

562-14   vote of the members present in person or represented by proxy at a

562-15   meeting called for that purpose, amend its articles of

562-16   incorporation to comply with this chapter.  (V.A.C.S. Art. 1528b,

562-17   Sec. 33.)

562-18            (Sections 161.080-161.120 reserved for expansion)

562-19              SUBCHAPTER C.  POWERS OF ELECTRIC COOPERATIVE

562-20         Sec. 161.121.  GENERAL POWERS.  An electric cooperative may:

562-21               (1)  sue and be sued in its corporate name;

562-22               (2)  adopt and alter a corporate seal and use the seal

562-23   or a facsimile of the seal as required by law;

562-24               (3)  acquire, own, hold, maintain, exchange, or use

562-25   property or an interest in property, including plants, buildings,

562-26   works, machinery, supplies, equipment, apparatus, and transmission

562-27   and distribution lines or systems that are necessary, convenient,

 563-1   or useful;

 563-2               (4)  dispose of, mortgage, or lease as lessor any of

 563-3   its property or assets;

 563-4               (5)  borrow money and otherwise contract indebtedness,

 563-5   issue obligations for its indebtedness, and secure the payment of

 563-6   indebtedness by mortgage, pledge, or deed of trust on any or all of

 563-7   its property or revenue;

 563-8               (6)  accept gifts or grants of money, services, or

 563-9   property;

563-10               (7)  make any contracts necessary or convenient for the

563-11   exercise of the powers granted by this chapter;

563-12               (8)  conduct its business and have offices inside or

563-13   outside this state;

563-14               (9)  adopt and amend bylaws not inconsistent with the

563-15   articles of incorporation for the administration and regulation of

563-16   the affairs of the cooperative; and

563-17               (10)  perform any other acts for the cooperative or its

563-18   members or for another electric cooperative or its members, and

563-19   exercise any other power, that may be appropriate to accomplish the

563-20   purpose for which the cooperative is organized.  (V.A.C.S.

563-21   Art. 1528b, Sec. 4 (part).)

563-22         Sec. 161.122.  PROVISION OF RURAL ELECTRIFICATION.  An

563-23   electric cooperative may engage in rural electrification by:

563-24               (1)  furnishing electric energy to any person for

563-25   delivery to a dwelling, structure, apparatus, or point of delivery

563-26   that is:

563-27                     (A)  located in a rural area; and

 564-1                     (B)  not receiving central station service, even

 564-2   if the person is receiving central station service at other points

 564-3   of delivery;

 564-4               (2)  furnishing electric energy to a person desiring

 564-5   that service in a municipality or unincorporated city or town,

 564-6   rural or nonrural, served by the cooperative and in which central

 564-7   station service was not available at the time the cooperative began

 564-8   furnishing electric energy to the residents of the municipality or

 564-9   unincorporated city or town;

564-10               (3)  assisting in the wiring of the premises of persons

564-11   in rural areas or the acquisition, supply, or installation of

564-12   electrical or plumbing equipment in those premises; or

564-13               (4)  furnishing electric energy, wiring facilities, or

564-14   electrical or plumbing equipment or service to another electric

564-15   cooperative or to the members of another electric cooperative.

564-16   (V.A.C.S. Art. 1528b, Sec. 3 (part).)

564-17         Sec. 161.123.  POWERS RELATING TO PROVISION OF ELECTRIC

564-18   ENERGY.  An electric cooperative may:

564-19               (1)  generate, acquire, and accumulate electric energy

564-20   and transmit, distribute, sell, furnish, and dispose of that

564-21   electric energy to its members only;

564-22               (2)  assist its members only to wire their premises and

564-23   install in those premises electrical and plumbing fixtures,

564-24   machinery, supplies, apparatus, and equipment of any kind, and in

564-25   connection with those activities:

564-26                     (A)  acquire, lease, sell, distribute, install,

564-27   and repair electrical and plumbing fixtures, machinery, supplies,

 565-1   apparatus, and equipment of any kind; and

 565-2                     (B)  receive, acquire, endorse, pledge, and

 565-3   dispose of notes, bonds, and other evidences of indebtedness;

 565-4               (3)  furnish to other electric cooperatives or their

 565-5   members electric energy, wiring facilities, electrical and plumbing

 565-6   equipment, and services that are convenient or useful; and

 565-7               (4)  establish, regulate, and collect rates, fees,

 565-8   rents, or other charges for electric energy or other facilities,

 565-9   supplies, equipment, or services furnished by the electric

565-10   cooperative.  (V.A.C.S. Art. 1528b, Sec. 4 (part).)

565-11         Sec. 161.124.  PROVISION OF ELECTRIC ENERGY TO CERTAIN

565-12   NONMEMBER ENTITIES.  An electric cooperative may generate, acquire,

565-13   and accumulate electric energy and transmit, distribute, sell,

565-14   furnish, and dispose of that electric energy to any of the

565-15   following that is engaged in the generation, transmission, or

565-16   distribution of electricity:

565-17               (1)  a corporation, association, or firm;

565-18               (2)  the United States;

565-19               (3)  this state or a political subdivision of this

565-20   state; or

565-21               (4)  a municipal power agency or political subdivision

565-22   of this state that is a co-owner with the electric cooperative of

565-23   an electric generation facility.  (V.A.C.S. Art. 1528b, Sec. 4A

565-24   (part).)

565-25         Sec. 161.125.  EMINENT DOMAIN.  An electric cooperative may

565-26   exercise the power of eminent domain in the manner provided by

565-27   state law for acquiring private property for public use.  The power

 566-1   does not apply to state property or property of a political

 566-2   subdivision in this state.  (V.A.C.S.  Art. 1528b, Sec. 4 (part).)

 566-3            (Sections 161.126-161.150 reserved for expansion)

 566-4          SUBCHAPTER D.  AMENDMENT OF ARTICLES OF INCORPORATION

 566-5         Sec. 161.151.  AMENDMENT OF ARTICLES OF INCORPORATION.  (a)

 566-6   An electric cooperative may amend its articles of incorporation by

 566-7   a majority vote of the members of the cooperative present in person

 566-8   or represented by proxy at a regular meeting or at a special

 566-9   meeting of its members called for that purpose as provided by the

566-10   bylaws.

566-11         (b)  Notice of the meeting to members must state the general

566-12   nature of each proposed amendment to be presented and voted on at

566-13   the meeting.  Valid action may not be taken at the meeting unless

566-14   at least five percent of the members of the electric cooperative

566-15   either attend the meeting in person or are represented at the

566-16   meeting by proxy.

566-17         (c)  The power to amend the articles of incorporation

566-18   includes the power to accomplish any desired change in the articles

566-19   of incorporation and to include any purpose, power, or provision

566-20   that is permitted to be included in original articles of

566-21   incorporation executed at the time the amendment is made.

566-22   (V.A.C.S.  Art. 1528b, Sec. 26 (part).)

566-23         Sec. 161.152.  ARTICLES OF AMENDMENT.  (a)  Articles of

566-24   amendment of an electric cooperative must be:

566-25               (1)  signed by the president or vice president and

566-26   attested by the secretary, certifying to the amendment and its

566-27   lawful adoption; and

 567-1               (2)  executed, acknowledged, filed, and recorded in the

 567-2   same manner as the original articles of incorporation.

 567-3         (b)  An amendment takes effect when the secretary of state

 567-4   accepts the articles of amendment for filing and recording and

 567-5   issues a certificate of amendment.  The certificate of amendment is

 567-6   evidence of the filing of the amendment.

 567-7         (c)  The secretary of state shall charge and collect a fee of

 567-8   $2.50 for filing articles of amendment and issuing a certificate of

 567-9   amendment.  (V.A.C.S. Art. 1528b, Secs. 26 (part), 29 (part).)

567-10            (Sections 161.153-161.200 reserved for expansion)

567-11          SUBCHAPTER E.  CONSOLIDATION OF ELECTRIC COOPERATIVES

567-12         Sec. 161.201.  CONSOLIDATION.  (a)  Two or more electric

567-13   cooperatives may enter into an agreement to consolidate the

567-14   cooperatives.  The agreement must state:

567-15               (1)  the terms of the consolidation;

567-16               (2)  the name of the proposed consolidated cooperative;

567-17               (3)  the number of directors of the proposed

567-18   consolidated cooperative;

567-19               (4)  the time of the annual meeting and election; and

567-20               (5)  the names of at least three persons to be

567-21   directors until the first annual meeting.

567-22         (b)  A consolidation agreement may be approved only on the

567-23   votes of a majority of the members of each electric cooperative

567-24   present in person or represented by proxy at a regular meeting or

567-25   at a special meeting of its members called for that purpose.

567-26   (V.A.C.S. Art. 1528b, Sec. 27(a) (part).)

567-27         Sec. 161.202.  ARTICLES OF CONSOLIDATION.  (a)  The articles

 568-1   of consolidation must:

 568-2               (1)  conform substantially to original articles of

 568-3   incorporation of an electric cooperative; and

 568-4               (2)  be executed, acknowledged, filed, and recorded in

 568-5   the same manner as original articles of incorporation.

 568-6         (b)  The directors named in the consolidation agreement shall

 568-7   as incorporators sign and acknowledge the articles of

 568-8   consolidation.

 568-9         (c)  The secretary of state shall charge and collect a fee of

568-10   $10 for filing articles of consolidation and issuing a certificate

568-11   of consolidation.

568-12         (d)  When the secretary of state accepts the articles of

568-13   consolidation for filing and recording and issues a certificate of

568-14   consolidation, the proposed consolidated electric cooperative

568-15   described in the articles under its designated name exists as a

568-16   body corporate, with all the powers of an electric cooperative

568-17   originally organized under this chapter.  (V.A.C.S. Art. 1528b,

568-18   Secs. 27(a) (part), (b), 29 (part).)

568-19            (Sections 161.203-161.250 reserved for expansion)

568-20                       SUBCHAPTER F.  DISSOLUTION

568-21         Sec. 161.251.  DISSOLUTION.  (a)  An electric cooperative may

568-22   be dissolved by a majority vote of its members present in person or

568-23   represented by proxy at a regular meeting or at a special meeting

568-24   of its members called for that purpose.

568-25         (b)  A certificate of dissolution must be:

568-26               (1)  signed by the president or vice president and

568-27   attested by the secretary, certifying to the dissolution and

 569-1   stating that the officers have been authorized by a vote of the

 569-2   members under Subsection (a) to execute and file the certificate;

 569-3   and

 569-4               (2)  executed, acknowledged, filed, and recorded in the

 569-5   same manner as original articles of incorporation of an electric

 569-6   cooperative.

 569-7         (c)  The cooperative is dissolved when the secretary of state

 569-8   accepts the certificate of dissolution for filing and recording and

 569-9   issues a certificate of dissolution.

569-10         (d)  The secretary of state shall charge and collect a fee of

569-11   $2.50 for filing articles of dissolution.  (V.A.C.S. Art. 1528b,

569-12   Secs. 28(a), 29 (part).)

569-13         Sec. 161.252.  EXISTENCE FOLLOWING DISSOLUTION.  (a)  A

569-14   dissolved electric cooperative continues to exist to:

569-15               (1)  satisfy existing liabilities or obligations;

569-16               (2)  collect or liquidate its assets; and

569-17               (3)  take any other action required to adjust and wind

569-18   up its business and affairs.

569-19         (b)  A dissolved electric cooperative may sue and be sued in

569-20   its corporate name.  (V.A.C.S. Art. 1528b, Sec. 28(b) (part).)

569-21         Sec. 161.253.  DISTRIBUTION OF NET ASSETS ON DISSOLUTION.

569-22   Assets of a dissolved electric cooperative that remain after all

569-23   liabilities or obligations of the cooperative have been satisfied

569-24   shall be distributed pro rata to the members of the cooperative who

569-25   were members when the certificate of dissolution was filed.

569-26   (V.A.C.S. Art. 1528b, Sec. 28(b) (part).)

569-27         Sec. 161.254.  DISSOLUTION OF DEFECTIVELY INCORPORATED

 570-1   ELECTRIC COOPERATIVE.  (a)  An electric cooperative that purports

 570-2   to have been incorporated or reincorporated under this chapter but

 570-3   that has not complied with a requirement for legal corporate

 570-4   existence may file a certificate of dissolution in the same manner

 570-5   as a validly incorporated electric cooperative.

 570-6         (b)  The certificate of dissolution may be authorized by a

 570-7   majority of the incorporators or directors at a meeting called by

 570-8   an incorporator and held at the principal office of the cooperative

 570-9   named in the articles of incorporation.

570-10         (c)  The incorporator calling the meeting must give at least

570-11   10 days' notice of the meeting by mail to the last known post

570-12   office address of each incorporator or director.  (V.A.C.S.

570-13   Art. 1528b, Sec. 28(c).)

570-14            CHAPTER 162.  TELEPHONE COOPERATIVE CORPORATIONS

570-15                   SUBCHAPTER A.  GENERAL PROVISIONS 

570-16   Sec. 162.001.  SHORT TITLE 

570-17   Sec. 162.002.  PURPOSE 

570-18   Sec. 162.003.  DEFINITIONS 

570-19   Sec. 162.004.  CERTAIN CORPORATE NAMES PROHIBITED 

570-20   Sec. 162.005.  EFFECT OF RECORDING CERTAIN MORTGAGES

570-21                    EXECUTED BY TELEPHONE COOPERATIVES 

570-22   Sec. 162.006.  CONSTRUCTION STANDARDS 

570-23            (Sections 162.007-162.050 reserved for expansion)

570-24           SUBCHAPTER B.  CREATION AND OPERATION OF TELEPHONE

570-25                              COOPERATIVES 

570-26   Sec. 162.051.  INCORPORATORS 

570-27   Sec. 162.052.  DURATION OF CORPORATION 

 571-1   Sec. 162.053.  NAME OF TELEPHONE COOPERATIVE 

 571-2   Sec. 162.054.  ARTICLES OF INCORPORATION 

 571-3   Sec. 162.055.  FILING AND RECORDING OF ARTICLES OF

 571-4                    INCORPORATION 

 571-5   Sec. 162.056.  REVIVAL OF ARTICLES OF INCORPORATION 

 571-6   Sec. 162.057.  ORGANIZATIONAL MEETING 

 571-7   Sec. 162.058.  PERFECTING DEFECTIVELY ORGANIZED CORPORATIONS 

 571-8   Sec. 162.059.  NONPROFIT OPERATION 

 571-9   Sec. 162.060.  MEMBERS NOT LIABLE FOR DEBTS OF TELEPHONE

571-10                    COOPERATIVE 

571-11   Sec. 162.061.  LICENSE FEE 

571-12   Sec. 162.062.  EXEMPTION FROM EXCISE TAXES 

571-13   Sec. 162.063.  EXEMPTION FROM APPLICATION OF SECURITIES

571-14                    ACT 

571-15   Sec. 162.064.  BYLAWS 

571-16   Sec. 162.065.  MEMBERSHIP 

571-17   Sec. 162.066.  PATRONS 

571-18   Sec. 162.067.  MEETINGS OF MEMBERS 

571-19   Sec. 162.068.  NOTICE OF MEMBERS' MEETING 

571-20   Sec. 162.069.  WAIVER OF NOTICE 

571-21   Sec. 162.070.  MEMBERS' MEETING:  QUORUM AND VOTING 

571-22   Sec. 162.071.  BOARD OF DIRECTORS 

571-23   Sec. 162.072.  ELECTION OF DIRECTORS; TERMS 

571-24   Sec. 162.073.  COMPENSATION OF DIRECTORS 

571-25   Sec. 162.074.  INSURANCE FOR DIRECTORS 

571-26   Sec. 162.075.  BOARD MEETINGS; QUORUM 

571-27   Sec. 162.076.  DISTRICTS 

 572-1   Sec. 162.077.  OFFICERS, AGENTS, AND EMPLOYEES 

 572-2   Sec. 162.078.  EXECUTIVE COMMITTEE 

 572-3   Sec. 162.079.  INDEMNIFICATION 

 572-4   Sec. 162.080.  CHANGE OF LOCATION OF PRINCIPAL OFFICE 

 572-5   Sec. 162.081.  DIRECTOR, OFFICER, OR MEMBER ACTING AS

 572-6                    NOTARY 

 572-7   Sec. 162.082.  APPLICABILITY TO CORPORATIONS ORGANIZED

 572-8                    UNDER OTHER LAW 

 572-9            (Sections 162.083-162.120 reserved for expansion)

572-10             SUBCHAPTER C.  POWERS OF TELEPHONE COOPERATIVE 

572-11   Sec. 162.121.  GENERAL POWERS 

572-12   Sec. 162.122.  POWERS RELATING TO PROVISION OF

572-13                    COMMUNICATION SERVICE 

572-14   Sec. 162.123.  CONNECTION AND INTERCONNECTION OF FACILITIES 

572-15   Sec. 162.124.  EMINENT DOMAIN 

572-16   Sec. 162.125.  ENCUMBRANCE AND DISPOSITION OF PROPERTY

572-17                   WITHOUT MEMBERS' AUTHORIZATION 

572-18   Sec. 162.126.  ENCUMBRANCE, LEASE, AND DISPOSITION OF

572-19                    PROPERTY WITH MEMBERS' AUTHORIZATION 

572-20            (Sections 162.127-162.150 reserved for expansion)

572-21         SUBCHAPTER D.  AMENDMENT OF ARTICLES OF INCORPORATION 

572-22   Sec. 162.151.  AMENDMENT OF ARTICLES OF INCORPORATION 

572-23   Sec. 162.152.  PRESENTATION AND APPROVAL OF PROPOSED

572-24                    AMENDMENT 

572-25   Sec. 162.153.  ARTICLES OF AMENDMENT 

572-26   Sec. 162.154.  FILING OF ARTICLES OF AMENDMENT 

572-27            (Sections 162.155-162.200 reserved for expansion)

 573-1          SUBCHAPTER E.  CONSOLIDATION OR MERGER OF TELEPHONE 

 573-2                              COOPERATIVES 

 573-3   Sec. 162.201.  CONSOLIDATION 

 573-4   Sec. 162.202.  ARTICLES OF CONSOLIDATION 

 573-5   Sec. 162.203.  MERGER 

 573-6   Sec. 162.204.  ARTICLES OF MERGER 

 573-7   Sec. 162.205.  EFFECT OF CONSOLIDATION OR MERGER 

 573-8            (Sections 162.206-162.250 reserved for expansion)

 573-9        SUBCHAPTER F.  CONVERSION OF CORPORATION INTO TELEPHONE 

573-10                              COOPERATIVE 

573-11   Sec. 162.251.  CONVERSION OF CORPORATION INTO TELEPHONE

573-12                    COOPERATIVE 

573-13   Sec. 162.252.  ARTICLES OF CONVERSION 

573-14   Sec. 162.253.  CONSOLIDATION AND CONVERSION OF

573-15                    CORPORATIONS INTO TELEPHONE COOPERATIVE 

573-16   Sec. 162.254.  ARTICLES OF CONSOLIDATION AND CONVERSION 

573-17            (Sections 162.255-162.300 reserved for expansion)

573-18                       SUBCHAPTER G.  DISSOLUTION 

573-19   Sec. 162.301.  DISSOLUTION 

573-20   Sec. 162.302.  EXISTENCE FOLLOWING DISSOLUTION 

573-21   Sec. 162.303.  DISTRIBUTION OF NET ASSETS ON DISSOLUTION 

573-22   Sec. 162.304.  DISSOLUTION OF DEFECTIVELY INCORPORATED TELEPHONE

573-23                    COOPERATIVE 

573-24            CHAPTER 162.  TELEPHONE COOPERATIVE CORPORATIONS

573-25                    SUBCHAPTER A.  GENERAL PROVISIONS

573-26         Sec. 162.001.  SHORT TITLE.  This chapter may be cited as the

573-27   Telephone Cooperative Act.  (V.A.C.S. Art. 1528c, Sec.  1.)

 574-1         Sec. 162.002.  PURPOSE.  A cooperative, nonprofit corporation

 574-2   may be organized under this chapter to furnish communication

 574-3   service to the widest practicable number of users of that service.

 574-4   (V.A.C.S. Art. 1528c, Sec. 3.)

 574-5         Sec. 162.003.  DEFINITIONS.  In this chapter:

 574-6               (1)  "Board" means the board of directors of a

 574-7   telephone cooperative.

 574-8               (2)  "Communication service" means:

 574-9                     (A)  the transmission or reception of

574-10   information, signals, or messages by any means, including by wire,

574-11   radio, cellular radio, microwave, or fiber optics; and

574-12                     (B)  the provision of lines, facilities, and

574-13   systems used in the transmission or reception described by

574-14   Paragraph (A).

574-15               (3)  "Member" means:

574-16                     (A)  an incorporator of a telephone cooperative;

574-17   or

574-18                     (B)  a person admitted to membership in a

574-19   telephone cooperative as provided by Section 162.065.

574-20               (4)  "Patron" means a member who is eligible to receive

574-21   patronage dividends or to earn capital credits as a result of

574-22   purchasing certain services from a telephone cooperative as

574-23   provided by Section 162.066.

574-24               (5)  "Telephone cooperative" means a corporation that

574-25   is organized under this chapter or that becomes subject to this

574-26   chapter as provided by this chapter.  (V.A.C.S. Art. 1528c, Secs.

574-27   2(1), (2), (3), (6), (8).)

 575-1         Sec. 162.004.  CERTAIN CORPORATE NAMES PROHIBITED.  A

 575-2   corporation organized under the laws of this state or authorized to

 575-3   do business in this state may not use the words "telephone

 575-4   cooperative" in the corporation's name unless the corporation is

 575-5   organized under this chapter.  (V.A.C.S. Art. 1528c, Sec. 6(a)

 575-6   (part).)

 575-7         Sec. 162.005.  EFFECT OF RECORDING CERTAIN MORTGAGES EXECUTED

 575-8   BY TELEPHONE COOPERATIVES.  (a)  An instrument executed by a

 575-9   telephone cooperative or a foreign corporation doing business in

575-10   this state under this chapter that affects real and personal

575-11   property and that is recorded in the real property records of any

575-12   county in which the property is located or is to be located has the

575-13   same effect as if the instrument were also recorded as provided by

575-14   law in the proper office in that county as a mortgage of personal

575-15   property.

575-16         (b)  All after-acquired property of a telephone cooperative

575-17   or foreign corporation doing business in this state under this

575-18   chapter described by or referred to as being pledged in an

575-19   instrument to which Subsection (a) applies becomes subject to the

575-20   lien described by the instrument immediately when the cooperative

575-21   or corporation acquires the property, without regard to whether the

575-22   property existed at the time the instrument was executed.  The

575-23   execution of the instrument constitutes notice and otherwise has

575-24   the same effect with respect to after-acquired property to which

575-25   this subsection applies as it has under the laws relating to

575-26   recordation with respect to property that is owned by the

575-27   cooperative or foreign corporation at the time the instrument is

 576-1   executed and that is described in the instrument as being pledged

 576-2   by the instrument.

 576-3         (c)  After a lien on personal property under an instrument to

 576-4   which Subsection (a) applies is recorded, the lien continues in

 576-5   existence and of record for the period specified in the instrument

 576-6   without:

 576-7               (1)  the refiling of the instrument; or

 576-8               (2)  the filing of any renewal certificate, affidavit,

 576-9   or other supplemental information required by a law relating to the

576-10   renewal, maintenance, or extension of a lien on personal property.

576-11   (V.A.C.S. Art. 1528c, Sec. 25.)

576-12         Sec. 162.006.  CONSTRUCTION STANDARDS.  A telephone

576-13   cooperative that constructs communication lines or facilities must

576-14   at a minimum comply with the standards of the National Electrical

576-15   Safety Code in effect at the time of construction.  (V.A.C.S.

576-16   Art. 1528c, Sec. 26.)

576-17            (Sections 162.007-162.050 reserved for expansion)

576-18     SUBCHAPTER B.  CREATION AND OPERATION OF TELEPHONE COOPERATIVES

576-19         Sec. 162.051.  INCORPORATORS.  (a)  Three or more individuals

576-20   may act as incorporators of a telephone cooperative by executing

576-21   articles of incorporation as provided by this chapter.

576-22         (b)  An incorporator must:

576-23               (1)  be at least 21 years of age; and

576-24               (2)  reside in this state.  (V.A.C.S. Art. 1528c, Sec.

576-25   5.)

576-26         Sec. 162.052.  DURATION OF CORPORATION.  A telephone

576-27   cooperative may be created as a perpetual corporation.  (V.A.C.S.

 577-1   Art. 1528c, Secs. 4 (part), 6(a) (part).)

 577-2         Sec. 162.053.  NAME OF TELEPHONE COOPERATIVE.  The name of a

 577-3   telephone cooperative must:

 577-4               (1)  include the words "telephone" and "cooperative"

 577-5   and the abbreviation "Inc."; and

 577-6               (2)  be distinct from the name of any other corporation

 577-7   organized under the laws of or authorized to do business in this

 577-8   state.  (V.A.C.S. Art. 1528c, Sec. 6(a) (part).)

 577-9         Sec. 162.054.  ARTICLES OF INCORPORATION.  (a)  The articles

577-10   of incorporation of a telephone cooperative must:

577-11               (1)  state that the articles are executed under this

577-12   chapter;

577-13               (2)  be signed by each incorporator and acknowledged by

577-14   at least two incorporators; and

577-15               (3)  state:

577-16                     (A)  the name of the cooperative;

577-17                     (B)  the purpose for which the cooperative is

577-18   formed;

577-19                     (C)  the name and address of each incorporator;

577-20                     (D)  the number of directors;

577-21                     (E)  the address of the cooperative's principal

577-22   office and the name and address of its agent on whom process may be

577-23   served;

577-24                     (F)  the duration of the cooperative;

577-25                     (G)  the terms under which a person is admitted

577-26   to membership and retains membership in the cooperative, unless the

577-27   articles expressly state that the determination of membership

 578-1   matters is reserved to the directors by the bylaws; and

 578-2                     (H)  any provisions that the incorporators

 578-3   include for the regulation of the business and the conduct of the

 578-4   affairs of the cooperative.

 578-5         (b)  The articles of incorporation do not need to state any

 578-6   of the corporate powers enumerated in this chapter.  (V.A.C.S.

 578-7   Art. 1528c, Secs. 6(a) (part), (b).)

 578-8         Sec. 162.055.  FILING AND RECORDING OF ARTICLES OF

 578-9   INCORPORATION.  (a)  The secretary of state shall receive articles

578-10   of incorporation of a telephone cooperative if the incorporators of

578-11   the cooperative:

578-12               (1)  apply for filing the articles;

578-13               (2)  furnish satisfactory evidence of compliance with

578-14   this chapter to the secretary of state; and

578-15               (3)  pay a fee of $25.

578-16         (b)  The secretary of state shall:

578-17               (1)  file the articles of incorporation in the

578-18   secretary's office;

578-19               (2)  record the articles at length in a book to be kept

578-20   for that purpose;

578-21               (3)  retain the original articles of incorporation on

578-22   file in the secretary's office; and

578-23               (4)  issue a certificate showing the recording of the

578-24   articles of incorporation and the telephone cooperative's authority

578-25   to do business under the articles.

578-26         (c)  A copy of the articles of incorporation or of the record

578-27   of the articles, certified under the state seal, is evidence of the

 579-1   creation of the telephone cooperative.

 579-2         (d)  The existence of the telephone cooperative dates from

 579-3   the filing of the articles in the office of the secretary of state.

 579-4   The certificate of the secretary of state is evidence of that

 579-5   filing.  (V.A.C.S. Art. 1528c, Secs. 7, 28 (part).)

 579-6         Sec. 162.056.  REVIVAL OF ARTICLES OF INCORPORATION.  (a)  If

 579-7   the articles of incorporation of a telephone cooperative expire by

 579-8   limitation, the cooperative, with the consent of a majority of its

 579-9   members, may revive the articles by filing:

579-10               (1)  new articles of incorporation under this chapter;

579-11   and

579-12               (2)  a certified copy of the expired original articles.

579-13         (b)  A telephone cooperative that revives its articles of

579-14   incorporation has all the privileges, immunities, and rights of

579-15   property exercised and held by the cooperative at the time the

579-16   original articles expired.

579-17         (c)  New articles of incorporation filed under this section

579-18   must recite the privileges, immunities, and rights of property

579-19   exercised and held by the cooperative at the time the original

579-20   articles expired.  (V.A.C.S. Art. 1528c, Sec. 8.)

579-21         Sec. 162.057.  ORGANIZATIONAL MEETING.  (a)  After the

579-22   certificate of incorporation is issued, the incorporators of a

579-23   telephone cooperative shall meet to adopt bylaws, elect officers,

579-24   and transact other business that properly comes before the meeting.

579-25         (b)  A majority of the incorporators shall call the

579-26   organizational meeting.

579-27         (c)  The incorporators calling the organizational meeting

 580-1   shall give at least three days' notice of the meeting by mail to

 580-2   each incorporator.  The notice must state the time and place of the

 580-3   meeting.  The notice may be waived in writing.  (V.A.C.S.

 580-4   Art. 1528c, Sec. 9.)

 580-5         Sec. 162.058.  PERFECTING DEFECTIVELY ORGANIZED CORPORATIONS.

 580-6   (a)  A telephone cooperative that files defective articles of

 580-7   incorporation or fails to take an action necessary to perfect its

 580-8   corporate organization may:

 580-9               (1)  file corrected articles of incorporation or amend

580-10   the original articles; and

580-11               (2)  take any action necessary to correct the defect.

580-12         (b)  An action taken under this section is valid and binding

580-13   on any person concerned.  (V.A.C.S. Art. 1528c, Sec.  32.)

580-14         Sec. 162.059.  NONPROFIT OPERATION.  (a)  A telephone

580-15   cooperative shall be operated on a nonprofit basis for the mutual

580-16   benefit of its members and patrons.

580-17         (b)  A cooperative's bylaws and its contracts with members

580-18   and patrons must contain appropriate provisions relating to the

580-19   disposition of revenues and receipts to establish and maintain the

580-20   cooperative's nonprofit and cooperative character.  (V.A.C.S.

580-21   Art. 1528c, Sec. 22.)

580-22         Sec. 162.060.  MEMBERS NOT LIABLE FOR DEBTS OF TELEPHONE

580-23   COOPERATIVE.  A member is not liable for a debt of a telephone

580-24   cooperative, and the member's property is not subject to execution

580-25   for that debt.  (V.A.C.S. Art. 1528c, Sec. 24.)

580-26         Sec. 162.061.  LICENSE FEE.  Not later than July 1 of each

580-27   year, each telephone cooperative doing business in this state shall

 581-1   pay to the secretary of state a fee of $10.  (V.A.C.S.  Art. 1528c,

 581-2   Sec. 29 (part).)

 581-3         Sec. 162.062.  EXEMPTION FROM EXCISE TAXES.  A telephone

 581-4   cooperative doing business in this state is exempt from all excise

 581-5   taxes but is exempt from the franchise tax imposed by Chapter 171,

 581-6   Tax Code, only if the cooperative is exempted by that chapter.

 581-7   (V.A.C.S.  Art. 1528c, Sec. 29 (part).)

 581-8         Sec. 162.063.  EXEMPTION FROM APPLICATION OF SECURITIES ACT.

 581-9   The Securities Act (Article 581-1 et seq., Vernon's Texas Civil

581-10   Statutes) does not apply to:

581-11               (1)  a note, bond, or other evidence of indebtedness

581-12   issued by a telephone cooperative doing business in this state to

581-13   the United States;

581-14               (2)  an instrument executed to secure a debt of a

581-15   telephone cooperative to the United States; or

581-16               (3)  the issuance of a membership certificate by a

581-17   telephone cooperative or a foreign corporation doing business in

581-18   this state under this chapter.  (V.A.C.S. Art. 1528c, Sec. 31.)

581-19         Sec. 162.064.  BYLAWS.  (a)  The board shall adopt the

581-20   initial bylaws of a telephone cooperative to be adopted following:

581-21               (1)  an incorporation;

581-22               (2)  a consolidation; or

581-23               (3)  an amendment by an existing cooperative,

581-24   corporation, or association of its articles of incorporation as

581-25   provided by Section 162.082.

581-26         (b)  After the initial bylaws are adopted, the members may

581-27   adopt, amend, or repeal the bylaws by the affirmative vote of a

 582-1   majority of those members voting on the question at a meeting of

 582-2   the members.

 582-3         (c)  The bylaws may contain any provision for the regulation

 582-4   and management of the affairs of the telephone cooperative that is

 582-5   consistent with the articles of incorporation.  (V.A.C.S.

 582-6   Art. 1528c, Sec. 10.)

 582-7         Sec. 162.065.  MEMBERSHIP.  (a)  Each incorporator of a

 582-8   telephone cooperative is a member of the cooperative.  A person

 582-9   other than an incorporator may become a member of a telephone

582-10   cooperative only if the person agrees to use communication service

582-11   furnished by the cooperative when that service is made available

582-12   through the cooperative's facilities.  The bylaws may prescribe

582-13   additional qualifications and limitations with respect to

582-14   membership.

582-15         (b)  Membership in a telephone cooperative is evidenced by a

582-16   certificate of membership.  A membership certificate must contain

582-17   the provisions, consistent with this chapter and the articles of

582-18   incorporation, that are prescribed by the cooperative's bylaws.  A

582-19   certificate may be transferred only as provided by the bylaws.

582-20         (c)  A telephone cooperative may become a member of another

582-21   telephone cooperative and may fully use the facilities and services

582-22   of that cooperative.  (V.A.C.S. Art. 1528c, Sec. 11(a).)

582-23         Sec. 162.066.  PATRONS.  (a)  A member is a patron of a

582-24   telephone cooperative if the member purchases local

582-25   telecommunications service or toll telecommunications service or

582-26   pays end user access charges in the ordinary course of business of

582-27   the cooperative.

 583-1         (b)  The use of interexchange access, payment of

 583-2   interexchange access fees or settlements, or purchase of equipment

 583-3   does not qualify a member or other person as a patron.  (V.A.C.S.

 583-4   Art. 1528c, Sec. 11(b).)

 583-5         Sec. 162.067.  MEETINGS OF MEMBERS.  (a)  A telephone

 583-6   cooperative shall hold an annual meeting of members at the time and

 583-7   place provided by the bylaws.  Failure to hold the annual meeting

 583-8   at the designated time does not result in forfeiture or dissolution

 583-9   of the cooperative.

583-10         (b)  A special meeting of the members may be called by:

583-11               (1)  the president;

583-12               (2)  the board;

583-13               (3)  any three directors; or

583-14               (4)  the lesser of:

583-15                     (A)  200 members; or

583-16                     (B)  10 percent of all the members.  (V.A.C.S.

583-17   Art. 1528c, Secs. 12(a), (b).)

583-18         Sec. 162.068.  NOTICE OF MEMBERS' MEETING.  (a)  Except as

583-19   otherwise provided by this chapter, written notice of each meeting

583-20   of the members shall be given to each member, either personally or

583-21   by mail, not earlier than the 25th day or later than the 10th day

583-22   before the date of the meeting.

583-23         (b)  The notice must state the time and place of the meeting

583-24   and, in the case of a special meeting, each purpose for which the

583-25   meeting is called.

583-26         (c)  A notice that is mailed is considered to have been given

583-27   when the notice is deposited in the United States mail with postage

 584-1   prepaid addressed to the member at the member's address as it

 584-2   appears on the records of the telephone cooperative.  (V.A.C.S.

 584-3   Art. 1528c, Sec. 12(c).)

 584-4         Sec. 162.069.  WAIVER OF NOTICE.  A person entitled to notice

 584-5   of a meeting may waive notice in writing either before or after the

 584-6   meeting.  If a person entitled to notice of a meeting attends the

 584-7   meeting, the person's attendance constitutes a waiver of notice of

 584-8   the meeting, unless the person participates in the meeting solely

 584-9   to object to the transaction of business because the meeting is not

584-10   legally called or convened.  (V.A.C.S. Art. 1528c, Sec. 13.)

584-11         Sec. 162.070.  MEMBERS' MEETING:  QUORUM AND VOTING.  (a)

584-12   Unless the bylaws prescribe a greater percentage or number of

584-13   members for a quorum, a quorum at a meeting of the members of a

584-14   telephone cooperative is the personal presence of:

584-15               (1)  10 percent of all members, if the cooperative has

584-16   500 or fewer members; or

584-17               (2)  the greater of 50 members or two percent of all

584-18   members, if the cooperative has more than 500 members.

584-19         (b)  If fewer than a quorum are present at a meeting, a

584-20   majority of the members present in person may adjourn the meeting

584-21   from time to time without further notice.

584-22         (c)  Each member present at a meeting of the members is

584-23   entitled to one vote on each matter submitted to a vote at the

584-24   meeting.  Voting must be in person unless the bylaws provide for

584-25   voting by mail.  (V.A.C.S. Art. 1528c, Secs. 12(d), (e).)

584-26         Sec. 162.071.  BOARD OF DIRECTORS.  (a)  A board of at least

584-27   five directors shall manage the business of a telephone

 585-1   cooperative.  Each director must be a member of the cooperative.

 585-2   The bylaws must prescribe the number of directors and their

 585-3   qualifications other than those prescribed by this chapter.

 585-4         (b)  The board may exercise any power of a telephone

 585-5   cooperative not conferred on the members by this chapter or by the

 585-6   cooperative's articles of incorporation or bylaws.  (V.A.C.S.

 585-7   Art. 1528c, Secs. 6(a) (part), 14(a) (part), (e).)

 585-8         Sec. 162.072.  ELECTION OF DIRECTORS; TERMS.  (a)  The

 585-9   incorporators of a telephone cooperative named in the articles of

585-10   incorporation shall serve as directors and hold office until the

585-11   first annual meeting of the members and until their successors are

585-12   elected and qualify.

585-13         (b)  At each annual meeting or, in the case of failure to

585-14   hold the annual meeting as specified in the bylaws, at a special

585-15   meeting called for that purpose, the members shall elect directors

585-16   to hold office until the next annual members' meeting, except as

585-17   otherwise provided by this chapter.  Except as provided by

585-18   Subsection (e), each director holds office for the term for which

585-19   the person is elected and until the person's successor is elected

585-20   and qualifies.

585-21         (c)  Instead of electing all the directors annually, the

585-22   bylaws may provide that the directors, other than those named in

585-23   the articles of incorporation to serve until the first annual

585-24   meeting of the members, are elected by the members for a term of

585-25   two years or three years.  The terms must be set so that:

585-26               (1)  one-half of the directors, as nearly as possible,

585-27   are elected annually, if a two-year term is provided; or

 586-1               (2)  one-third of the directors, as nearly as possible,

 586-2   are elected annually, if a three-year term is provided.

 586-3         (d)  After the implementation of two-year or three-year terms

 586-4   for directors, as directors' terms expire, the members shall elect

 586-5   their successors to serve until the second or third succeeding

 586-6   annual meeting after their election, as appropriate.

 586-7         (e)  The bylaws must prescribe the manner of electing a

 586-8   successor to a director who resigns, dies, or otherwise becomes

 586-9   incapable of acting.  The bylaws may provide for the removal of a

586-10   director from office and for the election of the director's

586-11   successor.  (V.A.C.S. Art. 1528c, Secs. 6(a) (part), 14(a) (part),

586-12   (b), (c).)

586-13         Sec. 162.073.  COMPENSATION OF DIRECTORS.  (a)  A director

586-14   may not receive a salary for services as a director.  Except in an

586-15   emergency, a director may not receive a salary for services in a

586-16   capacity other than director without the approval of the members.

586-17         (b)  The bylaws may:

586-18               (1)  prescribe a fixed fee for attendance at each board

586-19   meeting, committee meeting, industry-related conference approved by

586-20   the board, or training program; and

586-21               (2)  provide for reimbursement of actual expenses of

586-22   attendance or a reasonable per diem.  (V.A.C.S. Art. 1528c, Sec.

586-23   14(a) (part).)

586-24         Sec. 162.074.  INSURANCE FOR DIRECTORS.  A telephone

586-25   cooperative may provide liability, accident, life, and health

586-26   insurance coverage for a director who chooses to have that

586-27   coverage.  (V.A.C.S. Art. 1528c, Sec. 14(a) (part).)

 587-1         Sec. 162.075.  BOARD MEETINGS; QUORUM.  (a)  The bylaws shall

 587-2   prescribe the manner of holding board meetings.

 587-3         (b)  A majority of the directors is a quorum.  (V.A.C.S.

 587-4   Art. 1528c, Secs. 14(a) (part), (d).)

 587-5         Sec. 162.076.  DISTRICTS.  (a)  The bylaws may provide for

 587-6   the territory served or to be served by a telephone cooperative to

 587-7   be divided into two or more districts for any purpose, including

 587-8   the nomination and election of directors and the election and

 587-9   functioning of district delegates.

587-10         (b)  The bylaws must prescribe:

587-11               (1)  the boundaries of each district or the manner of

587-12   establishing a district's boundaries;

587-13               (2)  the manner of changing a district's boundaries;

587-14   and

587-15               (3)  the manner in which each district functions.

587-16         (c)  District delegates may nominate and elect directors.  A

587-17   district delegate must be a member.

587-18         (d)  A member may not vote by proxy or by mail at a district

587-19   meeting.

587-20         (e)  A district delegate may not vote by proxy or by mail at

587-21   any meeting.  (V.A.C.S. Art. 1528c, Sec. 15.)

587-22         Sec. 162.077.  OFFICERS, AGENTS, AND EMPLOYEES.  (a)  The

587-23   board of a telephone cooperative shall annually elect from the

587-24   board's membership a president, a vice president, a secretary, and

587-25   a treasurer.

587-26         (b)  An officer who ceases to be a director ceases to hold

587-27   office.

 588-1         (c)  The same person may hold the offices of secretary and of

 588-2   treasurer.

 588-3         (d)  The board may also elect or appoint other officers,

 588-4   agents, or employees as the board considers appropriate and shall

 588-5   prescribe the powers and duties of those persons.

 588-6         (e)  An officer may be removed from office and a successor

 588-7   elected in the manner prescribed by the bylaws.  (V.A.C.S.

 588-8   Art. 1528c, Sec. 16.)

 588-9         Sec. 162.078.  EXECUTIVE COMMITTEE.  (a)  The bylaws of a

588-10   telephone cooperative may authorize the board to elect an executive

588-11   committee from the board's membership.

588-12         (b)  The board may delegate to the executive committee the

588-13   management of the current and ordinary business of the cooperative

588-14   and other duties as prescribed by the bylaws.

588-15         (c)  The designation of an executive committee and the

588-16   delegation of authority to the committee does not relieve the board

588-17   or any director of a responsibility imposed on the board or the

588-18   director by this chapter.  (V.A.C.S. Art. 1528c, Sec. 17.)

588-19         Sec. 162.079.  INDEMNIFICATION.  Article 2.22A, Texas

588-20   Non-Profit Corporation Act (Article 1396-2.22A, Vernon's Texas

588-21   Civil Statutes), applies to a telephone cooperative in the same

588-22   manner as if the cooperative were formed under the Texas Non-Profit

588-23   Corporation Act.  (V.A.C.S. Art. 1528c, Sec. 4A.)

588-24         Sec. 162.080.  CHANGE OF LOCATION OF PRINCIPAL OFFICE.

588-25   (a)  A telephone cooperative may, with the authorization of the

588-26   board or the members, change the location of its principal office

588-27   by filing a certificate reciting the change of principal office

 589-1   with the secretary of state.

 589-2         (b)  The cooperative's president or vice president must

 589-3   execute and acknowledge the certificate under the cooperative's

 589-4   seal as attested by the secretary.

 589-5         (c)  The secretary of state shall charge and collect a fee of

 589-6   $5 for filing a certificate of change of principal office.

 589-7   (V.A.C.S.  Art. 1528c, Secs. 19, 28 (part).)

 589-8         Sec. 162.081.  DIRECTOR, OFFICER, OR MEMBER ACTING AS NOTARY.

 589-9   A person who is an officer, director, or member of a telephone

589-10   cooperative and who is authorized to take acknowledgments under

589-11   state law is not disqualified because of the person's association

589-12   with the cooperative from taking an acknowledgment of an instrument

589-13   executed in favor of the cooperative or to which the cooperative is

589-14   a party.  (V.A.C.S. Art. 1528c, Sec. 27.)

589-15         Sec. 162.082.  APPLICABILITY TO CORPORATIONS ORGANIZED UNDER

589-16   OTHER LAW.  A cooperative or nonprofit corporation or association

589-17   organized under any other law of this state for the purpose of

589-18   furnishing communication service may, by a majority vote of the

589-19   members present in person at a meeting called for that purpose,

589-20   amend its articles of incorporation to comply with this chapter.

589-21   (V.A.C.S. Art. 1528c, Sec. 33.)

589-22            (Sections 162.083-162.120 reserved for expansion)

589-23             SUBCHAPTER C.  POWERS OF TELEPHONE COOPERATIVE

589-24         Sec. 162.121.  GENERAL POWERS.  A telephone cooperative may:

589-25               (1)  sue and be sued in its corporate name;

589-26               (2)  adopt and alter a corporate seal and use the seal

589-27   or a facsimile of the seal as required by law;

 590-1               (3)  construct, acquire, lease, improve, install,

 590-2   equip, maintain, and operate, and, subject to Sections 162.125 and

 590-3   162.126, dispose of, lease, or encumber, communication lines,

 590-4   facilities or systems, lands, structures, plants and equipment,

 590-5   exchanges, and other property, considered  appropriate to

 590-6   accomplish the purpose for which the cooperative is organized;

 590-7               (4)  issue membership certificates as provided by this

 590-8   chapter;

 590-9               (5)  borrow money and otherwise contract indebtedness,

590-10   issue or guarantee notes, bonds, and other evidences of

590-11   indebtedness, and secure the payment of indebtedness by pledge or

590-12   other encumbrance on any or all of its property or revenue;

590-13               (6)  conduct its business and exercise its powers

590-14   inside or outside this state;

590-15               (7)  adopt, amend, and repeal bylaws;

590-16               (8)  make any contracts appropriate for the full

590-17   exercise of the powers granted by this chapter; and

590-18               (9)  perform any other acts and exercise any other

590-19   power that may be appropriate to accomplish the purpose for which

590-20   the cooperative is organized.  (V.A.C.S. Art. 1528c, Sec. 4

590-21   (part).)

590-22         Sec. 162.122.  POWERS RELATING TO PROVISION OF COMMUNICATION

590-23   SERVICE.  (a)  A telephone cooperative may:

590-24               (1)  furnish and improve communication service to its

590-25   members, to governmental agencies and political subdivisions, to

590-26   any number of subscribers of other communication systems through

590-27   interconnection of facilities, and to any number of users through

 591-1   pay stations;

 591-2               (2)  connect and interconnect its communication lines,

 591-3   facilities, or systems with other communication lines, facilities,

 591-4   or systems;

 591-5               (3)  make its facilities available to persons

 591-6   furnishing communication service inside or outside this state; and

 591-7               (4)  construct, maintain, and operate a communication

 591-8   line along, on, under, or across publicly owned land or a public

 591-9   thoroughfare, subject to the same restrictions and obligations that

591-10   apply to an electric transmission cooperative under Subchapter C,

591-11   Chapter 181.

591-12         (b)  A telephone cooperative that acquires communication

591-13   facilities may continue to furnish service to a person who is

591-14   already receiving service from those facilities without requiring

591-15   the person to become a member, but the person may become a member

591-16   on the terms prescribed by the bylaws.  (V.A.C.S. Art. 1528c, Sec.

591-17   4 (part).)

591-18         Sec. 162.123.  CONNECTION AND INTERCONNECTION OF FACILITIES.

591-19   A telephone cooperative doing business in this state may require a

591-20   person furnishing communication service to the public in this state

591-21   to interconnect that person's lines, facilities, or systems with,

591-22   or otherwise make available those lines, facilities, or systems to,

591-23   the cooperative's communication lines, facilities, or systems to

591-24   provide a continuous line of communication for the cooperative's

591-25   subscribers.  (V.A.C.S. Art. 1528c, Sec. 30 (part).)

591-26         Sec. 162.124.  EMINENT DOMAIN.  A telephone cooperative may

591-27   exercise the power of eminent domain in the manner provided by

 592-1   state law for the exercise of that power by other corporations

 592-2   constructing or operating communication lines, facilities, or

 592-3   systems.  (V.A.C.S. Art. 1528c, Sec. 4 (part).)

 592-4         Sec. 162.125.  ENCUMBRANCE AND DISPOSITION OF PROPERTY

 592-5   WITHOUT MEMBERS' AUTHORIZATION.  (a)  The board of a telephone

 592-6   cooperative may, without authorization of the members, authorize

 592-7   the execution and delivery of a mortgage or deed of trust of or the

 592-8   encumbering of any property of the cooperative, including property

 592-9   to be acquired and the revenues from property of the cooperative,

592-10   to secure any indebtedness of the cooperative to the United States

592-11   or any lending institution licensed by the United States or a

592-12   state.

592-13         (b)  A mortgage or deed of trust described by Subsection (a)

592-14   is exempt from a tax for recording the instrument.  (V.A.C.S.

592-15   Art. 1528c, Sec. 23(a).)

592-16         Sec. 162.126.  ENCUMBRANCE, LEASE, AND DISPOSITION OF

592-17   PROPERTY WITH MEMBERS' AUTHORIZATION.  (a)  Except as provided by

592-18   Section 162.125, a telephone cooperative may not dispose of, lease,

592-19   or encumber all or a major portion of its property unless the

592-20   disposition, lease, or encumbrance is authorized by the affirmative

592-21   vote of at least two-thirds of all the members of the cooperative.

592-22         (b)  The board may, on the authorization of two-thirds of all

592-23   the members of the cooperative at a members' meeting, dispose of or

592-24   lease all or a major portion of its property to:

592-25               (1)  another telephone cooperative;

592-26               (2)  a foreign corporation doing business in this state

592-27   under this chapter; or

 593-1               (3)  the holder of a note, bond, or other evidence of

 593-2   indebtedness issued to the United States or to a lending

 593-3   institution licensed by the United States or a state.

 593-4         (c)  The notice of a meeting at which a disposition or lease

 593-5   under Subsection (b) is to be considered must state the proposed

 593-6   action.  (V.A.C.S. Art. 1528c, Sec. 23(b).)

 593-7            (Sections 162.127-162.150 reserved for expansion)

 593-8          SUBCHAPTER D.  AMENDMENT OF ARTICLES OF INCORPORATION

 593-9         Sec. 162.151.  AMENDMENT OF ARTICLES OF INCORPORATION.  A

593-10   telephone cooperative may amend its articles of incorporation in

593-11   accordance with this subchapter.  (V.A.C.S. Art. 1528c, Sec. 18

593-12   (part).)

593-13         Sec. 162.152.  PRESENTATION AND APPROVAL OF PROPOSED

593-14   AMENDMENT.  (a)  A proposed amendment to the articles of

593-15   incorporation must be presented to a meeting of the members.  The

593-16   notice of the meeting must state the proposed amendment or must

593-17   have the proposed amendment attached to it.

593-18         (b)  A proposed amendment, with any changes, may be approved

593-19   only on the affirmative vote of at least two-thirds of the members

593-20   voting on the question at the meeting.  (V.A.C.S. Art. 1528c, Sec.

593-21   18 (part).)

593-22         Sec. 162.153.  ARTICLES OF AMENDMENT.  (a)  The president or

593-23   vice president, on behalf of the telephone cooperative, shall

593-24   execute and acknowledge the approved articles of amendment.  The

593-25   cooperative's seal must be affixed to the articles of amendment and

593-26   attested by its secretary.

593-27         (b)  The articles of amendment must state:

 594-1               (1)  that the articles of amendment are executed under

 594-2   this chapter;

 594-3               (2)  the name of the telephone cooperative;

 594-4               (3)  the address of the cooperative's principal office;

 594-5   and

 594-6               (4)  the amendment to the articles of incorporation.

 594-7         (c)  The president or vice president executing the articles

 594-8   of amendment shall make and attach to the articles an affidavit

 594-9   stating that the cooperative complied with this subchapter with

594-10   respect to the amendment set forth in the articles.  (V.A.C.S.

594-11   Art. 1528c, Sec. 18 (part).)

594-12         Sec. 162.154.  FILING OF ARTICLES OF AMENDMENT.  (a)

594-13   Articles of amendment shall be filed with the secretary of state in

594-14   the same manner as the original articles of incorporation.

594-15         (b)  The secretary of state shall charge and collect a fee of

594-16   $25 for filing articles of amendment.  (V.A.C.S. Art. 1528c, Secs.

594-17   18 (part), 28 (part).)

594-18            (Sections 162.155-162.200 reserved for expansion)

594-19           SUBCHAPTER E.  CONSOLIDATION OR MERGER OF TELEPHONE

594-20                              COOPERATIVES

594-21         Sec. 162.201.  CONSOLIDATION.  (a)  Two or more telephone

594-22   cooperatives may enter into an agreement to consolidate the

594-23   cooperatives.  The agreement must state:

594-24               (1)  the terms of the consolidation;

594-25               (2)  the name of the proposed consolidated cooperative;

594-26               (3)  the number of directors of the proposed

594-27   consolidated cooperative;

 595-1               (4)  the time of the annual meeting and election; and

 595-2               (5)  the names of at least five persons to be directors

 595-3   until the first annual meeting.

 595-4         (b)  A consolidation agreement may be approved only on the

 595-5   votes of a majority of the members of each telephone cooperative at

 595-6   a regular meeting or at a special meeting of its members called for

 595-7   that purpose.

 595-8         (c)  Telephone cooperatives may not consolidate for the

 595-9   purpose of duplicating the facilities of another communication

595-10   company where the other communication company is giving or is

595-11   willing to give reasonably adequate communication service.

595-12   (V.A.C.S. Art. 1528c, Secs. 20(a) (part), (b) (part).)

595-13         Sec. 162.202.  ARTICLES OF CONSOLIDATION.  (a)  The articles

595-14   of consolidation must:

595-15               (1)  conform substantially to original articles of

595-16   incorporation of a telephone cooperative; and

595-17               (2)  be executed, acknowledged, filed, and recorded in

595-18   the same manner as original articles of incorporation.

595-19         (b)  The directors named in the consolidation agreement shall

595-20   as incorporators sign and acknowledge the articles of

595-21   consolidation.

595-22         (c)  The secretary of state shall charge and collect a fee of

595-23   $50 for filing articles of consolidation.

595-24         (d)  When the secretary of state accepts the articles of

595-25   consolidation for filing and recording and issues a certificate of

595-26   consolidation, the proposed consolidated telephone cooperative

595-27   described in the articles under its designated name exists as a

 596-1   body corporate, with all the powers of a telephone cooperative

 596-2   originally organized under this chapter.  (V.A.C.S. Art. 1528c,

 596-3   Secs. 20(a) (part), (b) (part), 28 (part).)

 596-4         Sec. 162.203.  MERGER.  (a)  One or more telephone

 596-5   cooperatives may merge into another cooperative as provided by this

 596-6   section and Section 162.204.

 596-7         (b)  The proposition for the merger and proposed articles of

 596-8   merger must be submitted at a meeting of the members of each

 596-9   merging cooperative and the surviving cooperative.  A copy of the

596-10   proposed articles of merger must be attached to the notice of each

596-11   meeting.

596-12         (c)  A proposed merger and proposed articles of merger, with

596-13   any amendments, may be approved only on the affirmative vote of at

596-14   least two-thirds of the members of each cooperative voting on the

596-15   proposed merger and articles.  (V.A.C.S. Art. 1528c, Secs.  20A(a),

596-16   (b), (c) (part).)

596-17         Sec. 162.204.  ARTICLES OF MERGER.  (a)  The president or

596-18   vice president of each telephone cooperative, on behalf of the

596-19   telephone cooperative, shall execute and acknowledge the approved

596-20   articles of merger.  The cooperative's seal must be affixed to the

596-21   articles of merger and attested by its secretary.

596-22         (b)  The articles of merger must state:

596-23               (1)  that they are executed under this chapter;

596-24               (2)  the name of each merging cooperative and the

596-25   address of its principal office;

596-26               (3)  the name of the surviving cooperative and the

596-27   address of its principal office;

 597-1               (4)  that each merging cooperative and the surviving

 597-2   cooperative agree to the merger;

 597-3               (5)  the name and address of each director of the

 597-4   surviving cooperative;

 597-5               (6)  the terms of the merger and the manner in which

 597-6   the merger will be carried out, including the manner in which

 597-7   members of the merging cooperatives become or may become members of

 597-8   the surviving cooperative;

 597-9               (7)  the duration of the surviving cooperative; and

597-10               (8)  the purpose for which the surviving cooperative is

597-11   formed.

597-12         (c)  The articles of merger may contain any provision

597-13   consistent with this chapter considered appropriate for the conduct

597-14   of the business of the surviving cooperative.  The president or

597-15   vice president of each cooperative executing the articles of merger

597-16   shall make and attach to the articles an affidavit stating that the

597-17   cooperative complied with this subchapter with respect to the

597-18   articles.

597-19         (d)  The original and a copy of the articles of merger shall

597-20   be delivered to the secretary of state.  If the secretary of state

597-21   finds that the articles conform to law, the secretary of state, on

597-22   payment of a fee of $50, shall:

597-23               (1)  file and record the articles of merger;

597-24               (2)  issue a certificate of merger; and

597-25               (3)  attach to the certificate of merger the copy of

597-26   the articles of merger and deliver the certificate and attached

597-27   copy to the surviving cooperative or its representative.  (V.A.C.S.

 598-1   Art. 1528c, Secs. 20A(c) (part), (d), (e), (f), 28 (part).)

 598-2         Sec. 162.205.  EFFECT OF CONSOLIDATION OR MERGER.  (a)  In a

 598-3   consolidation the existence of each telephone cooperative ceases

 598-4   and the articles of consolidation are considered to be the articles

 598-5   of incorporation of the new cooperative.  In a merger the separate

 598-6   existence of each merging telephone cooperative ceases and the

 598-7   articles of incorporation of the surviving cooperative are

 598-8   considered to be amended to the extent, if any, that amendment is

 598-9   provided for in the articles of merger.

598-10         (b)  All the rights, privileges, immunities, property, and

598-11   applications for membership of each of the consolidating or merging

598-12   cooperatives are transferred to and vested in the new or surviving

598-13   cooperative, except that this chapter does not relieve a

598-14   cooperative of the obligation to comply with the applicable

598-15   provisions of Title 2.

598-16         (c)  The new or surviving cooperative is liable for all the

598-17   liabilities and obligations of the consolidating or merging

598-18   cooperatives.  A claim existing or action or proceeding pending by

598-19   or against a consolidating or merging cooperative may be prosecuted

598-20   as if the consolidation or merger had not taken place, and the new

598-21   or surviving cooperative may be substituted in the place of the

598-22   consolidating or merging cooperative.  The consolidation or merger

598-23   does not impair the rights of  creditors of or liens on the

598-24   property of a consolidating or merging cooperative.  (V.A.C.S.

598-25   Art. 1528c, Sec. 20B.)

598-26            (Sections 162.206-162.250 reserved for expansion)

598-27         SUBCHAPTER F.  CONVERSION OF CORPORATION INTO TELEPHONE

 599-1                               COOPERATIVE

 599-2         Sec. 162.251.  CONVERSION OF CORPORATION INTO TELEPHONE

 599-3   COOPERATIVE.  (a)  A corporation organized under the laws of this

 599-4   state that furnishes or is authorized to furnish communication

 599-5   service may be converted into a telephone cooperative in accordance

 599-6   with this subchapter.  On conversion, the corporation is subject to

 599-7   this chapter as if it had been originally organized under this

 599-8   chapter.

 599-9         (b)  The proposition for the conversion and proposed articles

599-10   of conversion must be submitted at a meeting of the members or

599-11   stockholders of the corporation or, in the case of a corporation

599-12   that does not have members or stockholders, at a meeting of the

599-13   incorporators of the corporation.  A copy of the proposed articles

599-14   of conversion must be attached to the notice of the meeting.

599-15         (c)  A proposed conversion and proposed articles of

599-16   conversion, with any amendments, may be approved only on the

599-17   affirmative vote of:

599-18               (1)  at least two-thirds of the members of the

599-19   corporation voting on the proposed conversion and articles;

599-20               (2)  the holders of at least two-thirds of the shares

599-21   of the capital stock of the corporation represented at the meeting

599-22   and voting on the proposition and articles, if the corporation is a

599-23   stock corporation; or

599-24               (3)  at least two-thirds of the corporation's

599-25   incorporators, if the corporation does not have members or

599-26   outstanding shares of capital stock.  (V.A.C.S. Art. 1528c, Secs.

599-27   20C(a), (b), (c) (part).)

 600-1         Sec. 162.252.  ARTICLES OF CONVERSION.  (a)  The president or

 600-2   vice president, on behalf of the corporation, shall execute and

 600-3   acknowledge the approved articles of conversion.   The

 600-4   corporation's seal must be affixed to the articles and attested by

 600-5   its secretary.

 600-6         (b)  The articles of conversion must state:

 600-7               (1)  that they are executed under this chapter;

 600-8               (2)  the name of the corporation and the address of its

 600-9   principal office before its conversion into a telephone

600-10   cooperative;

600-11               (3)  the law under which the corporation was organized;

600-12               (4)  that the corporation elects to become a

600-13   cooperative, nonprofit corporation subject to this chapter;

600-14               (5)  the corporation's name as a cooperative;

600-15               (6)  the address of the principal office of the

600-16   cooperative;

600-17               (7)  the name and address of each director of the

600-18   cooperative;

600-19               (8)  the manner in which a member, stockholder, or

600-20   incorporator of the corporation becomes or may become a member of

600-21   the cooperative;

600-22               (9)  the duration of the cooperative; and

600-23               (10)  the purpose for which the cooperative is formed.

600-24         (c)  The articles of conversion may contain any provision

600-25   consistent with this chapter considered appropriate for the conduct

600-26   of the business of the cooperative.  The president or vice

600-27   president executing the articles of conversion shall make and

 601-1   attach to the articles an affidavit stating that the corporation

 601-2   complied with this section with respect to the articles.  The

 601-3   articles of conversion are considered to be the articles of

 601-4   incorporation of the cooperative.

 601-5         (d)  The original and a copy of the articles of conversion

 601-6   shall be delivered to the secretary of state.  If the secretary of

 601-7   state finds that the articles conform to law, the secretary of

 601-8   state, on payment of a fee of $50, shall:

 601-9               (1)  file and record the articles of conversion;

601-10               (2)  issue a certificate of conversion; and

601-11               (3)  attach to the certificate of conversion the copy

601-12   of the articles of conversion and deliver the certificate and

601-13   attached copy to the cooperative or its representative.  (V.A.C.S.

601-14   Art. 1528c, Secs. 20C(c) (part), (d), (e), (f), 28 (part).)

601-15         Sec. 162.253.  CONSOLIDATION AND CONVERSION OF CORPORATIONS

601-16   INTO TELEPHONE COOPERATIVE.  (a)  Two or more corporations

601-17   organized under the laws of this state that furnish or are

601-18   authorized to furnish communication service may, if otherwise

601-19   permitted to consolidate under state law, consolidate and convert

601-20   into a telephone cooperative in accordance with this subchapter.

601-21   On consolidation and conversion, the new cooperative is subject to

601-22   this chapter as if it had been originally organized under this

601-23   chapter.

601-24         (b)  The proposition for the consolidation and conversion and

601-25   the proposed articles of consolidation and conversion, with any

601-26   amendments, must be approved by each corporation in accordance

601-27   with:

 602-1               (1)  the law under which it was organized; and

 602-2               (2)  Sections 162.251 and 162.252.  (V.A.C.S.

 602-3   Art. 1528c, Secs.  20D(a), (b).)

 602-4         Sec. 162.254.  ARTICLES OF CONSOLIDATION AND CONVERSION.  (a)

 602-5   The approved articles of consolidation and conversion:

 602-6               (1)  shall be executed, acknowledged, and sealed as

 602-7   prescribed by Section 162.252 and by the law under which the

 602-8   consolidating and converting corporations were organized;

 602-9               (2)  must:

602-10                     (A)  state that they are executed under this

602-11   chapter and the law under which the corporations were organized and

602-12   that each consolidating corporation elects that the new corporation

602-13   be a cooperative; and

602-14                     (B)  contain all other information required by

602-15   the law under which the corporations were organized; and

602-16               (3)  may contain any provision consistent with this

602-17   chapter considered appropriate for the conduct of the business of

602-18   the cooperative.

602-19         (b)  The president or vice president executing the articles

602-20   of consolidation and conversion shall make and attach to the

602-21   articles an affidavit stating that the corporations complied with

602-22   this section and Section 162.253 and with the applicable provisions

602-23   of the law under which the consolidating corporations were

602-24   organized with respect to the articles.  The articles of

602-25   consolidation and conversion are considered to be the articles of

602-26   incorporation of the cooperative and shall be filed in accordance

602-27   with the provisions both of this chapter and of the law under which

 603-1   the consolidating corporations were organized.

 603-2         (c)  The original and a copy of the articles of consolidation

 603-3   and conversion shall be delivered to the secretary of state.  If

 603-4   the secretary of state finds that the articles conform to law, the

 603-5   secretary of state, on payment of a fee of $50, shall:

 603-6               (1)  file and record the articles of consolidation and

 603-7   conversion;

 603-8               (2)  issue a certificate of consolidation and

 603-9   conversion; and

603-10               (3)  attach to the certificate the copy of the articles

603-11   and deliver the certificate and attached copy to the cooperative or

603-12   its representative.   (V.A.C.S. Art. 1528c, Secs. 20D(c), (d), 28

603-13   (part).)

603-14            (Sections 162.255-162.300 reserved for expansion)

603-15                       SUBCHAPTER G.  DISSOLUTION

603-16         Sec. 162.301.  DISSOLUTION.  (a)  A telephone cooperative may

603-17   be dissolved by a two-thirds vote of all the members of the

603-18   cooperative.  The vote must be taken at a regular meeting or at a

603-19   special meeting of its members called for that purpose.  Votes must

603-20   be cast in person.

603-21         (b)  A certificate of dissolution must be:

603-22               (1)  signed by the president or vice president and

603-23   attested by the secretary, certifying to the dissolution and

603-24   stating that the officers have been authorized by a vote of the

603-25   members under Subsection (a) to execute and file the certificate;

603-26   and

603-27               (2)  executed, acknowledged, filed, and recorded in the

 604-1   same manner as original articles of incorporation of a telephone

 604-2   cooperative.

 604-3         (c)  The cooperative is dissolved when the secretary of state

 604-4   accepts the certificate of dissolution for filing and recording and

 604-5   issues a certificate of dissolution.

 604-6         (d)  The secretary of state shall charge and collect:

 604-7               (1)  a fee of $5 for filing a certificate of election

 604-8   to dissolve; and

 604-9               (2)  a fee of $5 for filing articles of dissolution.

604-10   (V.A.C.S.  Art. 1528c, Secs. 21(a), 28 (part).)

604-11         Sec. 162.302.  EXISTENCE FOLLOWING DISSOLUTION.  (a)  A

604-12   dissolved telephone cooperative continues to exist to:

604-13               (1)  satisfy existing liabilities or obligations;

604-14               (2)  collect or liquidate its assets; and

604-15               (3)  take any other action required to adjust and wind

604-16   up its business and affairs.

604-17         (b)  A dissolved telephone cooperative may sue and be sued in

604-18   its corporate name.  (V.A.C.S. Art. 1528c, Sec. 21(b) (part).)

604-19         Sec. 162.303.  DISTRIBUTION OF NET ASSETS ON DISSOLUTION.

604-20   Assets of a dissolved telephone cooperative that remain after all

604-21   liabilities or obligations of the cooperative have been satisfied

604-22   shall be distributed as follows:

604-23               (1)  first, to patrons for the pro rata return of

604-24   amounts standing to their credit because of their patronage; and

604-25               (2)  second, to members for the pro rata repayment of

604-26   membership fees.  (V.A.C.S. Art. 1528c, Sec. 21(b) (part).)

604-27         Sec. 162.304.  DISSOLUTION OF DEFECTIVELY INCORPORATED

 605-1   TELEPHONE COOPERATIVE.  (a)  A telephone cooperative that purports

 605-2   to have been incorporated or reincorporated under this chapter but

 605-3   that has not complied with a requirement for legal corporate

 605-4   existence may file a certificate of dissolution in the same manner

 605-5   as a validly incorporated telephone cooperative.

 605-6         (b)  The certificate of dissolution may be authorized by a

 605-7   majority of the incorporators or directors at a meeting called by

 605-8   an incorporator and held at the principal office of the cooperative

 605-9   named in the articles of incorporation.

605-10         (c)  The incorporator calling the meeting must give at least

605-11   ten days' notice of the meeting by mail to the last known post

605-12   office address of each incorporator or director.  (V.A.C.S.

605-13   Art. 1528c, Sec. 21(c).)

605-14                   CHAPTER 163.  JOINT POWERS AGENCIES

605-15                    SUBCHAPTER A.  GENERAL PROVISIONS

605-16   Sec. 163.001.  DEFINITIONS 

605-17            (Sections 163.002-163.010 reserved for expansion)

605-18        SUBCHAPTER B.  COOPERATION BY PUBLIC AND PRIVATE ENTITIES

605-19   Sec. 163.011.  EFFECT OF SUBCHAPTER 

605-20   Sec. 163.012.  AUTHORITY TO MAKE AGREEMENTS 

605-21   Sec. 163.013.  GENERAL RIGHTS, POWERS, AND DUTIES OF ENTITIES 

605-22   Sec. 163.014.  USE OF EMINENT DOMAIN 

605-23   Sec. 163.015.  TAXATION 

605-24   Sec. 163.016.  INSURANCE 

605-25            (Sections 163.017-163.050 reserved for expansion)

605-26                 SUBCHAPTER C.  MUNICIPAL POWER AGENCIES

605-27   Sec. 163.051.  DEFINITIONS 

 606-1   Sec. 163.052.  CONSTRUCTION 

 606-2   Sec. 163.053.  CONFLICTS WITH OTHER LAW 

 606-3   Sec. 163.054.  CREATION OF AGENCY 

 606-4   Sec. 163.055.  RE-CREATION OF AGENCY 

 606-5   Sec. 163.056.  NOTICE 

 606-6   Sec. 163.057.  CONTENTS OF CONCURRENT ORDINANCE 

 606-7   Sec. 163.058.  ELECTION 

 606-8   Sec. 163.059.  BOARD OF DIRECTORS 

 606-9   Sec. 163.060.  POWERS 

606-10   Sec. 163.061.  CONSTRUCTION CONTRACTS 

606-11   Sec. 163.062.  SALE OR EXCHANGE OF ELECTRIC ENERGY 

606-12   Sec. 163.063.  RATES AND CHARGES 

606-13   Sec. 163.064.  REVENUE BONDS 

606-14   Sec. 163.065.  REFUNDING BONDS 

606-15   Sec. 163.066.  ISSUANCE, FORM, AND PROVISIONS OF BONDS 

606-16   Sec. 163.067.  NONNEGOTIABLE PURCHASE MONEY NOTES 

606-17   Sec. 163.068.  BOND ANTICIPATION NOTES 

606-18            (Sections 163.069-163.100 reserved for expansion)

606-19              SUBCHAPTER D.  AGENCY RECEIVING POWER THROUGH

606-20                            INTERSTATE SYSTEM

606-21   Sec. 163.101.  CREATION 

606-22   Sec. 163.102.  POWERS 

606-23            (Sections 163.103-163.120 reserved for expansion)

606-24            SUBCHAPTER E.  ELECTRIC COOPERATIVE CORPORATIONS

606-25   Sec. 163.121.  CREATION 

606-26   Sec. 163.122.  APPLICATION OF OPEN MEETINGS LAW 

606-27   Sec. 163.123.  AUTHORITY OF PUBLIC UTILITY COMMISSION 

 607-1   Sec. 163.124.  POWER TO ISSUE CERTAIN BONDS OR SECURITIES

 607-2                   CHAPTER 163.  JOINT POWERS AGENCIES

 607-3                    SUBCHAPTER A.  GENERAL PROVISIONS

 607-4         Sec. 163.001.  DEFINITIONS.  In this chapter:

 607-5               (1)  "Electric facility" means a facility necessary or

 607-6   incidental to generating or transmitting electric power and energy,

 607-7   including:

 607-8                     (A)  a generating unit or plant or a plant site;

 607-9                     (B)  transmission lines;

607-10                     (C)  a right-of-way or other right relating to a

607-11   facility; and

607-12                     (D)  property and equipment.

607-13               (2)  "Entity" means a person who engages in the

607-14   authorized generation, transmission, or distribution of electric

607-15   energy for sale to the public.

607-16               (3)  "Private entity" means an entity that is not a

607-17   public entity.

607-18               (4)  "Public entity" means an entity that is an agency

607-19   or political subdivision of this state.  (V.A.C.S. Art. 1435a, Sec.

607-20   2.)

607-21            (Sections 163.002-163.010 reserved for expansion)

607-22        SUBCHAPTER B.  COOPERATION BY PUBLIC AND PRIVATE ENTITIES

607-23         Sec. 163.011.  EFFECT OF SUBCHAPTER.  This subchapter does

607-24   not affect:

607-25               (1)  the statutory purposes prescribed by state law

607-26   relating to creating, establishing, or operating an entity that

607-27   co-owns a facility;

 608-1               (2)  an entity's rights or powers in effect on August

 608-2   27, 1973, relating to the generation, transmission, distribution,

 608-3   or sale of electric power and energy; or

 608-4               (3)  a contract in effect on August 27, 1973.

 608-5   (V.A.C.S. Art. 1435a, Secs. 1 (part), 5.)

 608-6         Sec. 163.012.  AUTHORITY TO MAKE AGREEMENTS.  Public and

 608-7   private entities may by agreement jointly plan, finance, acquire,

 608-8   construct, own, operate, and maintain electric facilities to:

 608-9               (1)  achieve economies of scale in providing electric

608-10   energy to the public;

608-11               (2)  promote the economic development of this state and

608-12   its natural resources; and

608-13               (3)  meet the state's future power needs.  (V.A.C.S.

608-14   Art. 1435a, Secs. 1 (part), 3 (part).)

608-15         Sec. 163.013.  GENERAL RIGHTS, POWERS, AND DUTIES OF

608-16   ENTITIES.  (a)  A participating entity may:

608-17               (1)  use its means and assets to plan, acquire,

608-18   construct, own, operate, and maintain its interest in an electric

608-19   facility;

608-20               (2)  issue bonds and other securities to raise money

608-21   for a purpose described by Subdivision (1) in the same manner and

608-22   to the same extent and subject to the same conditions as would be

608-23   applicable if the entity had sole ownership of the electric

608-24   facility;

608-25               (3)  acquire, for the use and benefit of each

608-26   participating entity, land, easements, and property for an electric

608-27   facility by purchase or by exercising the power of eminent domain;

 609-1   and

 609-2               (4)  transfer or otherwise convey the acquired land,

 609-3   property, or property interest or otherwise cause the land,

 609-4   property, or interest to become vested in other participating

 609-5   entities to the extent to which and in the manner in which the

 609-6   participating entities agree.

 609-7         (b)  Each participating entity is a cotenant or co-owner of

 609-8   the electric facility and in relation to the entity's undivided

 609-9   interest in the facility has each right, privilege, exemption,

609-10   power, duty, and liability the entity would have had if the entity

609-11   had sole ownership.  (V.A.C.S.  Art. 1435a, Secs. 1 (part), 3

609-12   (part), 4(1), 4(2) (part).)

609-13         Sec. 163.014.  USE OF EMINENT DOMAIN.  (a)  A participating

609-14   entity has the power of eminent domain to be exercised as provided

609-15   by this section.

609-16         (b)  The use of eminent domain authority by a participating

609-17   entity is governed by the law relating to an eminent domain

609-18   proceeding involving a municipality in this state.

609-19         (c)  A participating entity may acquire a fee title to the

609-20   condemned real property.

609-21         (d)  A participating entity may not use eminent domain

609-22   authority to acquire:

609-23               (1)  an interest in an electric facility that belongs

609-24   to another entity; or

609-25               (2)  an interest in real property to drill, mine, or

609-26   produce from that property oil, gas, geothermal resources,

609-27   geothermal/geopressured resources, or lignite, coal, sulphur,

 610-1   uranium, plutonium, or other minerals that belong to another person

 610-2   regardless of whether the material is in place or is in the process

 610-3   of being drilled, mined, or produced.

 610-4         (e)  Subsection (d) does not affect the authority of a

 610-5   participating entity to acquire full title to real property for a

 610-6   plant site and any related surface installation or equipment,

 610-7   including a cooling reservoir.  (V.A.C.S. Art. 1435a, Sec.  4(2)

 610-8   (part).)

 610-9         Sec. 163.015.  TAXATION.  (a) A participating private entity

610-10   shall render for ad valorem taxation its undivided fractional

610-11   interest in a jointly owned electric facility.  An ad valorem or

610-12   similar tax shall be imposed separately against the undivided

610-13   interest of the participating private entity.

610-14         (b)  A tax or assessment, including an excise tax or sales

610-15   and use tax, attributable to a property or service bought, sold,

610-16   leased, or used to construct, maintain, repair, or operate  a

610-17   jointly owned electric facility shall be imposed separately against

610-18   each participating entity in proportion to the entity's respective

610-19   undivided interest in the facility.

610-20         (c)  A participating entity is not liable for a tax or

610-21   assessment attributable to another participating entity under

610-22   Subsection (a) or (b).

610-23         (d)  A participating entity is entitled to each

610-24   constitutional or statutory ad valorem or other tax exemption

610-25   attributable to the jointly owned electric facility or to a

610-26   property or service bought, sold, leased, or used to construct,

610-27   maintain, repair, or operate the facility to the extent the entity

 611-1   would have been exempt from the tax if the entity's undivided

 611-2   interest were an entire interest in the facility or in the property

 611-3   or service.  The entity is entitled to any applicable exemption

 611-4   certificate or statement provided by law to claim or prove the

 611-5   exemption.  (V.A.C.S. Art. 1435a, Sec.  4(3).)

 611-6         Sec. 163.016.  INSURANCE.  A participating entity may:

 611-7               (1)  contract for insurance, including specialized

 611-8   insurance for property and risks relating to the ownership,

 611-9   operation, and maintenance of electric facilities;

611-10               (2)  contract for insurance for the use and benefit of

611-11   each of the other participating entities as though the insurance

611-12   was for the sole benefit of the contracting entity; and

611-13               (3)  cause the rights of the other participating

611-14   entities to be protected under the contract in accordance with each

611-15   entity's undivided interest or entitlement under any applicable

611-16   agreement between the entities.  (V.A.C.S. Art. 1435a, Sec. 4(4).)

611-17            (Sections 163.017-163.050 reserved for expansion)

611-18                 SUBCHAPTER C.  MUNICIPAL POWER AGENCIES

611-19         Sec. 163.051.  DEFINITIONS.  In this subchapter:

611-20               (1)  "Agency" means a municipal power agency created

611-21   under this subchapter.

611-22               (2)  "Bond" includes a note, but does not include a

611-23   nonnegotiable purchase money note issued under Section 163.067.

611-24               (3)  "Concurrent ordinance" means an ordinance or order

611-25   adopted under this subchapter by two or more public entities that

611-26   relates to the creation or re-creation of a municipal power agency.

611-27               (4)  "Obligations" means revenue bonds or notes.

 612-1   (V.A.C.S. Art. 1435a, Secs. 4a(c) (part), (j) (part); New.)

 612-2         Sec. 163.052.  CONSTRUCTION.  This subchapter shall be

 612-3   liberally construed to carry out its purpose.  (V.A.C.S.

 612-4   Art. 1435a, Sec.  4a(s) (part).)

 612-5         Sec. 163.053.  CONFLICTS WITH OTHER LAW.  This subchapter

 612-6   prevails to the extent of a conflict between this subchapter and

 612-7   any other law, including:

 612-8               (1)  a law regulating the affairs of a municipal

 612-9   corporation; or

612-10               (2)  a home-rule charter provision.  (V.A.C.S.

612-11   Art. 1435a, Sec. 4a(s) (part).)

612-12         Sec. 163.054.  CREATION OF AGENCY.  (a)  Public entities may

612-13   create an agency by concurrent ordinances subject to voter

612-14   approval.

612-15         (b)  A public entity may join in the creation of an agency

612-16   under this subchapter only if on May 8, 1975, and at the time the

612-17   concurrent ordinance is adopted, the entity was engaged in the

612-18   authorized generation of electric energy for sale to the public.

612-19   This subsection does not prohibit a public entity from disposing of

612-20   its electric generating capabilities after creation of the agency.

612-21         (c)  An agency is a:

612-22               (1)  separate municipal corporation;

612-23               (2)  political subdivision of this state; and

612-24               (3)  political entity and corporate body.

612-25         (d)  An agency may not impose a tax but has all the other

612-26   powers relating to municipally owned utilities and provided by law

612-27   to a municipality that owns a public utility.  (V.A.C.S.

 613-1   Art. 1435a, Secs. 4a(a) (part); (b) (part).)

 613-2         Sec. 163.055.  RE-CREATION OF AGENCY.  (a)  The public

 613-3   entities that create an agency may by concurrent ordinances

 613-4   re-create the agency by adding or deleting, or both, a public

 613-5   entity.

 613-6         (b)  The public entities may not re-create an agency if the

 613-7   re-creation will impair an agency obligation.

 613-8         (c)  Re-creation by adding a public entity is subject to

 613-9   voter approval in accordance with Section 163.058.  (V.A.C.S.

613-10   Art. 1435a, Sec. 4a(b) (part).)

613-11         Sec. 163.056.  NOTICE.  (a)  The governing body of each

613-12   public entity shall publish notice of its intention to create an

613-13   agency once a week for two consecutive weeks.

613-14         (b)  The first publication must appear before the 14th day

613-15   before the date set for passage of the concurrent ordinance.

613-16         (c)  The notice must state:

613-17               (1)  the date, time, and location at which the

613-18   governing body proposes to enact the concurrent ordinance; and

613-19               (2)  that an agency will be created on the date on

613-20   which the concurrent ordinances take effect. (V.A.C.S. Art. 1435a,

613-21   Sec.  4a(a) (part).)

613-22         Sec. 163.057.  CONTENTS OF CONCURRENT ORDINANCE.  A

613-23   concurrent ordinance creating an agency under Section 163.054 or

613-24   re-creating an agency under Section 163.055 must, as adopted by

613-25   each public entity:

613-26               (1)  contain identical provisions;

613-27               (2)  define the boundaries of the agency to include the

 614-1   territory within the boundaries of each participating public

 614-2   entity;

 614-3               (3)  designate the name of the agency; and

 614-4               (4)  designate the number, place, initial term,  and

 614-5   manner of appointment of directors in accordance with Section

 614-6   163.059.  (V.A.C.S. Art. 1435a, Secs. 4a(c) (part), (d) (part), (e)

 614-7   (part).)

 614-8         Sec. 163.058.  ELECTION.  (a)  An agency may not be created

 614-9   unless the creation is approved by a majority of the qualified

614-10   voters of each public entity creating the agency at an election

614-11   called and held for that purpose.

614-12         (b)  An agency may not be re-created by addition of a public

614-13   entity unless the re-creation is approved by a majority of the

614-14   qualified voters of the additional public entity at an election

614-15   called and held for that purpose.

614-16         (c)  Notice of an election under this section shall be given

614-17   in accordance with Article 704, Revised Statutes.   The election

614-18   shall be called and held in accordance with:

614-19               (1)  the Election Code;

614-20               (2)  Chapter 1, Title 22, Revised Statutes; and

614-21               (3)  this subchapter.  (V.A.C.S. Art. 1435a, Secs.

614-22   4a(a) (part), (b) (part).)

614-23         Sec. 163.059.  BOARD OF DIRECTORS.  (a)  The agency shall be

614-24   governed by a board of directors.  The board is responsible for the

614-25   management, operation, and control of the property belonging to the

614-26   agency.

614-27         (b)  The board must include at least four directors.  Each

 615-1   director must be appointed by place by the governing bodies of the

 615-2   participating public entities. Each participating public entity is

 615-3   entitled to appoint at least one director.

 615-4         (c)  Directors must serve staggered terms.  Successor

 615-5   directors are appointed in the same manner as the original

 615-6   appointees.

 615-7         (d)  To qualify to serve as a director, a person must be a

 615-8   qualified voter and reside in the boundaries of the appointing

 615-9   public entity when the person takes the constitutional oath of

615-10   office.

615-11         (e)  An employee, officer, or member of the governing body of

615-12   a public entity may serve as a director but may not have a personal

615-13   interest in a contract executed by the agency other than as an

615-14   employee, officer, or member of the governing body of the public

615-15   entity.

615-16         (f)  Directors serve without compensation.  (V.A.C.S.

615-17   Art. 1435a, Secs. 4a(d) (part), (e) (part), (f) (part).)

615-18         Sec. 163.060.  POWERS.  (a)  An agency may not engage in any

615-19   utility business other than the generation, transmission, and sale

615-20   or exchange of electric energy to:

615-21               (1)  a participating public entity; or

615-22               (2)  a private entity that owns jointly with the agency

615-23   an electric generating facility in this state.

615-24         (b)  The agency may:

615-25               (1)  perform any act necessary to the full exercise of

615-26   the agency's powers;

615-27               (2)  enter into a contract, lease, or agreement with or

 616-1   accept a grant or loan from a:

 616-2                     (A)  department or agency of the United States;

 616-3                     (B)  department, agency, or political subdivision

 616-4   of this state; or

 616-5                     (C)  public or private person;

 616-6               (3)  sell, lease, convey, or otherwise dispose of any

 616-7   right, interest, or property the agency considers to be unnecessary

 616-8   for the efficient maintenance or operation of its electric

 616-9   facilities;

616-10               (4)  use the uniform system of accounts  prescribed for

616-11   utilities and licenses by the Federal Energy Regulatory Commission;

616-12   and

616-13               (5)  adopt rules to govern the operation of the agency

616-14   and its employees, facilities, and service.  (V.A.C.S. Art. 1435a,

616-15   Secs. 4a(a) (part), (f) (part), (o) (part), (p).)

616-16         Sec. 163.061.  CONSTRUCTION CONTRACTS.  (a)  Except as

616-17   provided by Subsection (c), an agency may award a contract for

616-18   construction of an improvement that involves the expenditure of

616-19   more than $20,000 only on the basis of competitive bids.

616-20         (b)  The agency shall publish notice of intent to receive

616-21   bids once a week for two consecutive weeks in a newspaper of

616-22   general circulation in this state.  The first publication must

616-23   appear before the 14th day before the date bids are to be received.

616-24         (c)  An entity that has joint ownership of the improvement to

616-25   be constructed or that is an agent of a joint owner shall award a

616-26   contract using the entity's contracting procedures.  (V.A.C.S.

616-27   Art. 1435a, Sec. 4a(o) (part).)

 617-1         Sec. 163.062.  SALE OR EXCHANGE OF ELECTRIC ENERGY.  (a)  An

 617-2   agency may participate through appropriate contracts in power

 617-3   pooling and power exchange agreements with other entities through

 617-4   direct or indirect system interconnections.

 617-5         (b)  An entity that participates with an agency under this

 617-6   section may:

 617-7               (1)  purchase electric energy from the agency;

 617-8               (2)  sell or dispose of electric energy to the agency;

 617-9   or

617-10               (3)  exchange electric energy with the agency.

617-11         (c)  An entity payment for electric energy purchased from the

617-12   agency is an operating expense of the entity's electric system.

617-13         (d)  An agency contract to sell or exchange electric energy

617-14   may require the purchaser to pay for the electric energy regardless

617-15   of whether the electric energy is produced or delivered.  (V.A.C.S.

617-16   Art. 1435a, Secs. 4a(f) (part), (g) (part), (o) (part).)

617-17         Sec. 163.063.  RATES AND CHARGES.  (a)  An agency may

617-18   establish and maintain rates and charges for electric power and

617-19   energy the agency delivers, transmits, or exchanges.  The rates and

617-20   charges must:

617-21               (1)  be reasonable and in accordance with prudent

617-22   utility practices;

617-23               (2)  be based on periodic cost of service studies and

617-24   subject to modification, unless such a basis for rates and charges

617-25   is waived by the purchaser by contract; and

617-26               (3)  be developed to recover the agency's cost of

617-27   producing and transmitting the electric power and energy, as

 618-1   applicable, which cost must include the amortization of capital

 618-2   investment.

 618-3         (b)  Notwithstanding Subsection (a), this state reserves its

 618-4   power to regulate an agency's rates and charges for electric energy

 618-5   supplied by the agency's facilities.

 618-6         (c)  Until obligations issued under this subchapter have been

 618-7   paid and discharged, with all interest on the obligations, interest

 618-8   on unpaid interest installments on the obligations, and other

 618-9   connected and incurred costs or expenses, this state pledges to and

618-10   agrees with the purchasers and successive holders of the

618-11   obligations that it will not:

618-12               (1)  limit or alter the power of an agency to establish

618-13   and collect rates and charges under this section sufficient to pay:

618-14                     (A)  necessary operational and maintenance

618-15   expenses;

618-16                     (B)  interest and principal on obligations issued

618-17   by the agency;

618-18                     (C)  sinking funds and reserve fund payments; and

618-19                     (D)  other charges necessary to fulfill the terms

618-20   of any agreement; or

618-21               (2)  take any action that will impair the rights or

618-22   remedies of the holders of the obligations.  (V.A.C.S. Art. 1435a,

618-23   Secs. 4a(g) (part), (h).)

618-24         Sec. 163.064.  REVENUE BONDS.  (a)  The agency may issue

618-25   revenue bonds to accomplish the purposes of the agency.

618-26         (b)  The agency may pledge to the payment of the obligations

618-27   the revenues of all or part of its electric facilities, including

 619-1   facilities acquired after the obligations are issued. However,

 619-2   operating and maintenance expenses, including salaries and labor,

 619-3   materials, and repairs of electric facilities necessary to render

 619-4   efficient service constitute a first lien on and charge against the

 619-5   pledged revenue.

 619-6         (c)  The agency may set aside from the proceeds from the sale

 619-7   of the obligations amounts for payment into the interest and

 619-8   sinking fund and reserve fund, and for interest and operating

 619-9   expenses during construction and development, as specified in the

619-10   proceedings authorizing the obligations.

619-11         (d)  Obligation proceeds may be invested, pending their use,

619-12   in securities, interest-bearing certificates, or time deposits as

619-13   specified in the authorizing proceedings.

619-14         (e)  Agency obligations are authorized investments for:

619-15               (1)  a bank;

619-16               (2)  a savings bank;

619-17               (3)  a trust company;

619-18               (4)  a savings and loan association; and

619-19               (5)  an insurance company.

619-20         (f)  The obligations, when accompanied by all appurtenant,

619-21   unmatured coupons and to the extent of the lesser of their face

619-22   value or market value, are eligible to secure the deposit of public

619-23   funds of this state, a political subdivision of this state, and any

619-24   other political corporation of this state.  (V.A.C.S. Art. 1435a,

619-25   Secs.  4a(i), (j) (part), (k), (n).)

619-26         Sec. 163.065.  REFUNDING BONDS.  The agency may issue

619-27   refunding bonds.  (V.A.C.S. Art. 1435a, Sec. 4a(m) (part).)

 620-1         Sec. 163.066.  ISSUANCE, FORM, AND PROVISIONS OF BONDS.  (a)

 620-2   Agency bonds that are payable from agency revenues or anticipated

 620-3   bond proceeds  and the records relating to their issuance must be

 620-4   submitted to the attorney general for examination before delivery.

 620-5         (b)  The bonds:

 620-6               (1)  must mature serially or otherwise not more than 50

 620-7   years after the date of issuance;

 620-8               (2)  may be made redeemable before maturity at the time

 620-9   and at the price or prices set by the agency; and

620-10               (3)  may be sold at public or private sale under the

620-11   terms and for the price the agency determines to be in the best

620-12   interest of the agency.

620-13         (c)  The bonds must be signed by the presiding officer or

620-14   assistant presiding officer of the agency, be attested by the

620-15   secretary, and bear the seal of the agency.  The signatures may be

620-16   printed on the bonds if authorized by the agency, and the seal may

620-17   be impressed or printed on the bonds.  The agency may adopt or use

620-18   for any purpose the signature of an individual who has been an

620-19   officer of the agency, regardless of whether the individual has

620-20   ceased to be an officer at the time the bonds are delivered to the

620-21   purchaser.  (V.A.C.S. Art. 1435a, Secs. 4a(l) (part), (q) (part),

620-22   (r) (part).)

620-23         Sec. 163.067.  NONNEGOTIABLE PURCHASE MONEY NOTES.  (a)  The

620-24   agency may issue nonnegotiable purchase money notes to acquire land

620-25   or fuel resources.

620-26         (b)  Nonnegotiable purchase money notes are:

620-27               (1)  payable in installments;

 621-1               (2)  secured by the property acquired with the notes or

 621-2   other collateral the agency substitutes;  and

 621-3               (3)  not a security or agency obligation.

 621-4         (c)  Nonnegotiable purchase money notes may be further

 621-5   secured by a promise to issue bonds or bond anticipation notes to

 621-6   pay the purchase money notes.  (V.A.C.S. Art. 1435a, Sec. 4a(r)

 621-7   (part).)

 621-8         Sec. 163.068.  BOND ANTICIPATION NOTES.  (a)  The agency may

 621-9   issue bond anticipation notes:

621-10               (1)  for any purpose for which the agency may issue

621-11   bonds; or

621-12               (2)  to refund previously issued bond anticipation

621-13   notes or nonnegotiable purchase money notes.

621-14         (b)  Bond anticipation notes are subject to the limitations

621-15   and conditions prescribed by this subchapter for bonds.

621-16         (c)  The agency may contract with purchasers of bond

621-17   anticipation notes that the proceeds of one or more series of bonds

621-18   will be used to pay or refund the notes.  (V.A.C.S. Art. 1435a,

621-19   Sec. 4a(r) (part).)

621-20            (Sections 163.069-163.100 reserved for expansion)

621-21              SUBCHAPTER D.  AGENCY RECEIVING POWER THROUGH

621-22                            INTERSTATE SYSTEM

621-23         Sec. 163.101.  CREATION.  (a)  Notwithstanding Section

621-24   163.054, two or more public entities may create a municipal power

621-25   agency governed by Subchapter C if the entities:

621-26               (1)  are municipalities;

621-27               (2)  are engaged in the distribution and sale of

 622-1   electric energy to the public; and

 622-2               (3)  receive a major portion of their power through or

 622-3   from an interstate electric system.

 622-4         (b)  The entities must comply with the provisions of

 622-5   Subchapter C relating to the creation of a municipal power agency,

 622-6   including the concurrent ordinance and election provisions.

 622-7   (V.A.C.S. Art. 1435a, Sec. 4b (part).)

 622-8         Sec. 163.102.  POWERS.  (a)  An agency created under this

 622-9   subchapter may:

622-10               (1)  generate and transmit electric power and energy

622-11   inside and outside this state;

622-12               (2)  sell, purchase, or exchange electric power and

622-13   energy with entities inside or outside this state; and

622-14               (3)  construct or acquire new steam electric generating

622-15   facilities, but only if the facilities are owned jointly by the

622-16   agency and one or more private entities.

622-17         (b)  This section does not authorize an agency created under

622-18   this subchapter to engage in the distribution and retail sale of

622-19   electric power and energy.  (V.A.C.S. Art. 1435a, Sec. 4b (part).)

622-20            (Sections 163.103-163.120 reserved for expansion)

622-21            SUBCHAPTER E.  ELECTRIC COOPERATIVE CORPORATIONS

622-22         Sec. 163.121.  CREATION.  An electric cooperative corporation

622-23   may join one or more public entities to create a joint powers

622-24   agency as if the corporation were also a public entity.  (V.A.C.S.

622-25   Art. 1435a, Sec. 4c(a).)

622-26         Sec. 163.122.  APPLICATION OF OPEN MEETINGS LAW.  A joint

622-27   powers agency created under this subchapter is a governmental body

 623-1   subject to Chapter 551, Government Code.  (V.A.C.S. Art. 1435a,

 623-2   Sec. 4c(c).)

 623-3         Sec. 163.123.  AUTHORITY OF PUBLIC UTILITY COMMISSION.  A

 623-4   joint powers agency created under this subchapter is:

 623-5               (1)  subject to all applicable provisions of Title 2;

 623-6   and

 623-7               (2)  under the jurisdiction of the Public Utility

 623-8   Commission of Texas as provided by Title 2.  (V.A.C.S. Art. 1435a,

 623-9   Sec. 4c(b).)

623-10         Sec. 163.124.  POWER TO ISSUE CERTAIN BONDS OR SECURITIES.

623-11   This subchapter does not authorize an electric cooperative

623-12   corporation to issue bonds or other securities that are tax exempt

623-13   under federal law.  (V.A.C.S. Art. 1435a, Sec. 4c(d).)

623-14          CHAPTER 164.  JOINT OWNERSHIP OF ELECTRIC FACILITIES

623-15                           BY PUBLIC ENTITIES

623-16   Sec. 164.001.  JOINT OWNERSHIP OF ELECTRIC UTILITY FACILITIES

623-17                    AUTHORIZED 

623-18   Sec. 164.002.  PUBLIC PURPOSE 

623-19   Sec. 164.003.  APPROVAL OF AGREEMENT BY ATTORNEY

623-20                    GENERAL 

623-21   Sec. 164.004.  INCREASE IN OWNERSHIP SHARES 

623-22   Sec. 164.005.  CONTRACTUAL OBLIGATIONS AS LIEN ON

623-23                    SYSTEM REVENUE 

623-24   Sec. 164.006.  CONSTRUCTION WITH OTHER LAWS 

623-25          CHAPTER 164.  JOINT OWNERSHIP OF ELECTRIC FACILITIES

623-26                           BY PUBLIC ENTITIES

623-27         Sec. 164.001.  JOINT OWNERSHIP OF ELECTRIC UTILITY FACILITIES

 624-1   AUTHORIZED.  (a)  Political subdivisions may join together to

 624-2   finance, construct, complete, acquire, or operate electric utility

 624-3   facilities so that the facilities or an undivided interest in the

 624-4   facilities is jointly owned by the political subdivisions as

 624-5   cotenants or co-owners.

 624-6         (b)  The ownership shares in the facilities are those

 624-7   approved by the governing bodies of the political subdivisions, as

 624-8   set forth in an agreement authorized by the governing bodies.

 624-9   (V.A.C.S. Art. 1435b, Sec. 1 (part).)

624-10         Sec. 164.002.  PUBLIC PURPOSE.  The exercise by a political

624-11   subdivision of the authority granted by this chapter, including the

624-12   exercise of the power to issue bonds, notes, or other obligations

624-13   to accomplish the purposes of this chapter, and the performance of

624-14   an agreement entered into under this chapter are considered to be

624-15   additional public purposes of the political subdivision, without

624-16   regard to any express or implied limitation on the authority or

624-17   purposes of the political subdivision under any other general or

624-18   special law or charter provision.  (V.A.C.S. Art. 1435b, Sec. 3

624-19   (part).)

624-20         Sec. 164.003.  APPROVAL OF AGREEMENT BY ATTORNEY GENERAL.

624-21   (a)  An agreement between political subdivisions establishing an

624-22   interest in electric utility facilities that is executed under this

624-23   chapter shall be submitted to the attorney general in connection

624-24   with any proceeding to finance the contractual obligation by the

624-25   issuance of bonds.

624-26         (b)  An agreement submitted under Subsection (a) is

624-27   incontestable on approval as to legality by the attorney general.

 625-1   (V.A.C.S. Art. 1435b, Sec. 1 (part).)

 625-2         Sec. 164.004.  INCREASE IN OWNERSHIP SHARES.  (a)  An

 625-3   agreement under this chapter may provide for a political

 625-4   subdivision to increase its present or future ownership share of

 625-5   the electric utility facilities by installment purchase payments

 625-6   and for another political subdivision that is a party to the

 625-7   agreement to transfer, in consideration of those payments, any

 625-8   portion of its present or future ownership share of the facilities

 625-9   to the purchasing political subdivision.

625-10         (b)  A payment made by a political subdivision to acquire an

625-11   ownership interest is not treated as a maintenance and operating

625-12   expense but is treated as a capital cost as if the political

625-13   subdivision had issued bonds to construct or acquire the ownership

625-14   interest, unless otherwise specified in the agreement.  (V.A.C.S.

625-15   Art. 1435b, Sec. 1 (part).)

625-16         Sec. 164.005.  CONTRACTUAL OBLIGATIONS AS LIEN ON SYSTEM

625-17   REVENUE.  (a)  If the electric utility facilities financed,

625-18   acquired, constructed, or completed are a part of a utility system

625-19   of a political subdivision, the obligation to make the contract

625-20   payments to acquire an ownership interest is a lien on the revenue

625-21   of the system on a parity with the outstanding bonds of the system

625-22   to the extent permitted in the ordinance or  resolution authorizing

625-23   or the deed of trust or indenture securing the payment of the

625-24   outstanding bonds.

625-25         (b)  If the ordinance or resolution authorizing or the deed

625-26   of trust or trust indenture securing the revenue bonds of a utility

625-27   system provides for the subsequent issuance of additional bonds or

 626-1   the creation of a contractual obligation described by Section

 626-2   164.004 and provides that the payments to be made for the security

 626-3   or payment of the subsequent bonds or contractual obligation are to

 626-4   be on a parity with the previously issued bonds or bonds then to be

 626-5   issued, the political subdivision may, subject to any conditions

 626-6   contained in that ordinance, resolution, deed of trust, or trust

 626-7   indenture, authorize, issue, and sell additional bonds or incur the

 626-8   contractual obligation in a different series payable from the

 626-9   entire revenue of the utility system on a parity with the

626-10   previously issued bonds or bonds then to be issued and secured by a

626-11   lien on the revenue of the system on a parity with the lien

626-12   securing the previously issued bonds or bonds then to be issued.

626-13   This subsection applies without regard to whether the previously

626-14   issued bonds:

626-15               (1)  were issued before August 29, 1977; or

626-16               (2)  are an original issue or a refunding issue.

626-17         (c)  A political subdivision may pledge the revenue of a

626-18   utility system to pay contract payments to acquire an ownership

626-19   interest in an electric utility facility under this chapter.

626-20         (d)  In this section, "utility system" includes a combined

626-21   utility system.  (V.A.C.S. Art. 1435b, Sec. 2.)

626-22         Sec. 164.006.  CONSTRUCTION WITH OTHER LAWS.  To provide full

626-23   authority for the execution of an agreement under this chapter,

626-24   this chapter applies to a municipality as if this chapter were

626-25   originally contained in Chapter 10, Title 28, Revised Statutes.

626-26   This chapter prevails over any charter provision or general or

626-27   special law.  (V.A.C.S. Art. 1435b, Sec. 3 (part).)

 627-1                (Chapters 165-180 reserved for expansion)

 627-2         SUBTITLE B.  PROVISIONS REGULATING DELIVERY OF SERVICES

 627-3       CHAPTER 181.  MISCELLANEOUS POWERS AND DUTIES OF UTILITIES

 627-4    SUBCHAPTER A.  POWERS AND DUTIES OF GAS AND ELECTRIC CORPORATIONS

 627-5   Sec. 181.001.  DEFINITIONS 

 627-6   Sec. 181.002.  CORPORATE POWERS 

 627-7   Sec. 181.003.  AUTHORITY TO BORROW MONEY, ISSUE STOCK, OR MORTGAGE

 627-8                    PROPERTY 

 627-9   Sec. 181.004.  CONDEMNATION OF PROPERTY 

627-10   Sec. 181.005.  AUTHORITY TO LAY AND MAINTAIN LINES 

627-11   Sec. 181.006.  CONSENT REQUIRED IN MUNICIPALITY 

627-12   Sec. 181.007.  AUTHORITY TO HOLD LAND OR OTHER

627-13                    PROPERTY 

627-14   Sec. 181.008.  AUTHORITY RELATING TO TRANSPORT OR SALE 

627-15   Sec. 181.009.  DISCRIMINATION PROHIBITED 

627-16            (Sections 181.010-181.020 reserved for expansion)

627-17           SUBCHAPTER B.  PROVISIONS APPLYING TO GAS UTILITIES

627-18   Sec. 181.021.  DEFINITIONS 

627-19   Sec. 181.022.  AUTHORITY TO LAY AND MAINTAIN GAS FACILITY 

627-20   Sec. 181.023.  CONSENT REQUIRED IN MUNICIPALITY 

627-21   Sec. 181.024.  NOTICE TO STATE OR COUNTY 

627-22   Sec. 181.025.  RELOCATION OF GAS FACILITY TO ALLOW CHANGE TO

627-23                    TRAFFIC LANE 

627-24   Sec. 181.026.  EFFECT OF MUNICIPAL INCORPORATION ON GAS

627-25                    FACILITY PREVIOUSLY LAID 

627-26            (Sections 181.027-181.040 reserved for expansion)

627-27        SUBCHAPTER C.  PROVISIONS APPLYING TO ELECTRIC UTILITIES

 628-1   Sec. 181.041.  DEFINITIONS 

 628-2   Sec. 181.042.  AUTHORITY TO CONSTRUCT, MAINTAIN, AND OPERATE

 628-3                    LINES 

 628-4   Sec. 181.043.  CONSENT REQUIRED IN MUNICIPALITY 

 628-5   Sec. 181.044.  NOTICE TO STATE OR COUNTY 

 628-6   Sec. 181.045.  STANDARDS FOR CONSTRUCTION, OPERATION, AND

 628-7                    MAINTENANCE OF LINES 

 628-8   Sec. 181.046.  RELOCATION OF LINE TO ALLOW ROAD OR DITCH

 628-9                    IMPROVEMENT 

628-10   Sec. 181.047.  EFFECT OF MUNICIPAL INCORPORATION ON LINE

628-11                    PREVIOUSLY CONSTRUCTED 

628-12            (Sections 181.048-181.060 reserved for expansion)

628-13        SUBCHAPTER D.  PROVISIONS APPLYING TO TELEGRAPH COMPANIES

628-14   Sec. 181.061.  DEFINITION 

628-15   Sec. 181.062.  TELEGRAPH CONNECTIONS 

628-16   Sec. 181.063.  EXCEPTIONS 

628-17   Sec. 181.064.  HEARING AND DETERMINATION 

628-18   Sec. 181.065.  PENALTY 

628-19   Sec. 181.066.  APPEAL 

628-20            (Sections 181.067-181.080 reserved for expansion)

628-21           SUBCHAPTER E.  PROVISIONS APPLYING TO TELEPHONE AND

628-22                         TELEGRAPH CORPORATIONS

628-23   Sec. 181.081.  DEFINITIONS 

628-24   Sec. 181.082.  AUTHORITY TO INSTALL FACILITY IN

628-25                    RELATION TO PUBLIC PROPERTY 

628-26   Sec. 181.083.  AUTHORITY TO CONSTRUCT LINE ON

628-27                    PRIVATE PROPERTY 

 629-1   Sec. 181.084.  APPROPRIATION OR CONDEMNATION OF LAND 

 629-2   Sec. 181.085.  PROHIBITION ON LAND CONTRACT EXCLUDING ANOTHER

 629-3                    TELEGRAPH UTILITY 

 629-4   Sec. 181.086.  LINES IN OR OUTSIDE STATE 

 629-5   Sec. 181.087.  USE OF ANOTHER'S TELEGRAPH LINE 

 629-6   Sec. 181.088.  CONSOLIDATION OF UTILITIES 

 629-7   Sec. 181.089.  MUNICIPAL REGULATION 

 629-8            (Sections 181.090-181.100 reserved for expansion)

 629-9       SUBCHAPTER F.  PROVISIONS APPLYING TO COMMUNITY ANTENNA AND

629-10                       CABLE TELEVISION UTILITIES

629-11   Sec. 181.101.  DEFINITIONS 

629-12   Sec. 181.102.  AUTHORITY TO INSTALL AND MAINTAIN EQUIPMENT 

629-13   Sec. 181.103.  NOTICE TO STATE OR COUNTY 

629-14   Sec. 181.104.  RELOCATION OF EQUIPMENT TO ALLOW CHANGE TO

629-15                    TRAFFIC LANE 

629-16            (Sections 181.105-181.900 reserved for expansion)

629-17                 SUBCHAPTER Z.  MISCELLANEOUS PROVISIONS

629-18   Sec. 181.901.  AUTHORITY OF GENERAL-LAW MUNICIPALITY TO

629-19                    PROTECT UTILITY 

629-20   Sec. 181.902.  AUTHORITY OF GENERAL-LAW MUNICIPALITY TO

629-21                    PREVENT USE OR WASTE OF UTILITY

629-22                    COMMODITY OR SERVICE 

629-23       CHAPTER 181.  MISCELLANEOUS POWERS AND DUTIES OF UTILITIES

629-24    SUBCHAPTER A.  POWERS AND DUTIES OF GAS AND ELECTRIC CORPORATIONS

629-25         Sec. 181.001.  DEFINITIONS.  In this chapter:

629-26               (1)  "Corporation" includes  partnerships and other

629-27   combinations composed exclusively of corporations or in which a

 630-1   corporation is a general partner.

 630-2               (2)  "Electric corporation" means an electric current

 630-3   and power corporation.  (V.A.C.S. Art. 1435 (part); (New).)

 630-4         Sec. 181.002.  CORPORATE POWERS.  A gas or electric

 630-5   corporation has the powers and rights of a corporation organized

 630-6   for profit in this state whenever those powers and duties may be

 630-7   applicable.  (V.A.C.S. Art. 1437 (part).)

 630-8         Sec. 181.003.  AUTHORITY TO BORROW MONEY, ISSUE STOCK, OR

 630-9   MORTGAGE PROPERTY.  A gas or electric corporation has the right to:

630-10               (1)  borrow money;

630-11               (2)  issue stock, including preferred stock; or

630-12               (3)  mortgage a franchise or other property of the

630-13   corporation to secure a debt contracted for any purpose of the

630-14   corporation.  (V.A.C.S. Art. 1437 (part).)

630-15         Sec. 181.004.  CONDEMNATION OF PROPERTY.  A gas or electric

630-16   corporation has the right and power to enter on, condemn, and

630-17   appropriate the land, right-of-way, easement, or other property of

630-18   any person or corporation.  (V.A.C.S. Art. 1436 (part).)

630-19         Sec. 181.005.  AUTHORITY TO LAY AND MAINTAIN LINES.  A gas

630-20   corporation has the right to lay and maintain lines over and across

630-21   a public road, a railroad, railroad right-of-way, an interurban

630-22   railroad, a street railroad, a canal or stream, or a municipal

630-23   street or alley.  (V.A.C.S.  Art. 1436 (part).)

630-24         Sec. 181.006.  CONSENT REQUIRED IN MUNICIPALITY.  A gas

630-25   corporation may exercise authority under Section 181.005 in

630-26   relation to a municipal street or alley with the consent of and

630-27   subject to the direction of the governing body of the municipality.

 631-1   (V.A.C.S. Art. 1436 (part).)

 631-2         Sec. 181.007.  AUTHORITY TO HOLD LAND OR OTHER PROPERTY.  A

 631-3   gas or electric corporation has the power to own, hold, or use

 631-4   land, a right-of-way, an easement, a franchise, or a building or

 631-5   other structure as necessary for the purpose of the corporation.

 631-6   (V.A.C.S. Art. 1435 (part).)

 631-7         Sec. 181.008.  AUTHORITY RELATING TO TRANSPORT OR SALE.  (a)

 631-8   A gas or electric corporation has the power to generate, make,

 631-9   manufacture, transport, and  sell gas, electric current, and power

631-10   to an individual, the public, or a municipality for any purpose.

631-11         (b)  A gas or electric corporation may:

631-12               (1)  impose reasonable charges for an action taken

631-13   under Subsection (a); and

631-14               (2)  construct, maintain, and operate power plants and

631-15   substations and any machinery, apparatus, pipe, pole, wire, device,

631-16   or arrangements as necessary to operate its lines in this state.

631-17   (V.A.C.S. Art. 1435 (part).)

631-18         Sec. 181.009.  DISCRIMINATION PROHIBITED.  A gas or electric

631-19   corporation may not discriminate against a person, corporation,

631-20   firm, association, or location in:

631-21               (1)  charging for gas, electric current, or power; or

631-22               (2)  providing service under similar circumstances.

631-23   (V.A.C.S. Arts. 1435 (part), 1438.)

631-24            (Sections 181.010-181.020 reserved for expansion)

631-25           SUBCHAPTER B.  PROVISIONS APPLYING TO GAS UTILITIES

631-26         Sec. 181.021.  DEFINITIONS.  In this subchapter:

631-27               (1)  "Gas facility" means a pipe, main, conductor, or

 632-1   other facility or fixture used to carry gas.

 632-2               (2)  "Gas utility" means a person, firm, corporation,

 632-3   or municipality engaged in the business of transporting or

 632-4   distributing gas for public consumption.  (V.A.C.S. Art. 1436b,

 632-5   Secs. 1 (part), 2 (part).)

 632-6         Sec. 181.022.  AUTHORITY TO LAY AND MAINTAIN GAS FACILITY.  A

 632-7   gas utility has the right to lay and maintain a gas facility

 632-8   through, under, along, across, or over a public highway, a public

 632-9   road, a public street or alley, or public water.   (V.A.C.S. Art.

632-10   1436b, Sec. 1 (part).)

632-11         Sec. 181.023.  CONSENT REQUIRED IN MUNICIPALITY.  A gas

632-12   utility may  exercise authority under Section 181.022 in a

632-13   municipality with the consent of and subject to the direction of

632-14   the governing body of the municipality.  (V.A.C.S. Art. 1436b, Sec.

632-15   1 (part).)

632-16         Sec. 181.024.  NOTICE TO STATE OR COUNTY.  (a)  A gas utility

632-17   proposing under this subchapter to locate a gas facility in the

632-18   right-of-way of a state highway or a county road not in a

632-19   municipality shall give notice of the proposal to:

632-20               (1)  the Texas Transportation Commission if the

632-21   proposal relates to a state highway; or

632-22               (2)  the commissioners court of the county if the

632-23   proposal relates to a county road.

632-24         (b)  On receipt of the notice, the Texas Transportation

632-25   Commission or the commissioners court may designate the location in

632-26   the right-of-way where the gas utility may place the gas facility.

632-27   (V.A.C.S. Art. 1436b, Sec. 1 (part).)

 633-1         Sec. 181.025.  RELOCATION OF GAS FACILITY TO ALLOW CHANGE TO

 633-2   TRAFFIC LANE.  (a)  The authority of the Texas Transportation

 633-3   Commission under this section is limited to a gas facility on a

 633-4   state highway not in a municipality.  The authority of the

 633-5   commissioners court under this section is limited to a gas facility

 633-6   on a county road not in a municipality.

 633-7         (b)  The Texas Transportation Commission or the commissioners

 633-8   court of a county may require a gas utility to relocate the

 633-9   utility's gas facility, at the utility's own expense, to allow the

633-10   widening or other changing of a traffic lane.

633-11         (c)  To impose a requirement under this section, the Texas

633-12   Transportation Commission or the commissioners court, as

633-13   appropriate, must give to the gas utility 30 days' written notice

633-14   of the requirement.  The notice must identify the gas facility to

633-15   be relocated and indicate the location on the new right-of-way

633-16   where the gas utility may place the facility.

633-17         (d)  The gas utility shall replace the grade and surface of

633-18   the highway or road at the utility's own expense.  (V.A.C.S.

633-19   Art. 1436b, Sec. 1 (part).)

633-20         Sec. 181.026.  EFFECT OF MUNICIPAL INCORPORATION ON GAS

633-21   FACILITY PREVIOUSLY LAID.   A gas utility having a gas facility

633-22   located in an area that becomes incorporated after the facility is

633-23   in place may continue to exercise in that area the authority

633-24   granted by this subchapter until the 10th anniversary of the date

633-25   of the incorporation without the consent of but subject to the

633-26   direction of the governing body of the municipality.  (V.A.C.S.

633-27   Art. 1436b, Sec. 2.)

 634-1            (Sections 181.027-181.040 reserved for expansion)

 634-2        SUBCHAPTER C.  PROVISIONS APPLYING TO ELECTRIC UTILITIES

 634-3         Sec. 181.041.  DEFINITIONS.  In this subchapter:

 634-4               (1)  "Electric utility" means:

 634-5                     (A)  an electric cooperative organized under

 634-6   Chapter 161;

 634-7                     (B)  a corporation or river authority, if the

 634-8   river authority is created by a statute of this state:

 634-9                           (i)  that generates, transmits, or

634-10   distributes electric energy in this state; and

634-11                           (ii)  whose operations are subject to the

634-12   judicial and legislative processes of this state; or

634-13                     (C)  a municipal electric utility.

634-14               (2)  "Municipal electric utility" means a municipality

634-15   in this state that owns and operates an electric generating plant

634-16   or that operates electric transmission lines or an electric

634-17   distribution system.  (V.A.C.S. Art. 1436a, Secs. 1 (part), 1a

634-18   (part).)

634-19         Sec. 181.042.  AUTHORITY TO CONSTRUCT, MAINTAIN, AND OPERATE

634-20   LINES.  An electric utility has the right to construct, maintain,

634-21   and operate lines over, under, across, on, or along a state

634-22   highway, a county road, a municipal street or alley, or other

634-23   public property in a municipality.  (V.A.C.S. Art. 1436a, Secs. 1

634-24   (part), 1a (part).)

634-25         Sec. 181.043.  CONSENT REQUIRED IN MUNICIPALITY.  (a)  An

634-26   electric utility may  exercise authority under Section 181.042 in a

634-27   municipality with the consent of and subject to the direction of

 635-1   the governing body of the municipality.

 635-2         (b)  Subsection (a) does not apply to a municipal electric

 635-3   utility exercising authority under Section 181.042 in its municipal

 635-4   territory.  (V.A.C.S. Art. 1436a, Secs. 1 (part), 1a (part).)

 635-5         Sec. 181.044.  NOTICE TO STATE OR COUNTY.  (a)  An electric

 635-6   utility proposing under this subchapter to construct a line along

 635-7   the right-of-way of a state highway or a county road not in a

 635-8   municipality shall give notice of the proposal to:

 635-9               (1)  the Texas Transportation Commission if the

635-10   proposal relates to a state highway; or

635-11               (2)  the commissioners court of the county if the

635-12   proposal relates to a county road.

635-13         (b)  On receipt of the notice, the Texas Transportation

635-14   Commission or the commissioners court may designate the location

635-15   along the right-of-way where the electric utility may construct the

635-16   line.  (V.A.C.S. Art. 1436a, Secs. 1 (part), 1a (part).)

635-17         Sec. 181.045.  STANDARDS FOR CONSTRUCTION, OPERATION, AND

635-18   MAINTENANCE OF LINES.  (a)  A municipal electric utility shall

635-19   construct, operate, and maintain its lines for the transmission and

635-20   distribution of electric energy along highways and at other places

635-21   in accordance with the national electrical safety code.  With

635-22   regard to clearances, an electric utility that is not a municipal

635-23   electric utility shall construct, operate, and maintain its lines

635-24   for the transmission and distribution of electric energy along

635-25   highways and at other places in accordance with the national

635-26   electrical safety code.

635-27         (b)  Regardless of Subsection (a), an electric utility shall:

 636-1               (1)  use single pole construction for a line along a

 636-2   highway or county road;

 636-3               (2)  construct a transmission line that crosses a

 636-4   highway or road so that the line is at least 22 feet above the

 636-5   surface of the traffic lane; and

 636-6               (3)  construct a line that is above a railroad track or

 636-7   railroad siding so that the line is at least 22 feet above the

 636-8   surface of the track or siding.

 636-9         (c)  Subsection (a) does not apply to a line in a

636-10   municipality to the extent an ordinance or regulation applying in

636-11   the municipality provides differently than the national electrical

636-12   safety code.

636-13         (d)  In this section, "national electrical safety code" means

636-14   the National Electrical Safety Code, as published in March 1948 by

636-15   the National Bureau of Standards, Handbook 30, as revised by

636-16   Handbook 81, published by the National Bureau of Standards in

636-17   November 1961.  (V.A.C.S. Art. 1436a, Secs. 1 (part), 1a (part).)

636-18         Sec. 181.046.  RELOCATION OF LINE TO ALLOW ROAD OR DITCH

636-19   IMPROVEMENT.  (a)  The authority of the Texas Transportation

636-20   Commission under this section is limited to a line on a state

636-21   highway not in a municipality.  The authority of the commissioners

636-22   court under this section is limited to a line on a county road not

636-23   in a municipality.

636-24         (b)  The Texas Transportation Commission or the commissioners

636-25   court of a county may require an electric utility to relocate a

636-26   line of the utility, at the utility's own expense, to allow the:

636-27               (1)  widening of a right-of-way;

 637-1               (2)  changing of a traffic lane;

 637-2               (3)  improving of a road bed; or

 637-3               (4)  improving of a drainage ditch located on a

 637-4   right-of-way.

 637-5         (c)  To impose a requirement under this section, the Texas

 637-6   Transportation Commission or the commissioners court, as

 637-7   appropriate, must give to the electric utility 30 days' written

 637-8   notice of the requirement.  The notice must identify the line to be

 637-9   relocated and indicate the location on the new right-of-way where

637-10   the electric utility may place the line.  (V.A.C.S. Art. 1436a,

637-11   Secs. 1 (part), 1a (part).)

637-12         Sec. 181.047.  EFFECT OF MUNICIPAL INCORPORATION ON LINE

637-13   PREVIOUSLY CONSTRUCTED.  (a)  An electric utility that owns a line

637-14   on a state highway or county road in a city or town that, at the

637-15   time of the construction of the line, is unincorporated but that

637-16   later incorporates as a municipality may continue to exercise in

637-17   the municipality the authority granted by Section 181.042 until the

637-18   10th anniversary of the date of the incorporation.

637-19         (b)  After that period, to continue to exercise the authority

637-20   in the municipality the electric utility must have the consent of

637-21   the governing body of the municipality.

637-22         (c)  The governing body of the municipality may require the

637-23   electric utility to relocate a pole or line, at the utility's own

637-24   expense, to allow the widening or straightening of a street.  To

637-25   impose a requirement under this subsection, the governing body of

637-26   the municipality must give to the electric utility 30 days' notice.

637-27   The notice must indicate the new location for the pole or line

 638-1   along the right-of-way of the street.

 638-2         (d)  This section does not prohibit a municipality from

 638-3   imposing a tax or special charge for the use of a street as

 638-4   authorized by Subchapter B, Chapter 182, Tax Code.  (V.A.C.S.

 638-5   Art. 1436a, Secs. 1 (part), 1a (part).)

 638-6            (Sections 181.048-181.060 reserved for expansion)

 638-7        SUBCHAPTER D.  PROVISIONS APPLYING TO TELEGRAPH COMPANIES

 638-8         Sec. 181.061.  DEFINITION.  In this subchapter, "telegraph

 638-9   company" includes a person, firm, corporation, or association

638-10   engaged in the business of accepting and transmitting messages to

638-11   and from different locations in this state through use of a

638-12   telegraph.  (V.A.C.S. Art. 1428 (part).)

638-13         Sec. 181.062.  TELEGRAPH CONNECTIONS.  A telegraph company

638-14   engaged in business at the same location or in the same

638-15   municipality as another telegraph company shall provide:

638-16               (1)  means through which a message may be transferred

638-17   to the lines of the other telegraph company at common locations and

638-18   transmitted to the message's final destination; and

638-19               (2)  facilities to assure the transfer of a message in

638-20   compliance with this section.  (V.A.C.S. Art. 1428 (part).)

638-21         Sec. 181.063.  EXCEPTIONS.  (a)  A telegraph company is not

638-22   required to transfer a message to another line if:

638-23               (1)  the message originated on the company's line; and

638-24               (2)  the company can deliver the message directly to

638-25   its intended recipient on the company's lines.

638-26         (b)  A telegraph company is not required to receive a message

638-27   from another's line and transmit the message to its final

 639-1   destination if the message originated at a location on the

 639-2   company's lines.  (V.A.C.S. Art. 1429.)

 639-3         Sec. 181.064.  HEARING AND DETERMINATION.  (a)  The governing

 639-4   body of a municipality or, for an unincorporated area, the

 639-5   commissioners court of the county, shall on its own motion or on

 639-6   application of at least 100 residents:

 639-7               (1)  hear evidence as the governing body or

 639-8   commissioners court considers necessary; and

 639-9               (2)  determine whether a connection between different

639-10   lines or other arrangements for transfer of messages is:

639-11                     (A)  necessary for public convenience; and

639-12                     (B)  just to the telegraph companies.

639-13         (b)  After conducting a hearing and making the determinations

639-14   required by Subsection (a), the governing body or commissioners

639-15   court shall issue an order that:

639-16               (1)  includes the findings of the governing body or

639-17   commissioners court;

639-18               (2)  specifies the conditions under which the

639-19   arrangements for transfer of messages will be made; and

639-20               (3)  specifies the proportion of expense to be paid by

639-21   the owner or operator of each line.  (V.A.C.S. Art. 1430.)

639-22         Sec. 181.065.  PENALTY.  (a)  A telegraph company shall

639-23   comply with an order of a municipality's governing body or a

639-24   commissioners court requiring the company to arrange for transfer

639-25   of messages.

639-26         (b)  A telegraph company that fails to comply with an order

639-27   is subject to a penalty of $10 for each day of noncompliance,

 640-1   payable to the state.  The county or district attorney may bring

 640-2   suit to recover the penalty.

 640-3         (c)  A penalty may not be imposed against a telegraph company

 640-4   for noncompliance with an order if:

 640-5               (1)  the company is prevented from making a connection

 640-6   through the fault or omission of another company; and

 640-7               (2)  the fault or omission causes the company's failure

 640-8   to connect.  (V.A.C.S. Art. 1431.)

 640-9         Sec. 181.066.  APPEAL.  (a)  A telegraph company ordered to

640-10   transfer messages under this subchapter has the right to  appeal to

640-11   the court having jurisdiction over the matter.

640-12         (b)  If the court finds that the telegraph company had

640-13   reasonable grounds for bringing the appeal, the court shall suspend

640-14   any penalty imposed under this subchapter until the appeal is

640-15   finally determined.  (V.A.C.S. Art. 1432.)

640-16            (Sections 181.067-181.080 reserved for expansion)

640-17           SUBCHAPTER E.  PROVISIONS APPLYING TO TELEPHONE AND

640-18                         TELEGRAPH CORPORATIONS

640-19         Sec. 181.081.  DEFINITIONS.  In this subchapter:

640-20               (1)  "Facility" means a pole, pier, abutment, wire, or

640-21   other fixture related to a telephone or magnetic telegraph line.

640-22               (2)  "Telegraph corporation" means a corporation

640-23   created to construct and maintain magnetic telegraph lines.

640-24               (3)  "Telephone corporation" means a corporation

640-25   created to construct and maintain telephone lines.  (V.A.C.S. Arts.

640-26   1416 (part), 1417 (part), 1422 (part).)

640-27         Sec. 181.082.  AUTHORITY TO INSTALL FACILITY IN RELATION TO

 641-1   PUBLIC PROPERTY.  A telephone or telegraph corporation may install

 641-2   a facility of the corporation along, on, or across a public road, a

 641-3   public street, or public water in a manner that does not

 641-4   inconvenience the public in the use of the road, street, or water.

 641-5   (V.A.C.S. Art. 1416 (part).)

 641-6         Sec. 181.083.  AUTHORITY TO CONSTRUCT LINE ON PRIVATE

 641-7   PROPERTY.  A telephone or telegraph corporation may enter land in

 641-8   which a private person or a corporation owns a fee or lesser estate

 641-9   to:

641-10               (1)  make a preliminary survey or examination to

641-11   prepare for the construction of a telephone or telegraph line;

641-12               (2)  change the location of a part of a telephone or

641-13   telegraph line as necessary; or

641-14               (3)  construct or repair a telephone or telegraph line.

641-15   (V.A.C.S. Art. 1417 (part).)

641-16         Sec. 181.084.  APPROPRIATION OR CONDEMNATION OF LAND.  A

641-17   telephone or telegraph corporation has the right to:

641-18               (1)  appropriate as much land owned by a private person

641-19   or a corporation as is necessary to construct a facility; or

641-20               (2)  condemn land to acquire a right-of-way or other

641-21   interest in the land for the use of the telephone or telegraph

641-22   corporation.  (V.A.C.S.  Art. 1417 (part).)

641-23         Sec. 181.085.  PROHIBITION ON LAND CONTRACT EXCLUDING ANOTHER

641-24   TELEGRAPH UTILITY.  A telegraph corporation may not contract with

641-25   an owner of land for the right to construct and maintain a

641-26   telegraph line over the land to the exclusion of the line of

641-27   another telegraph corporation.  (V.A.C.S. Art. 1418.)

 642-1         Sec. 181.086.  LINES IN OR OUTSIDE STATE.  A telegraph

 642-2   corporation may construct, own, use, or maintain a telegraph line

 642-3   in or outside this state.  (V.A.C.S. Art. 1419.)

 642-4         Sec. 181.087.  USE OF ANOTHER'S TELEGRAPH LINE.  (a) A

 642-5   telegraph corporation may:

 642-6               (1)  lease the telegraph line of another telegraph

 642-7   corporation;

 642-8               (2)  as the result of a lease or purchase, attach to

 642-9   its telegraph line the telegraph line of another telegraph

642-10   corporation; or

642-11               (3)  join  with  any  other  corporation or association

642-12   to  construct,  lease,  own,  use,  or  maintain  a  telegraph

642-13   line.

642-14         (b)  An action under Subsection (a)(3) must be taken in

642-15   accordance with an agreement made by the directors or managers of

642-16   the telegraph corporations.  (V.A.C.S. Art. 1420.)

642-17         Sec. 181.088.  CONSOLIDATION OF UTILITIES.  (a)  A telephone

642-18   or telegraph corporation organized under the law of this state may

642-19   consolidate or otherwise unite with one or more other companies

642-20   organized under the law of a state or the United States if the

642-21   union or consolidation:

642-22               (1)  is approved, at a regular meeting of the

642-23   corporation's stockholders, by a vote of persons holding a majority

642-24   of the shares of stock of the corporation; and

642-25               (2)  is done with the consent of each other company.

642-26         (b)  The company resulting from the consolidation or other

642-27   union may hold, use, and enjoy the rights and privileges given by

 643-1   the law of this state to, and has the same liabilities of, a

 643-2   company separately organized under the law of this state relating

 643-3   to corporations.  (V.A.C.S. Art. 1421.)

 643-4         Sec. 181.089.  MUNICIPAL REGULATION.  (a)  The appropriate

 643-5   authorities of a municipality through which a line of a telephone

 643-6   or telegraph corporation is to pass may adopt, by ordinance or

 643-7   another method, regulations governing the corporation that specify

 643-8   the:

 643-9               (1)  location of the facilities of the corporation;

643-10               (2)  kind of posts that must be used by the

643-11   corporation; or

643-12               (3)  height at which the wires of the corporation must

643-13   be placed.

643-14         (b)  After the construction of the telephone or telegraph

643-15   line, the appropriate authorities of the municipality, after giving

643-16   the corporation or its agents an opportunity to be heard, may

643-17   direct any change in:

643-18               (1)  the construction or location of the facilities; or

643-19               (2)  the height at which the corporation must locate

643-20   the wires.  (V.A.C.S. Art. 1422 (part).)

643-21            (Sections 181.090-181.100 reserved for expansion)

643-22       SUBCHAPTER F.  PROVISIONS APPLYING TO COMMUNITY ANTENNA AND

643-23                       CABLE TELEVISION UTILITIES

643-24         Sec. 181.101.  DEFINITIONS.  In this subchapter:

643-25               (1)  "Equipment" means a line, wire, cable, pipe,

643-26   conduit, conductor, pole, or other facility for the transmission of

643-27   community antenna or cable television service.

 644-1               (2)  "Person" means an individual, firm, or

 644-2   corporation.  (V.A.C.S. Art. 9021, Sec. 1.)

 644-3         Sec. 181.102.  AUTHORITY TO INSTALL AND MAINTAIN EQUIPMENT.

 644-4   (a)  In an unincorporated area, a person in the business of

 644-5   providing community antenna or cable television service to the

 644-6   public may install and maintain equipment through, under, along,

 644-7   across, or over a utility easement, a public road, an alley, or a

 644-8   body of public water in accordance with this subchapter.

 644-9         (b)  The installation and maintenance of the equipment must

644-10   be done in a way that does not unduly inconvenience the public

644-11   using the affected property.  (V.A.C.S. Art. 9021, Secs. 2, 3.)

644-12         Sec. 181.103.  NOTICE TO STATE OR COUNTY.  (a)  A person

644-13   proposing to install equipment under Section 181.102 in the

644-14   right-of-way of a state highway or a county road shall give notice

644-15   of the proposal to:

644-16               (1)  the Texas Department of Transportation if the

644-17   proposal relates to a state highway; or

644-18               (2)  the commissioners court of the county if the

644-19   proposal relates to a county road.

644-20         (b)  On receipt of the notice, the department or

644-21   commissioners court may designate the location in the right-of-way

644-22   where the person may install the equipment, if the equipment is not

644-23   to be installed on an existing facility.  (V.A.C.S. Art. 9021,

644-24   Secs. 4(a), (b).)

644-25         Sec. 181.104.  RELOCATION OF EQUIPMENT TO ALLOW CHANGE TO

644-26   TRAFFIC LANE.  (a)  The authority of the Texas Department of

644-27   Transportation under this section is limited to equipment installed

 645-1   in connection with a state highway.  The authority of the

 645-2   commissioners court under this section is limited to equipment

 645-3   installed in connection with a county road.

 645-4         (b)  The Texas Department of Transportation or the

 645-5   commissioners court of a county may require a person who has

 645-6   installed equipment in the right-of-way of a state highway or

 645-7   county road to relocate the person's equipment to allow the

 645-8   widening or other changing of a traffic lane.

 645-9         (c)  To impose a requirement under this section, the Texas

645-10   Department of Transportation or the commissioners court, as

645-11   appropriate, must give to the person written notice of the

645-12   requirement not later than the 45th day before the date the

645-13   relocation is to be made.  The notice must identify the equipment

645-14   to be relocated and indicate the location in the right-of-way where

645-15   the person may reinstall the equipment.

645-16         (d)  The person shall pay the cost of repairing a state

645-17   highway or county road damaged by the relocation.  (V.A.C.S.

645-18   Art. 9021, Sec. 4(c).)

645-19            (Sections 181.105-181.900 reserved for expansion)

645-20                 SUBCHAPTER Z.  MISCELLANEOUS PROVISIONS

645-21         Sec. 181.901.  AUTHORITY OF GENERAL-LAW MUNICIPALITY TO

645-22   PROTECT UTILITY.  (a)  The governing body of a general-law

645-23   municipality may adopt an ordinance that applies to a utility using

645-24   the streets and public grounds of the municipality and that

645-25   protects the utility:

645-26               (1)  in the free enjoyment of the utility's rights and

645-27   privileges; and

 646-1               (2)  from interference with the utility's property and

 646-2   franchises.

 646-3         (b)  In this section, "utility" means a person, company, or

 646-4   corporation engaged in furnishing water, gas, telephone, light,

 646-5   power, or sewage service to the public.  (V.A.C.S. Art. 1120

 646-6   (part); New.)

 646-7         Sec. 181.902.  AUTHORITY OF GENERAL-LAW MUNICIPALITY TO

 646-8   PREVENT USE OR WASTE OF UTILITY COMMODITY OR SERVICE.  (a)  The

 646-9   governing body of a general-law municipality may adopt an ordinance

646-10   that prevents the free or unauthorized use or the waste of a

646-11   commodity or service furnished by a utility that uses the streets

646-12   and public grounds of the municipality.

646-13         (b)  In this section, "utility" has the meaning assigned to

646-14   the term by Section 181.901.  (V.A.C.S. Art. 1120 (part); New.)

646-15                CHAPTER 182.  RIGHTS OF UTILITY CUSTOMERS

646-16               SUBCHAPTER A.  PAYMENT DATE OF UTILITY BILL

646-17                         FOR ELDERLY INDIVIDUAL

646-18   Sec. 182.001.  DEFINITIONS 

646-19   Sec. 182.002.  DELAY OF BILL PAYMENT DATE FOR ELDERLY

646-20                    INDIVIDUAL 

646-21   Sec. 182.003.  REQUEST FOR DELAY 

646-22   Sec. 182.004.  PROOF OF AGE 

646-23   Sec. 182.005.  CERTAIN UTILITIES NOT AFFECTED 

646-24            (Sections 182.006-182.050 reserved for expansion)

646-25         SUBCHAPTER B.  CONFIDENTIALITY OF CUSTOMER INFORMATION

646-26   Sec. 182.051.  DEFINITIONS 

646-27   Sec. 182.052.  CONFIDENTIALITY OF PERSONAL INFORMATION 

 647-1   Sec. 182.053.  FEE 

 647-2   Sec. 182.054.  EXCEPTIONS 

 647-3   Sec. 182.055.  NO CIVIL LIABILITY FROM VIOLATION 

 647-4            (Sections 182.056-182.100 reserved for expansion)

 647-5                    SUBCHAPTER C.  TESTING OF METERS

 647-6   Sec. 182.101.  DEFINITIONS 

 647-7   Sec. 182.102.  TESTING OF METER 

 647-8   Sec. 182.103.  UTILITY REPRESENTATIVE; NOTICE 

 647-9   Sec. 182.104.  OFFENSE 

647-10                CHAPTER 182.  RIGHTS OF UTILITY CUSTOMERS

647-11               SUBCHAPTER A.  PAYMENT DATE OF UTILITY BILL

647-12                         FOR ELDERLY INDIVIDUAL

647-13         Sec. 182.001.  DEFINITIONS.  In this subchapter:

647-14               (1)  "Elderly individual" means an individual who is 60

647-15   years of age or older.

647-16               (2)  "Utility" means an electric, gas, water, or

647-17   telephone utility operated by a public or private entity.

647-18   (V.A.C.S. Art. 1446c-2, Sec. 1.)

647-19         Sec. 182.002.  DELAY OF BILL PAYMENT DATE FOR ELDERLY

647-20   INDIVIDUAL.  (a)  On request by an elderly individual, a utility

647-21   shall delay without penalty the payment date of a bill for

647-22   providing utility service to that individual until the 25th day

647-23   after the date the bill is issued.

647-24         (b)  This subchapter applies only to an elderly individual

647-25   who:

647-26               (1)  is a residential customer; and

647-27               (2)  occupies the entire premises for which a delay is

 648-1   requested.  (V.A.C.S. Art. 1446c-2, Secs. 2(a), (d).)

 648-2         Sec. 182.003.  REQUEST FOR DELAY.  An elderly individual may

 648-3   request that the utility implement the delay under Section 182.002

 648-4   for:

 648-5               (1)  the most recent utility bill; or

 648-6               (2)  the most recent utility bill and each subsequent

 648-7   utility bill.  (V.A.C.S. Art. 1446c-2, Sec. 2(b).)

 648-8         Sec. 182.004.  PROOF OF AGE.  A utility may require an

 648-9   individual requesting a delay under this subchapter to present

648-10   reasonable proof that the individual is 60 years of age or older.

648-11   (V.A.C.S. Art. 1446c-2, Sec. 2(c).)

648-12         Sec. 182.005.  CERTAIN UTILITIES NOT AFFECTED.  This

648-13   subchapter does not apply to a utility that:

648-14               (1)  does not assess a late payment charge on a

648-15   residential customer;

648-16               (2)  does not suspend service before the 26th day after

648-17   the date of the bill for which collection action is taken; and

648-18               (3)  is regulated under Title 2.  (V.A.C.S.

648-19   Art. 1446c-2, Sec. 2(e).)

648-20            (Sections 182.006-182.050 reserved for expansion)

648-21         SUBCHAPTER B.  CONFIDENTIALITY OF CUSTOMER INFORMATION

648-22         Sec. 182.051.  DEFINITIONS.  In this subchapter:

648-23               (1)  "Consumer reporting agency" means a person who,

648-24   for a monetary fee or payment of dues, or on a cooperative

648-25   nonprofit basis, regularly engages in the practice of assembling or

648-26   evaluating consumer credit information or other information

648-27   relating to consumers in order to furnish a consumer report to a

 649-1   third party.

 649-2               (2)  "Governmental body" has the meaning assigned by

 649-3   Section 552.003, Government Code.

 649-4               (3)  "Government-operated utility" means a governmental

 649-5   body or an entity governed by a governmental body that, for

 649-6   compensation, provides water, wastewater, sewer, gas, garbage,

 649-7   electricity, or drainage service.

 649-8               (4)  "Personal information" means an individual's

 649-9   address, telephone number, or social security number.  (V.A.C.S.

649-10   Art. 1446h, Sec. 1.)

649-11         Sec. 182.052.  CONFIDENTIALITY OF PERSONAL INFORMATION.  (a)

649-12   Except as provided by Section 182.054, a government-operated

649-13   utility may not disclose personal information in a customer's

649-14   account record if the customer requests that the

649-15   government-operated utility keep the information confidential.

649-16         (b)  A customer may request confidentiality by delivering to

649-17   the government-operated utility an appropriately marked form

649-18   provided under Subsection (c)(3) or any other written request for

649-19   confidentiality.

649-20         (c)  A government-operated utility shall include with a bill

649-21   sent to each customer:

649-22               (1)  a notice of the customer's right to request

649-23   confidentiality under this subchapter;

649-24               (2)  a statement of the amount of any fee applicable to

649-25   the request; and

649-26               (3)  a form by which the customer may request

649-27   confidentiality by marking an appropriate box on the form and

 650-1   returning it to the government-operated utility.

 650-2         (d)  A customer may rescind a request for confidentiality by

 650-3   providing the government-operated utility written permission to

 650-4   disclose personal information.  (V.A.C.S. Art. 1446h, Secs. 2, 4.)

 650-5         Sec. 182.053.  FEE.  A government-operated utility may charge

 650-6   each customer who requests confidentiality under this subchapter a

 650-7   fee not to exceed the administrative cost of complying with the

 650-8   request of confidentiality.  (V.A.C.S. Art. 1446h, Sec. 3.)

 650-9         Sec. 182.054.  EXCEPTIONS.  This subchapter does not prohibit

650-10   a government-operated utility from disclosing personal information

650-11   in a customer's account record to:

650-12               (1)  an official or employee of the state, a political

650-13   subdivision of the state, or the United States acting in an

650-14   official capacity;

650-15               (2)  an employee of a utility acting in connection with

650-16   the employee's duties;

650-17               (3)  a consumer reporting agency;

650-18               (4)  a contractor or subcontractor approved by and

650-19   providing services to the utility, the state, a political

650-20   subdivision of the state, or the United States;

650-21               (5)  a person for whom the customer has contractually

650-22   waived confidentiality for personal information; or

650-23               (6)  another entity that provides water, wastewater,

650-24   sewer, gas, garbage, electricity, or drainage service for

650-25   compensation.  (V.A.C.S. Art. 1446h, Sec. 5.)

650-26         Sec. 182.055.  NO CIVIL LIABILITY FROM VIOLATION.  A

650-27   government-operated utility or an officer or employee of a

 651-1   government-operated utility is immune from civil liability for a

 651-2   violation of this subchapter.  (V.A.C.S. Art. 1446h, Sec. 6.)

 651-3            (Sections 182.056-182.100 reserved for expansion)

 651-4                    SUBCHAPTER C.  TESTING OF METERS

 651-5         Sec. 182.101.  DEFINITIONS.  In this subchapter:

 651-6               (1)  "Consumer" means a person who obtains electricity

 651-7   or gas from a utility.

 651-8               (2)  "Gas" includes natural gas and artificial gas.

 651-9               (3)  "Meter" means an instrument or machine used to

651-10   measure and record the use of electricity or gas.

651-11               (4)  "Test" includes, in reference to the testing of a

651-12   meter and as necessary to the reading and examination of a meter,

651-13   the authority to break the seal.

651-14               (5)  "Utility" means a person, other than a

651-15   governmental entity, who provides for compensation electricity or

651-16   gas for consumption in a municipality.  (V.A.C.S.  Art. 1124a,

651-17   Secs. 1 (part), 2, 3; New.)

651-18         Sec. 182.102.  TESTING OF METER.  (a)  On complaint by a

651-19   consumer to the governing body of a municipality, an agent or

651-20   employee of the municipality shall examine, read, and test a meter

651-21   that is installed by the utility furnishing the electricity or gas.

651-22         (b)  On demand by a consumer to the governing body of a

651-23   municipality, the governing body shall provide the consumer with a

651-24   detailed report stating the results of the examination, reading,

651-25   and test, including:

651-26               (1)  whether the meter is in good condition;

651-27               (2)  whether the meter functions properly; and

 652-1               (3)  the amount of electricity or gas used during a

 652-2   period designated by the consumer in the demand, not to exceed one

 652-3   year.  (V.A.C.S. Art. 1124a, Secs. 1 (part), 4.)

 652-4         Sec. 182.103.  UTILITY REPRESENTATIVE; NOTICE.  A utility

 652-5   representative may be present during a meter test.  The

 652-6   municipality shall provide notice to a utility regarding the

 652-7   testing of a meter not later than the third day before the date the

 652-8   meter test is conducted. (V.A.C.S. Art. 1124a, Sec. 1 (part).)

 652-9         Sec. 182.104.  OFFENSE.  (a)  A utility or other person

652-10   commits an offense if the utility or other person fails or refuses

652-11   to allow an agent or employee of a municipality to examine a meter.

652-12         (b)  An offense under this section is a misdemeanor

652-13   punishable by a fine not to exceed $200.

652-14         (c)  Each day a utility or other person refuses to allow an

652-15   agent or employee of a municipality to examine a meter is a

652-16   separate offense.  (V.A.C.S. Art. 1124a, Sec. 5.)

652-17                     CHAPTER 183.  UTILITY DEPOSITS 

652-18   Sec. 183.001.  DEFINITIONS 

652-19   Sec. 183.002.  INTEREST ON DEPOSIT 

652-20   Sec. 183.003.  RATE OF INTEREST 

652-21   Sec. 183.004.  INTEREST PAYMENT TO DEPOSITOR 

652-22   Sec. 183.005.  RETURN OF DEPOSIT 

652-23   Sec. 183.006.  CRIMINAL PENALTY 

652-24                     CHAPTER 183.  UTILITY DEPOSITS

652-25         Sec. 183.001.  DEFINITIONS.  In this chapter:

652-26               (1)  "Commission" means the Public Utility Commission

652-27   of Texas.

 653-1               (2)  "Utility" means a person, firm, company,

 653-2   corporation, receiver, or trustee who furnishes water, electric,

 653-3   gas, or telephone service.  (V.A.C.S. Arts. 1440 (part), 1440a

 653-4   (part); New.)

 653-5         Sec. 183.002.  INTEREST ON DEPOSIT.  A utility that requires

 653-6   the user of a service to pay a money deposit as a condition to

 653-7   furnishing the service shall pay interest on the deposit from the

 653-8   time the deposit is made.  (V.A.C.S. Arts. 1440 (part), 1440a

 653-9   (part).)

653-10         Sec. 183.003.  RATE OF INTEREST.  (a)  The commission each

653-11   December 1, or the next regular workday if December 1 is a

653-12   Saturday, Sunday, or legal holiday, shall set the annual interest

653-13   rate for the next calendar year on deposits governed by this

653-14   chapter.

653-15         (b)  The commission may not set the rate at an amount that

653-16   exceeds the lesser of:

653-17               (1)  85 percent of the average rate paid over the

653-18   previous 12-month period on United States treasury bills with a

653-19   12-month maturity date; or

653-20               (2)  12 percent.

653-21         (c)  The commission may not set the rate at an amount that is

653-22   less than six percent.  (V.A.C.S. Arts. 1440 (part), 1440a (part).)

653-23         Sec. 183.004.  INTEREST PAYMENT TO DEPOSITOR.  A utility

653-24   shall pay interest on the deposit to the depositor or the

653-25   depositor's heirs or assigns annually on demand or sooner if the

653-26   service is discontinued.  (V.A.C.S. Arts. 1440 (part), 1440a

653-27   (part).)

 654-1         Sec. 183.005.  RETURN OF DEPOSIT.  (a)  When the service is

 654-2   discontinued, the utility shall return the deposit and any unpaid

 654-3   interest on the deposit to the depositor or the depositor's heirs

 654-4   or legal representatives.

 654-5         (b)  The utility company may deduct from the amount returned

 654-6   under Subsection (a) any payments due for the services.  (V.A.C.S.

 654-7   Arts. 1440 (part), 1440a (part).)

 654-8         Sec. 183.006.  CRIMINAL PENALTY.  (a)  A person commits an

 654-9   offense if the person violates this chapter.

654-10         (b)  An offense under this section is punishable by:

654-11               (1)  a fine of not less than $25 and not more than

654-12   $200;

654-13               (2)  confinement in jail for not less than six months

654-14   and not more than one year; or

654-15               (3)  both the fine and confinement.  (V.A.C.S.

654-16   Art. 1440a (part).)

654-17                CHAPTER 184.  ELECTRIC AND WATER METERING

654-18                    SUBCHAPTER A.  GENERAL PROVISIONS

654-19   Sec. 184.001.  DEFINITION 

654-20            (Sections 184.002-184.010 reserved for expansion)

654-21          SUBCHAPTER B.  METERING IN APARTMENTS, CONDOMINIUMS,

654-22                          AND MOBILE HOME PARKS

654-23   Sec. 184.011.  DEFINITIONS 

654-24   Sec. 184.012.  NEW CONSTRUCTION OR CONVERSION 

654-25   Sec. 184.013.  SUBMETERING 

654-26   Sec. 184.014.  RULES 

654-27            (Sections 184.015-184.030 reserved for expansion)

 655-1          SUBCHAPTER C.  METERING IN RECREATIONAL VEHICLE PARKS

 655-2   Sec. 184.031.  DEFINITIONS 

 655-3   Sec. 184.032.  METERED SALE UNDER COMMISSION RULES 

 655-4   Sec. 184.033.  METERED SALE UNDER THIS CHAPTER 

 655-5   Sec. 184.034.  COMPUTATION OF CHARGES 

 655-6   Sec. 184.035.  REFUND OF SURCHARGES 

 655-7            (Sections 184.036-184.050 reserved for expansion)

 655-8                 SUBCHAPTER D.  CENTRAL SYSTEM UTILITIES

 655-9   Sec. 184.051.  DEFINITIONS 

655-10   Sec. 184.052.  RULES 

655-11            (Sections 184.053-184.070 reserved for expansion)

655-12               SUBCHAPTER E.  LIABILITY FOR RULE VIOLATION

655-13   Sec. 184.071.  LIABILITY 

655-14                CHAPTER 184.  ELECTRIC AND WATER METERING

655-15                    SUBCHAPTER A.  GENERAL PROVISIONS

655-16         Sec. 184.001.  DEFINITION.  In this chapter, "commission"

655-17   means the Public Utility Commission of Texas.  (New.)

655-18            (Sections 184.002-184.010 reserved for expansion)

655-19          SUBCHAPTER B.  METERING IN APARTMENTS, CONDOMINIUMS,

655-20                          AND MOBILE HOME PARKS

655-21         Sec. 184.011.  DEFINITIONS.  In this subchapter:

655-22               (1)  "Apartment house" means one or more buildings

655-23   containing more than five dwelling units each of which is rented

655-24   primarily for nontransient use with rent paid at intervals of one

655-25   week or longer.  The term includes a rented or owner-occupied

655-26   residential condominium.

655-27               (2)  "Dwelling unit" means:

 656-1                     (A)  one or more rooms that are suitable for

 656-2   occupancy as a residence and that contain kitchen and bathroom

 656-3   facilities; or

 656-4                     (B)  a mobile home in a mobile home park.

 656-5   (V.A.C.S. Art. 1446d, Sec. 1.)

 656-6         Sec. 184.012.  NEW CONSTRUCTION OR CONVERSION.  (a)  A

 656-7   political subdivision may not authorize the construction or

 656-8   occupancy of a new apartment house, including the conversion of

 656-9   property to a condominium, unless the construction plan provides

656-10   for the measurement of the quantity of electricity  consumed by the

656-11   occupants of each dwelling unit of the apartment house, either by

656-12   individual metering by the utility company or by submetering by the

656-13   owner.

656-14         (b)  This section does not prohibit a political subdivision

656-15   from issuing a permit to a nonprofit organization for construction

656-16   of a new apartment house for occupancy by low-income elderly

656-17   tenants if the nonprofit organization establishes, by submitting

656-18   engineering and cost data and a sworn statement, that all cost

656-19   savings will be passed on to the low-income elderly tenants.

656-20   (V.A.C.S. Art. 1446d, Secs. 2(a), (b).)

656-21         Sec. 184.013.  SUBMETERING.  (a)  The owner of an apartment

656-22   house or mobile home park may submeter each dwelling unit in the

656-23   apartment house or mobile home park to measure the quantity of

656-24   electricity consumed by the occupants of the dwelling unit.

656-25         (b)  Electric submetering equipment is subject to:

656-26               (1)  the same rules adopted by the commission for

656-27   accuracy, testing, and recordkeeping of meters installed by

 657-1   electric utilities; and

 657-2               (2)  the meter testing requirements of Subchapter C,

 657-3   Chapter 38.

 657-4         (c)  If not more than 90 days before the date an owner,

 657-5   operator, or manager of an apartment house installs individual

 657-6   meters or submeters in the apartment house the owner, operator, or

 657-7   manager increases rental rates and the increase in rental rates is

 657-8   attributable to the increased cost of utilities, the owner,

 657-9   operator, or manager, on installation of the meters or submeters,

657-10   shall:

657-11               (1)  immediately reduce the rental rate by the amount

657-12   of the increase attributable to the increased cost of utilities;

657-13   and

657-14               (2)  refund the amount of the increased rent:

657-15                     (A)  collected in the 90-day period preceding the

657-16   installation of the meters or submeters; and

657-17                     (B)  attributable to the cost of increased

657-18   utilities.  (V.A.C.S. Art. 1446d, Secs. 2(c), 3 (part), 4.)

657-19         Sec. 184.014.  RULES.  (a)  The commission shall adopt rules

657-20   under which an owner, operator, or manager of an apartment house or

657-21   mobile home park for which electricity is not individually metered

657-22   may install submetering equipment to allocate fairly the cost of

657-23   the electrical consumption of each dwelling unit in the apartment

657-24   house or mobile home park.

657-25         (b)  In addition to other appropriate safeguards for a tenant

657-26   of an apartment house or mobile home park, a rule adopted under

657-27   Subsection (a) must provide that:

 658-1               (1)  the apartment house owner or a mobile home park

 658-2   owner may not charge a tenant more than the cost per kilowatt hour

 658-3   charged by the utility to the owner; and

 658-4               (2)  the apartment house owner shall maintain adequate

 658-5   records relating to submetering and make those records available

 658-6   for inspection by the tenant during reasonable business hours.

 658-7         (c)  A rule adopted under this section has the same effect as

 658-8   a rule adopted under Title 2, and a utility company and the owner,

 658-9   operator, or manager of an apartment house subject to this

658-10   subchapter is subject to enforcement under Sections 15.021, 15.022,

658-11   15.028, 15.029, 15.030, 15.031, 15.032, and 15.033.  (V.A.C.S.

658-12   Art. 1446d, Sec. 3 (part).)

658-13            (Sections 184.015-184.030 reserved for expansion)

658-14          SUBCHAPTER C.  METERING IN RECREATIONAL VEHICLE PARKS

658-15         Sec. 184.031.  DEFINITIONS.  In this subchapter:

658-16               (1)  "Recreational vehicle" has the meaning assigned by

658-17   Section 522.004(b), Transportation Code.

658-18               (2)  "Supplying utility" means the electric utility

658-19   from which a recreational vehicle park owner purchases electricity

658-20   consumed at the recreational vehicle park.  (V.A.C.S. Art. 1446d-2,

658-21   Sec. 1.)

658-22         Sec. 184.032.  METERED SALE UNDER COMMISSION RULES.  The

658-23   metered sale of electricity by a recreational vehicle park owner in

658-24   compliance with submetering rules adopted by the commission under

658-25   Title 2 does not constitute the provision of electric service for

658-26   compensation.  (V.A.C.S. Art. 1446d-2, Sec. 2 (part).)

658-27         Sec. 184.033.  METERED SALE UNDER THIS CHAPTER.

 659-1   Notwithstanding any provision of Title 2, the metered sale of

 659-2   electricity by a recreational vehicle park owner does not

 659-3   constitute the provision of electric service for compensation if:

 659-4               (1)  the electricity is consumed in a recreational

 659-5   vehicle that is located in a recreational vehicle park;

 659-6               (2)  the owner can show that the owner does not

 659-7   annually recover from recreational vehicle occupants through

 659-8   metered charges more than the supplying utility charges the owner

 659-9   for electricity that is submetered, taking into account fuel

659-10   refunds;

659-11               (3)  the owner establishes a fiscal year for the

659-12   purposes of this subchapter and maintains for at least three years

659-13   records of:

659-14                     (A)  bills received from the supplying utility;

659-15                     (B)  charges made to recreational vehicle

659-16   occupants; and

659-17                     (C)  consumption records for each fiscal year;

659-18               (4)  the owner charges for electricity using a fixed

659-19   rate per kilowatt hour for each fiscal year computed at the

659-20   beginning of the fiscal year in the manner provided by Section

659-21   184.034; and

659-22               (5)  the owner complies with the refund requirements of

659-23   Section 184.035.  (V.A.C.S. Art. 1446d-2, Sec. 2 (part).)

659-24         Sec. 184.034.  COMPUTATION OF CHARGES.  (a)  For the purposes

659-25   of computing the charge for electricity under Section 184.033(4),

659-26   the recreational vehicle park owner shall divide the amount charged

659-27   the owner by the supplying utility for the preceding fiscal year by

 660-1   the total number of kilowatt hours consumed by occupants visiting

 660-2   the park in the preceding fiscal year and round the quotient to the

 660-3   nearest cent.

 660-4         (b)  If since or during the preceding fiscal year the

 660-5   supplying utility increases its rates, the owner may recompute the

 660-6   preceding fiscal year's charges by the utility using the current

 660-7   rates charged by the utility.

 660-8         (c)  If since or during the preceding fiscal year the

 660-9   supplying utility decreases its rates, the owner shall recompute

660-10   the preceding fiscal year's charges by the utility using the

660-11   current rates charged by the utility.

660-12         (d)  An owner may not:

660-13               (1)  include a charge by the supplying utility for

660-14   electricity used in a common area or office of the recreational

660-15   vehicle park in computing the amounts under Subsection (b) or (c);

660-16   or

660-17               (2)  recover that charge through a metered charge to a

660-18   recreational vehicle occupant.  (V.A.C.S. Art. 1446d-2, Sec. 2

660-19   (part).)

660-20         Sec. 184.035.  REFUND OF SURCHARGES.  A recreational vehicle

660-21   park owner who determines at the end of a fiscal year that the

660-22   owner has collected more than the amount charged by the supplying

660-23   utility shall refund the excess amount to occupants visiting the

660-24   park in the succeeding fiscal year.  (V.A.C.S. Art. 1446d-2, Sec. 2

660-25   (part).)

660-26            (Sections 184.036-184.050 reserved for expansion)

 661-1                 SUBCHAPTER D.  CENTRAL SYSTEM UTILITIES

 661-2         Sec. 184.051.  DEFINITIONS.  In this subchapter:

 661-3               (1)  "Apartment house" means one or more buildings

 661-4   containing two or more dwelling units rented primarily for

 661-5   nontransient use with rent paid at intervals of one week or longer.

 661-6               (2)  "Apartment house owner" means the legal

 661-7   titleholder of an apartment house or an individual, firm, or

 661-8   corporation purporting to be the landlord of tenants in the

 661-9   apartment house.

661-10               (3)  "Central system utilities" means electricity and

661-11   water consumed by and wastewater services related to a central air

661-12   conditioning system, central heating system, central hot water

661-13   system, or central chilled water system in an apartment house.  The

661-14   term does not include utilities directly consumed in a dwelling

661-15   unit.

661-16               (4)  "Customer" means an individual, firm, or

661-17   corporation in whose name a master meter is connected by a utility.

661-18               (5)  "Dwelling unit" means one or more rooms that are

661-19   suitable for occupancy as a residence and that contain kitchen and

661-20   bathroom facilities.

661-21               (6)  "Nonsubmetered master metered utility service"

661-22   means an electric utility service that is master metered for an

661-23   apartment house but is not submetered.

661-24               (7)  "Tenant" means a person who is entitled to occupy

661-25   a dwelling unit in an apartment house to the exclusion of others

661-26   and who is obligated to pay for the occupancy under a written or

661-27   oral rental agreement.

 662-1               (8)  "Utility" means a public, private, or member-owned

 662-2   utility that provides electricity, water, or wastewater service to

 662-3   an apartment house served by a master meter.  (V.A.C.S. Art. 1446f,

 662-4   Sec. 1.)

 662-5         Sec. 184.052.  RULES.  (a)  The commission shall adopt rules

 662-6   governing billing systems or methods used by an apartment house

 662-7   owner to prorate or allocate among tenants central system utility

 662-8   costs or nonsubmetered master metered utility service costs.

 662-9         (b)  In addition to other appropriate safeguards for a tenant

662-10   of an apartment house, a rule adopted under this section must

662-11   require that:

662-12               (1)  a rental agreement contain:

662-13                     (A)  a clear written description of the method of

662-14   computing the allocation of central system utilities or

662-15   nonsubmetered master metered utilities for the apartment house; and

662-16                     (B)  a statement of the average apartment unit

662-17   monthly bill for all apartment units for any allocation of central

662-18   system utilities' costs or nonsubmetered master metered utility

662-19   service costs for the previous calendar year; and

662-20               (2)  the apartment house owner:

662-21                     (A)  not impose a charge on a tenant in excess of

662-22   the actual charge imposed on the owner for utility consumption by

662-23   the apartment house; and

662-24                     (B)  maintain adequate records, including utility

662-25   bills and records concerning the central system utility or

662-26   nonsubmetered master metered utility service consumption of the

662-27   apartment house, the charges assessed by the utility, and the

 663-1   allocation of central system utilities' costs or nonsubmetered

 663-2   master metered utility service costs to the tenants and make the

 663-3   records available for inspection by the tenants during normal

 663-4   business hours.

 663-5         (c)  A rule adopted under this section has the same effect as

 663-6   a rule adopted under Title 2, and an owner, operator, or manager of

 663-7   an apartment house subject to this subchapter is subject to

 663-8   enforcement under Sections 15.021, 15.022, 15.028, 15.029, 15.030,

 663-9   15.031, 15.032, and 15.033.  (V.A.C.S. Art. 1446f, Sec. 2.)

663-10            (Sections 184.053-184.070 reserved for expansion)

663-11               SUBCHAPTER E.  LIABILITY FOR RULE VIOLATION

663-12         Sec. 184.071.  LIABILITY.  (a)  A landlord who violates a

663-13   commission rule relating to submetering of electric utilities

663-14   consumed exclusively in a tenant's dwelling unit or a rule relating

663-15   to the allocation of central system utility costs or nonsubmetered

663-16   master metered electric utility costs is liable to the tenant for:

663-17               (1)  three times the amount of any overcharge;

663-18               (2)  a civil penalty equal to one month's rent;

663-19               (3)  reasonable attorney's fees; and

663-20               (4)  court costs.

663-21         (b)  A landlord is not liable for the civil penalty provided

663-22   by Subsection (a)(2) if the landlord proves that the landlord's

663-23   violation of the rule was an unintentional mistake made in good

663-24   faith.  (V.A.C.S. Art. 1446g.)

663-25              CHAPTER 185.  RATING OF SOLAR ENERGY DEVICES

663-26   Sec. 185.001.  DEFINITIONS 

663-27   Sec. 185.002.  COMPLIANCE 

 664-1   Sec. 185.003.  ADOPTION OF STANDARDS 

 664-2   Sec. 185.004.  USE OF NATIONAL STANDARDS 

 664-3   Sec. 185.005.  REVIEW OF STANDARDS 

 664-4              CHAPTER 185.  RATING OF SOLAR ENERGY DEVICES

 664-5         Sec. 185.001.  DEFINITIONS.  In this chapter:

 664-6               (1)  "Commission" means the Public Utility Commission

 664-7   of Texas.

 664-8               (2)  "Solar energy device" means a solar energy

 664-9   collector or solar energy system that provides for the collection

664-10   of solar energy or the subsequent use of that energy as thermal,

664-11   mechanical, or electrical energy.  (V.A.C.S. Art. 1446c-1, Sec. 1.)

664-12         Sec. 185.002.  COMPLIANCE.  A person who rates, labels, or

664-13   certifies the performance of a solar energy device in this state

664-14   shall comply with the standards adopted by the commission under

664-15   this chapter.  (V.A.C.S. Art. 1446c-1, Sec. 5.)

664-16         Sec. 185.003.  ADOPTION OF STANDARDS.  (a)  The commission

664-17   shall study and adopt standards for rating solar energy devices.

664-18   The standards shall be used in performance labeling and

664-19   certification of solar energy devices in this state.

664-20         (b)  The commission shall examine rating standards and

664-21   certification programs used by other states and by industry in

664-22   adopting standards under this section.

664-23         (c)  The commission shall adopt the standards that the

664-24   commission finds are the most widely used unless the commission

664-25   finds that those standards are not suitable for use in this state.

664-26   If the commission finds that a widely used standard is not

664-27   suitable, the commission may amend the standard or adopt a standard

 665-1   that the commission finds suitable.  (V.A.C.S. Art. 1446c-1, Sec.

 665-2   2.)

 665-3         Sec. 185.004.  USE OF NATIONAL STANDARDS.  If national

 665-4   standards for rating and certifying solar energy devices are

 665-5   developed by a federal agency in conjunction with the states and

 665-6   industry, the commission shall adopt those national standards as

 665-7   the standards for use in this state.  (V.A.C.S. Art. 1446c-1, Sec.

 665-8   4.)

 665-9         Sec. 185.005.  REVIEW OF STANDARDS.  The commission shall

665-10   periodically review the standards adopted under this chapter and

665-11   shall amend those standards as necessary to ensure that the

665-12   standards are:

665-13               (1)  appropriate in view of current technology; and

665-14               (2)  the same as or similar to the standards widely

665-15   used by other states and by industry.  (V.A.C.S. Art. 1446c-1, Sec.

665-16   3.)

665-17           CHAPTER 186.  PROVISIONS TO ENSURE THE RELIABILITY

665-18                    AND INTEGRITY OF UTILITY SERVICE

665-19              SUBCHAPTER A.  CONTINUITY OF UTILITY SERVICE

665-20   Sec. 186.001.  DEFINITION 

665-21   Sec. 186.002.  POLICY 

665-22   Sec. 186.003.  ENFORCEMENT BY EXECUTIVE DEPARTMENT 

665-23   Sec. 186.004.  UNLAWFUL PICKETING, THREATS, OR

665-24                    INTIMIDATION 

665-25   Sec. 186.005.  RESTRAINING ORDER 

665-26   Sec. 186.006.  EMPLOYEE RIGHTS 

665-27            (Sections 186.007-186.020 reserved for expansion)

 666-1         SUBCHAPTER B.  MANIPULATION OF SERVICE FOR CERTAIN LAW

 666-2                          ENFORCEMENT PURPOSES

 666-3   Sec. 186.021.  EMERGENCY INVOLVING HOSTAGE OR ARMED SUSPECT 

 666-4            (Sections 186.022-186.030 reserved for expansion)

 666-5             SUBCHAPTER C.  FRAUDULENT OBTAINING OF SERVICE

 666-6   Sec. 186.031.  DEFINITIONS 

 666-7   Sec. 186.032.  FRAUDULENTLY OBTAINING TELECOMMUNICATIONS

 666-8                    SERVICES 

 666-9   Sec. 186.033.  DISPOSITION OF CERTAIN EQUIPMENT 

666-10            (Sections 186.034-186.040 reserved for expansion)

666-11       SUBCHAPTER D.  AVAILABILITY OF EMERGENCY TELEPHONE SERVICE

666-12   Sec. 186.041.  DEFINITIONS 

666-13   Sec. 186.042.  OBSTRUCTION OF EMERGENCY TELEPHONE CALL;

666-14                    PENALTY 

666-15   Sec. 186.043.  FALSIFICATION OF EMERGENCY TELEPHONE CALL;

666-16                    PENALTY 

666-17   Sec. 186.044.  NOTICE OF CERTAIN OFFENSES REQUIRED 

666-18   Sec. 186.045.  FAILURE TO PROVIDE NOTICE; PENALTY 

666-19           CHAPTER 186.  PROVISIONS TO ENSURE THE RELIABILITY

666-20                    AND INTEGRITY OF UTILITY SERVICE

666-21              SUBCHAPTER A.  CONTINUITY OF UTILITY SERVICE

666-22         Sec. 186.001.  DEFINITION.  In this subchapter, "public

666-23   utility"  means a private corporation that does business in this

666-24   state and has the right of eminent domain, a municipality, or a

666-25   state agency, authority, or subdivision engaged in the business of:

666-26               (1)  generating, transmitting, or distributing electric

666-27   energy to the public;

 667-1               (2)  producing, transmitting, or distributing natural

 667-2   or artificial gas to the public; or

 667-3               (3)  furnishing water to the public.  (V.A.C.S.

 667-4   Art. 1446a, Sec. 2.)

 667-5         Sec. 186.002.  POLICY.  (a)  Continuous service by a public

 667-6   utility is essential to the life, health, and safety of the public.

 667-7   A person's wilful interruption of that service is a public calamity

 667-8   that cannot be endured.

 667-9         (b)  A public utility is dedicated to public service.  The

667-10   primary duty of a public utility, including its management and

667-11   employees, is to maintain continuous and adequate service at all

667-12   times to protect the safety and health of the public against the

667-13   danger inherent in the interruption of service.

667-14         (c)  Each court and administrative agency of this state

667-15   shall:

667-16               (1)  recognize the policy stated in this section; and

667-17               (2)  interpret and apply this subchapter in accordance

667-18   with that policy.  (V.A.C.S. Art. 1446a, Sec. 1.)

667-19         Sec. 186.003.  ENFORCEMENT BY EXECUTIVE DEPARTMENT.  In

667-20   accordance with Section 186.002, the governor, and the department

667-21   of the executive branch of government under the governor's

667-22   direction, shall exercise all power available under the

667-23   constitution and laws of this state to protect the public from

667-24   dangers incident to an interruption in water, electric, or gas

667-25   utility service in this state that occurs because of a violation of

667-26   this subchapter.  (V.A.C.S. Art. 1446a, Sec. 6.)

667-27         Sec. 186.004.  UNLAWFUL PICKETING, THREATS, OR INTIMIDATION.

 668-1   (a)  A person may not:

 668-2               (1)  picket the plant, premises, or other property of a

 668-3   public utility with intent to disrupt the service of that utility

 668-4   or to prevent the maintenance of that service; or

 668-5               (2)  engage in picketing that has the effect of

 668-6   disrupting the service of a public utility or preventing the

 668-7   maintenance of that service.

 668-8         (b)  A person may not:

 668-9               (1)  intimidate, threaten, or harass an employee of a

668-10   public utility with intent to disrupt the service of the utility or

668-11   prevent the maintenance of that service; or

668-12               (2)  intimidate, threaten, or harass an employee of a

668-13   public utility if that conduct has the effect of disrupting the

668-14   service of the utility or preventing the maintenance of that

668-15   service.  (V.A.C.S. Art. 1446a, Sec. 3.)

668-16         Sec. 186.005.  RESTRAINING ORDER.  (a)  A district court

668-17   shall immediately inquire into the matter if a public utility

668-18   presents a verified petition to the court:

668-19               (1)  alleging that in the judicial district of the

668-20   court a person is violating or threatening to violate Section

668-21   186.004 and that the violation or threatened violation will

668-22   interfere with the maintenance of adequate water, electric, or gas

668-23   service; and

668-24               (2)  describing the acts committed in violation of

668-25   Section 186.004, or the threatened acts that, if committed, will

668-26   violate Section 186.004.

668-27         (b)  If it appears that there is a violation or threatened

 669-1   violation of Section 186.004, the court shall immediately issue an

 669-2   order restraining the person, the person's agent, and any other

 669-3   person acting with them from committing an act prohibited by that

 669-4   section.

 669-5         (c)  A restraining order issued under this section is

 669-6   effective when the petitioner files with the clerk of the court a

 669-7   good and sufficient bond in an amount set by the court to cover

 669-8   court costs that may reasonably accrue in connection with the case.

 669-9   A judgment rendered in the case may not be superseded pending

669-10   appeal.

669-11         (d)  Venue for a suit under this section is in any judicial

669-12   district in which the violation or threat to violate occurs.

669-13   (V.A.C.S. Art. 1446a, Sec. 4.)

669-14         Sec. 186.006.  EMPLOYEE RIGHTS.  This subchapter does not

669-15   limit the right of an employee of a public utility to:

669-16               (1)  quit work and leave the employer's premises at any

669-17   time the employee chooses; or

669-18               (2)  refuse to report for work when the employee does

669-19   not want to report.  (V.A.C.S. Art. 1446a, Sec. 7.)

669-20            (Sections 186.007-186.020 reserved for expansion)

669-21         SUBCHAPTER B.  MANIPULATION OF SERVICE FOR CERTAIN LAW

669-22                          ENFORCEMENT PURPOSES

669-23         Sec. 186.021.  EMERGENCY INVOLVING HOSTAGE OR ARMED SUSPECT.

669-24   (a)  In an emergency in which the supervising law enforcement

669-25   official having jurisdiction in the geographical area has probable

669-26   cause to believe that an armed and barricaded suspect or a person

669-27   holding a hostage is committing a crime, the supervising law

 670-1   enforcement official may order a designated telephone company

 670-2   security official to cut or otherwise control telephone lines to

 670-3   prevent telephone communication by the armed suspect or the hostage

 670-4   holder with a person other than a peace officer or person

 670-5   authorized by a peace officer.

 670-6         (b)  The serving telephone company in the geographical area

 670-7   of a law enforcement unit shall designate a telephone company

 670-8   security official and an alternate to provide all required

 670-9   assistance to law enforcement officials to carry out this section.

670-10         (c)  Good faith reliance on an order given by a supervising

670-11   law enforcement official under this section is a complete defense

670-12   to a civil or criminal action brought against a telephone company

670-13   or the company's director, officer, agent, or employee as a result

670-14   of compliance with the order.  (V.A.C.S. Art. 1432b.)

670-15            (Sections 186.022-186.030 reserved for expansion)

670-16             SUBCHAPTER C.  FRAUDULENT OBTAINING OF SERVICE

670-17         Sec. 186.031.  DEFINITIONS.  In this subchapter:

670-18               (1)  "Publish" means to communicate information to

670-19   another by any means.

670-20               (2)  "Telecommunications service" means the

670-21   transmission of a message or other information by a public utility,

670-22   including a telephone or telegraph company.  (V.A.C.S.  Art. 1446b,

670-23   Sec. 1.)

670-24         Sec. 186.032.  FRAUDULENTLY OBTAINING TELECOMMUNICATIONS

670-25   SERVICES.  (a)  A person commits an offense if:

670-26               (1)  knowing that another will use the published

670-27   information to avoid payment of a charge for telecommunications

 671-1   service, the person publishes:

 671-2                     (A)  an existing, cancelled, revoked, or

 671-3   nonexistent telephone number;

 671-4                     (B)  a credit number or other credit device; or

 671-5                     (C)  a method of numbering or coding that is used

 671-6   in issuing telephone numbers or credit devices, including credit

 671-7   numbers; or

 671-8               (2)  the person makes or possesses equipment

 671-9   specifically designed to be used fraudulently to avoid charges for

671-10   telecommunications service.

671-11         (b)  An offense under this section is a misdemeanor

671-12   punishable by a fine of not more than $500, by confinement in jail

671-13   for not more than 60 days, or by both, unless the person has been

671-14   previously convicted of an offense under this section.  A second or

671-15   subsequent offense is a felony punishable by a fine of not more

671-16   than $5,000, by imprisonment in the penitentiary for not less than

671-17   two years and not more than five years, or by both.

671-18         (c)  This section does not apply to an employee of a public

671-19   utility who provides telecommunications service while acting in the

671-20   course of employment.  (V.A.C.S. Art. 1446b, Secs. 2, 4.)

671-21         Sec. 186.033.  DISPOSITION OF CERTAIN EQUIPMENT.  (a)  A

671-22   peace officer may seize equipment described by Section

671-23   186.032(a)(2) under a warrant or incident to a lawful arrest.

671-24         (b)  If the person who possessed equipment seized under

671-25   Subsection (a) is convicted under Section 186.032, the court

671-26   entering the judgment of conviction shall order the sheriff to

671-27   destroy the equipment.  (V.A.C.S. Art. 1446b, Sec. 3.)

 672-1            (Sections 186.034-186.040 reserved for expansion)

 672-2       SUBCHAPTER D.  AVAILABILITY OF EMERGENCY TELEPHONE SERVICE

 672-3         Sec. 186.041.  DEFINITIONS.  In this subchapter:

 672-4               (1)  "Emergency" means a situation in which property or

 672-5   human life is in jeopardy and the prompt summoning of aid is

 672-6   essential.

 672-7               (2)  "Party line" means a subscriber's telephone

 672-8   circuit, consisting of two or more main telephone stations

 672-9   connected with the circuit, each station with a distinctive ring or

672-10   telephone number.  (V.A.C.S. Art. 1432a, Sec. 3.)

672-11         Sec. 186.042.  OBSTRUCTION OF EMERGENCY TELEPHONE CALL;

672-12   PENALTY.  (a)  A person commits an offense if:

672-13               (1)  the person wilfully refuses to relinquish a party

672-14   line immediately on being informed that the line is needed for an

672-15   emergency call described by Subdivision (2); and

672-16               (2)  the party line is needed for an emergency call:

672-17                     (A)  to a fire or police department; or

672-18                     (B)  for medical aid or an ambulance service.

672-19         (b)  An offense under this section is a misdemeanor

672-20   punishable by:

672-21               (1)  a fine of not less than $25 and not more than

672-22   $500;

672-23               (2)  confinement in the county jail for not more than

672-24   one month; or

672-25               (3)  both fine and confinement.  (V.A.C.S. Art. 1432a,

672-26   Sec. 1.)

672-27         Sec. 186.043.  FALSIFICATION OF EMERGENCY TELEPHONE CALL;

 673-1   PENALTY.  (a)  A person commits an offense if the person secures

 673-2   the use of a party line by falsely stating that the line is needed

 673-3   for an emergency call:

 673-4               (1)  to a fire or police department; or

 673-5               (2)  for medical aid or an ambulance service.

 673-6         (b)  An offense under this section is a misdemeanor

 673-7   punishable by:

 673-8               (1)  a fine of not less than $25 and not more than

 673-9   $500;

673-10               (2)  confinement in the county jail for not more than

673-11   one month; or

673-12               (3)  both fine and confinement.  (V.A.C.S. Art. 1432a,

673-13   Sec. 2.)

673-14         Sec. 186.044.  NOTICE OF CERTAIN OFFENSES REQUIRED.  (a)  A

673-15   telephone directory distributed to the public in this state that

673-16   lists the telephone numbers of an exchange located in this state

673-17   must contain a notice explaining the offenses under Sections

673-18   186.042 and 186.043.  The notice must be:

673-19               (1)  printed in type not smaller than the smallest type

673-20   on the same page; and

673-21               (2)  preceded by the word "warning" printed in type at

673-22   least as large as the largest type on the same page.

673-23         (b)  At least once each year, a person providing telephone

673-24   service shall enclose in the telephone bill mailed to each person

673-25   who uses a party line telephone a notice of Sections 186.042 and

673-26   186.043.

673-27         (c)  This section does not apply to a directory, commonly

 674-1   known as a classified directory, that is distributed solely for

 674-2   business advertising purposes.  (V.A.C.S. Art. 1432a, Sec.  4

 674-3   (part).)

 674-4         Sec. 186.045.  FAILURE TO PROVIDE NOTICE; PENALTY.  (a)  A

 674-5   person providing telephone service commits an offense if the

 674-6   person:

 674-7               (1)  distributes copies of a telephone directory

 674-8   subject to Section 186.044(a) from which the notice required by

 674-9   that section is wilfully omitted; or

674-10               (2)  wilfully fails to enclose in telephone bills the

674-11   notice required by Section 186.044(b).

674-12         (b)  An offense under this section is a misdemeanor

674-13   punishable by a fine of not less than $25 and not more than $500.

674-14   (V.A.C.S. Art. 1432a, Sec. 4 (part).)

674-15         SECTION 2.  CONFORMING AMENDMENT.  Title 4, Water Code, is

674-16   amended by adding Chapter 67 to read as follows:

674-17         CHAPTER 67.  WATER SUPPLY OR SEWER SERVICE CORPORATIONS

674-18         Sec. 67.001.  DEFINITIONS.  In this chapter:

674-19               (1)  "Board" means the board of directors of a

674-20   corporation.

674-21               (2)  "Corporation" means a water supply or sewer

674-22   service corporation operating under this chapter.

674-23               (3)  "Director" means a member of the board of

674-24   directors. (New.)

674-25         Sec. 67.002.  PURPOSE OF CORPORATION.  A corporation may be

674-26   organized under this chapter to provide:

674-27               (1)  water supply, sewer service, or both for a

 675-1   municipality, a private corporation, an individual, or a military

 675-2   camp or base; or

 675-3               (2)  flood control and a drainage system for a

 675-4   political subdivision or for another person. (V.A.C.S. Art. 1434a,

 675-5   Sec. 1 (part).)

 675-6         Sec. 67.003.  CREATION OF CORPORATION.  (a)  Three or more

 675-7   individuals who are citizens of this state may form a corporation

 675-8   by making an application to the secretary of state in the same

 675-9   manner as provided by law for an application for a private

675-10   corporation.

675-11         (b)  The application for charter must include the number of

675-12   directors and the name of each director.

675-13         (c)  The name designated for the corporation must include the

675-14   words "Water Supply Corporation."  (V.A.C.S. Art. 1434a, Secs. 1

675-15   (part), 3(a) (part).)

675-16         Sec. 67.004.  APPLICATION OF TEXAS NON-PROFIT CORPORATION

675-17   ACT.  To the extent it does not conflict with this chapter, the

675-18   Texas Non-Profit Corporation Act (Article 1396-1.01 et seq.,

675-19   Vernon's Texas Civil Statutes) applies to a corporation created

675-20   under:

675-21               (1)  this chapter; or

675-22               (2)  Chapter 76, Acts of the 43rd Legislature, 1st

675-23   Called Session, 1933 (Article 1434a, Vernon's Texas Civil

675-24   Statutes).  (V.A.C.S. Art. 1434a, Sec.  2(d).)

675-25         Sec. 67.005.  DIRECTORS.  (a)  A corporation may not have

675-26   more than 21 directors.

675-27         (b)  The corporation may increase the number of directors by

 676-1   amendment to the bylaws but may not exceed the limit imposed by

 676-2   Subsection (a).

 676-3         (c)  The bylaws of the corporation may provide that directors

 676-4   serve staggered terms of approximately two or three years.

 676-5         (d)  At the first annual meeting of the shareholders, the

 676-6   directors shall be divided into two or three classes according to

 676-7   the length of the terms the directors serve.  The classification of

 676-8   directors may not take effect before that meeting.

 676-9         (e)  The division of the directors and the corresponding

676-10   terms must be set so that:

676-11               (1)  one-half of the directors, as nearly as possible,

676-12   are elected annually, if a two-year term is provided; or

676-13               (2)  one-third of the directors, as nearly as possible,

676-14   are elected annually, if a three-year term is provided.

676-15         (f)  After the implementation of two-year or three-year terms

676-16   for directors, as directors' terms expire, the members shall elect

676-17   their successors to serve until the second or third succeeding

676-18   annual meeting after their election, as appropriate.  (V.A.C.S.

676-19   Art. 1434a, Secs. 3(a) (part), (b).)

676-20         Sec. 67.006.  OFFICERS.  (a)  The board shall elect a

676-21   president, a vice president, and a secretary-treasurer following

676-22   the issuance of a charter and after each annual meeting of the

676-23   membership or shareholders.

676-24         (b)  The board may require a bond of an officer for faithful

676-25   performance of the officer's duties.

676-26         (c)  The salary of an officer of the corporation other than

676-27   secretary-treasurer or a manager employed under Section 67.012 may

 677-1   not exceed $5,000 a year.  The board shall set the

 677-2   secretary-treasurer's salary at an amount commensurate with the

 677-3   secretary-treasurer's duties.  (V.A.C.S.  Art. 1434a, Sec. 5

 677-4   (part).)

 677-5         Sec. 67.007.  ANNUAL MEETING.  The annual meeting of the

 677-6   members or shareholders of the corporation must be held between

 677-7   January 1 and May 1 at a time specified by the bylaws or the board.

 677-8   (V.A.C.S. Art. 1434a, Sec. 5 (part).)

 677-9         Sec. 67.008.  DISTRIBUTION OF PROFITS.  (a)  The

677-10   incorporators may provide in the charter of the corporation that a

677-11   dividend will not be paid on the stock and that all profits of the

677-12   corporation will be paid annually to political subdivisions or

677-13   other persons that have transacted business with the corporation

677-14   during the previous year.

677-15         (b)  The corporation shall distribute any profits under

677-16   Subsection (a) in direct proportion to the amount of business the

677-17   corporation transacts with each entity during that year.

677-18         (c)  The corporation may not make a distribution under

677-19   Subsection (a) if the corporation has unpaid indebtedness.

677-20         (d)  A corporation may allocate to a sinking fund an amount

677-21   of the annual profits as determined necessary by the board for

677-22   maintenance, operation, and replacements.  (V.A.C.S. Art. 1434a,

677-23   Sec. 1 (part).)

677-24         Sec. 67.009.  FACILITIES.  A corporation may construct,

677-25   acquire, lease, improve, or maintain a facility, plant, equipment,

677-26   or appliance helpful or necessary to provide more adequate sewer

677-27   service, flood control, or drainage for a political subdivision.

 678-1   (V.A.C.S. Art. 1434a, Sec. 2(c).)

 678-2         Sec. 67.010.  POWER TO CONTRACT WITH OTHER ENTITIES.  (a)  A

 678-3   corporation may enter into a contract with any political

 678-4   subdivision, federal agency, or other entity for the acquisition,

 678-5   construction, or maintenance of a project or improvement for an

 678-6   authorized purpose.

 678-7         (b)  A corporation may obtain money from any political

 678-8   subdivision of this state, federal agency, or other entity to

 678-9   finance the acquisition or construction of a project or improvement

678-10   for an authorized purpose.

678-11         (c)  A corporation may encumber the project or improvement

678-12   and may encumber any revenue derived from the operation of the

678-13   project or improvement.  The corporation may issue bonds, notes, or

678-14   warrants to secure payment of funds received.  Indebtedness

678-15   authorized by this subsection is a charge only on specifically

678-16   encumbered property and revenues and is not a general obligation of

678-17   indebtedness of the corporation.

678-18         (d)  A political subdivision may contract with a corporation

678-19   under Section 402.014, Local Government Code, to carry out this

678-20   chapter.  (V.A.C.S. Art. 1434a, Secs. 2(a), (b).)

678-21         Sec. 67.011.  POWERS OF CORPORATION IN CERTAIN COUNTIES.  In

678-22   a county with a population of less than 2 million, a corporation

678-23   may:

678-24               (1)  own, hold, lease, or otherwise acquire water

678-25   wells, springs, or other sources of water supply;

678-26               (2)  build, operate, and maintain pipelines to

678-27   transport water or wastewater;

 679-1               (3)  build and operate plants and equipment necessary

 679-2   to distribute water or to treat and dispose of wastewater; and

 679-3               (4)  sell water or provide wastewater services to a

 679-4   political subdivision, a private corporation, or an individual.

 679-5   (V.A.C.S. Art. 1434a, Sec. 4 (part).)

 679-6         Sec. 67.012.  USE OF MANAGER.  The board may employ a manager

 679-7   to handle the business of the corporation under the direction of

 679-8   the board.  The board shall set the salary for the manager.

 679-9   (V.A.C.S. Art. 1434a, Sec. 6.)

679-10         Sec. 67.013.  USE OF COUNSEL.  The board may employ and

679-11   compensate counsel to represent the corporation as the board

679-12   determines is necessary.  (V.A.C.S. Art. 1434a, Sec. 7.)

679-13         Sec. 67.014.  DEPOSITORY OF FUNDS.  (a)  The board shall

679-14   select as depository for the funds of the corporation a bank in

679-15   this state that is insured by the Federal Deposit Insurance

679-16   Corporation and require from the depository a bond in an amount the

679-17   board finds necessary to protect the corporation.

679-18         (b)  Funds allocated by the board to a sinking fund for

679-19   replacement, amortization of debts, and the payment of interest

679-20   that are not required to be spent in the year in which deposited

679-21   shall be:

679-22               (1)  invested in bonds or other evidence of

679-23   indebtedness of the United States;

679-24               (2)  placed with the depository in an interest-bearing

679-25   savings account; or

679-26               (3)  invested in shares or share accounts in a savings

679-27   and loan association insured by the Federal Deposit Insurance

 680-1   Corporation.  (V.A.C.S. Art. 1434a, Sec. 8, as amended Acts 57th

 680-2   Leg., R.S., Ch. 81; Acts 57th Leg., 1st C.S., Ch. 54.)

 680-3         Sec. 67.015.  EXEMPTION FROM SECURITIES ACT.  The Securities

 680-4   Act (Article 581-1 et seq., Vernon's Texas Civil Statutes) does not

 680-5   apply to:

 680-6               (1)  a note, bond, or other evidence of indebtedness

 680-7   issued by a corporation doing business in this state to the United

 680-8   States;

 680-9               (2)  an instrument executed to secure a debt of a

680-10   corporation to the United States; or

680-11               (3)  the issuance of a membership certificate or stock

680-12   certificate of a corporation.  (V.A.C.S. Art. 1434a, Sec. 9.)

680-13         Sec. 67.016.  TRANSFER OR CANCELLATION OF RIGHT OF

680-14   PARTICIPATION.  (a)  A person or entity that owns any stock of, is

680-15   a member of, or has some other right of participation in a

680-16   corporation may not sell or transfer that right of participation to

680-17   another person or entity except:

680-18               (1)  by will to a person who is related to the testator

680-19   within the second degree by consanguinity;

680-20               (2)  by transfer without compensation to a person who

680-21   is related to the owner of the stock or other interest within the

680-22   second degree by consanguinity; or

680-23               (3)  by transfer without compensation or by sale to the

680-24   corporation.

680-25         (b)  Subsection (a) does not apply to a person or entity that

680-26   transfers the right of participation to another person or entity as

680-27   part of the conveyance of real estate from which the right of

 681-1   participation arose.

 681-2         (c)  The transfer of a right of participation under this

 681-3   section does not entitle the transferee to water or sewer service

 681-4   unless each condition for water or sewer service is met as provided

 681-5   in the corporation's published rates, charges, and conditions of

 681-6   service.  A transfer and service application must be completed on

 681-7   the corporation's standardized forms and filed with the

 681-8   corporation's office in a timely manner.  The conditions of service

 681-9   may not require a personal appearance in the office of the

681-10   corporation if the transferee accepts in writing the rates,

681-11   charges, and conditions of service.

681-12         (d)  The corporation may make water or sewer service provided

681-13   as a result of a right of participation in the corporation

681-14   conditional on ownership of the real estate designated to receive

681-15   service and from which the right of participation arises.

681-16         (e)  The corporation may cancel a person's or other entity's

681-17   right of participation if the person or entity fails to:

681-18               (1)  meet the conditions for water or sewer service

681-19   prescribed by the corporation's published rates, charges, and

681-20   conditions of service; or

681-21               (2)  comply with any other condition placed on the

681-22   receipt of water or sewer service under the right of participation.

681-23         (f)  Consistent with Subsection (a), the corporation may

681-24   reassign a canceled right of participation to a person or entity

681-25   that has legal title to the real estate from which the canceled

681-26   right of participation arose and for which water or sewer service

681-27   is requested.

 682-1         (g)  Notwithstanding Subsection (a), the corporation shall

 682-2   reassign a canceled right of participation to a person or entity

 682-3   that acquires the real estate from which the right of participation

 682-4   arose through judicial or nonjudicial foreclosure.  The corporation

 682-5   may require proof of ownership resulting from the foreclosure.

 682-6         (h)  Service provided following a transfer under Subsection

 682-7   (f) or (g) is made subject to compliance with the conditions for

 682-8   water or sewer service prescribed by the corporation's published

 682-9   rates, charges, and conditions of service.  (V.A.C.S. Art. 1434a,

682-10   Sec. 9A.)

682-11         Sec. 67.017.  VOLUNTARY CONTRIBUTIONS ON BEHALF OF EMERGENCY

682-12   SERVICES.  (a)  A corporation may as part of its billing process

682-13   collect from its customers a voluntary contribution, including a

682-14   voluntary membership or subscription fee, on behalf of a volunteer

682-15   fire department or an emergency medical service.

682-16         (b)  A corporation that collects contributions under this

682-17   section shall provide each customer at the time that the customer

682-18   first subscribes to the water or sewer service, and at least

682-19   annually thereafter, a written statement:

682-20               (1)  describing the procedure by which the customer may

682-21   make a contribution with the customer's bill payment;

682-22               (2)  designating the volunteer fire department or

682-23   emergency medical service to which the corporation will deliver the

682-24   contribution;

682-25               (3)  informing the customer that a contribution is

682-26   voluntary; and

682-27               (4)  describing the deductibility status of the

 683-1   contribution under federal income tax law.

 683-2         (c)  A billing by the corporation that includes a voluntary

 683-3   contribution under this section must clearly state that the

 683-4   contribution is voluntary and that it may be deducted from the

 683-5   billed amount.

 683-6         (d)  The corporation shall promptly deliver contributions

 683-7   that it collects under this section to the designated volunteer

 683-8   fire department or emergency medical service, except that the

 683-9   corporation may keep from the contributions an amount equal to the

683-10   lesser of:

683-11               (1)  the corporation's expenses in administering the

683-12   contribution program; or

683-13               (2)  five percent of the amount collected as

683-14   contributions.  (V.A.C.S.  Art. 1434a, Sec. 4A.)

683-15         SECTION 3.  CONFORMING AMENDMENT.  Chapter 402, Local

683-16   Government Code, is amended by adding Subchapter F to read as

683-17   follows:

683-18               SUBCHAPTER F.  MUNICIPAL WATER CORPORATIONS

683-19                       AND MUNICIPAL WATER SYSTEMS

683-20         Sec. 402.101.  MUNICIPAL WATER CONTRACTS.  The governing body

683-21   of a municipality in which there is a water corporation may

683-22   contract with the corporation to supply water to a street, alley,

683-23   lot, square, or public place in a municipality.   (V.A.C.S.

683-24   Art. 1434.)

683-25         Sec. 402.102.  EMINENT DOMAIN BY MUNICIPAL SEWER PROVIDERS.

683-26   (a)  A corporation incorporated in this state for the purpose of

683-27   owning, constructing, or maintaining a sewer system in a

 684-1   municipality may by eminent domain condemn private property to:

 684-2               (1)  construct and maintain sewer pipes, mains and

 684-3   laterals, and connections; and

 684-4               (2)  maintain vats, filtration pipes, and other pipes

 684-5   for the final disposition of sewage.

 684-6         (b)  A corporation may exercise a power described by

 684-7   Subsection (a) only if:

 684-8               (1)  the use of private property is necessary for the

 684-9   successful operation of the sewer system; and

684-10               (2)  the sewer system is beneficial to the public use,

684-11   health, or convenience.

684-12         (c)  The power of eminent domain may not be used under this

684-13   section in the boundaries of a municipality unless permitted or

684-14   required by the municipality granting a franchise to the

684-15   corporation seeking the right of condemnation.  (V.A.C.S.

684-16   Art. 1439.)

684-17         Sec. 402.103.  RIGHTS OF WATER CORPORATION PROVIDING SERVICE

684-18   TO MUNICIPALITY; EMINENT DOMAIN.  (a)  A water corporation in a

684-19   municipality may sell and furnish water required by a municipality

684-20   for a public or private building or for any other purpose.

684-21         (b)  A water corporation may lay water system pipes, mains,

684-22   or conductors through a street, alley, lane, or square of a

684-23   municipality if the governing body of the municipality consents,

684-24   subject to any regulation by the governing body.

684-25         (c)  If necessary to preserve the public health, a water

684-26   corporation incorporated under state law to construct waterworks or

684-27   to furnish water supply to a municipality may exercise the power of

 685-1   eminent domain to condemn private property necessary to construct a

 685-2   supply reservoir or standpipe for water work.  (V.A.C.S. Art. 1433

 685-3   (part).)

 685-4         Sec. 402.104.  LOCATION OF WATER LINES OUTSIDE MUNICIPAL

 685-5   BOUNDARIES.  (a)  A water corporation or municipality may lay water

 685-6   system pipes, mains, conductors, or other fixtures through, under,

 685-7   along, across, or over a public road, a public street, or a public

 685-8   waterway not in a municipality in a manner that does not

 685-9   inconvenience the public using the road, street, or waterway.

685-10         (b)  A water corporation or municipality proposing under this

685-11   subchapter to build a water line along the right-of-way of a state

685-12   highway or county road not in a municipality shall give notice of

685-13   the proposal to:

685-14               (1)  the Texas Transportation Commission, if the

685-15   proposal relates to a state highway; or

685-16               (2)  the commissioners court of the county if the

685-17   proposal relates to a county road.

685-18         (c)  On receipt of notice under Subsection (b), the Texas

685-19   Transportation Commission or commissioners court may designate the

685-20   location in the right-of-way where the corporation or municipality

685-21   may construct the water line.  (V.A.C.S. Arts. 1433 (part), 1433a

685-22   (part).)

685-23         Sec. 402.105.  RELOCATION OF WATER LINE TO ALLOW CHANGE TO

685-24   TRAFFIC LANE.  (a)  The authority of the Texas Transportation

685-25   Commission under this section is limited to a water line on a state

685-26   highway not in a municipality.  The authority of the commissioners

685-27   court under this section is limited to a water line on a county

 686-1   road not in a municipality.

 686-2         (b)  The Texas Transportation Commission or the commissioners

 686-3   court of a county may require a water corporation or municipality

 686-4   to relocate the corporation's or municipality's water line at the

 686-5   corporation's or municipality's own expense to allow the widening

 686-6   or other changing of a traffic lane.

 686-7         (c)  To impose a requirement under this section, the Texas

 686-8   Transportation Commission or the commissioners court, as

 686-9   appropriate, must give to the water corporation or municipality 30

686-10   days' written notice of the requirement.  The notice must identify

686-11   the water line to be relocated and indicate the location on the new

686-12   right-of-way where the corporation or municipality may place the

686-13   line.  (V.A.C.S. Arts. 1433 (part), 1433a (part).)

686-14         SECTION 4.  CONFORMING AMENDMENT.  Subchapter Z, Chapter 402,

686-15   Local Government Code, is amended by adding Section 402.906 to read

686-16   as follows:

686-17         Sec. 402.906.  MUNICIPAL UTILITY PLANTS.  (a)  This section

686-18   applies only to a general-law municipality that owns a utility

686-19   plant that provides utility service.

686-20         (b)  The governing body of a municipality may:

686-21               (1)  by ordinance regulate the rates and compensation

686-22   charged the public by the municipality for utility service;

686-23               (2)  establish and operate a plant to manufacture,

686-24   generate, or produce utility service; and

686-25               (3)  sell and distribute utility service to the public

686-26   in the municipality's boundaries.

686-27         (c)  In this section, "utility service" means the provision

 687-1   of water, sewer service, gas, electric energy, or a substance used

 687-2   for lighting, heat, or power.  (V.A.C.S. Art. 1123.)

 687-3         SECTION 5.  CONFORMING AMENDMENT.  Chapter 91, Natural

 687-4   Resources Code, is amended by adding Subchapter H to read as

 687-5   follows:

 687-6      SUBCHAPTER H.  UNDERGROUND STORAGE FACILITIES FOR NATURAL GAS

 687-7         Sec. 91.251.  DEFINITIONS.  In this subchapter:

 687-8               (1)  "Intrastate gas pipeline facility" has the meaning

 687-9   assigned by the United States Department of Transportation under

687-10   Chapter 601, Title 49, United States Code (49 U.S.C. Section 60101

687-11   et seq.), and its subsequent amendments.

687-12               (2)  "Natural gas" means any gaseous material composed

687-13   primarily of methane in either its original or its manufactured

687-14   state.

687-15               (3)  "Natural gas underground storage" means the

687-16   storage of natural gas beneath the surface of the earth in a

687-17   formation, stratum, or reservoir.

687-18               (4)  "Storage facility" has the meaning assigned by

687-19   Section 91.173.  (V.A.C.S. Art. 6053-3, Secs. 1, 4(f) (part).)

687-20         Sec. 91.252.  COMMISSION JURISDICTION.  (a)  The commission

687-21   has jurisdiction over:

687-22               (1)  natural gas underground storage; and

687-23               (2)  surface and subsurface equipment and facilities

687-24   used for natural gas underground storage.

687-25         (b)  This subchapter does not apply to a storage facility

687-26   that is:

687-27               (1)  part of an interstate gas pipeline facility as

 688-1   defined by the United States Department of Transportation; and

 688-2               (2)  subject to federal minimum standards adopted under

 688-3   Chapter 601, Title 49, United States Code (49 U.S.C. Section 60101

 688-4   et seq.), and its subsequent amendments.  (V.A.C.S. Art. 6053-3,

 688-5   Secs. 2, 3.)

 688-6         Sec. 91.253.  COMMISSION ENFORCEMENT.  (a)  In addition to

 688-7   other authority specifically granted to the commission under this

 688-8   subchapter, the commission may enforce this subchapter or a rule

 688-9   adopted or an order or permit issued under this subchapter as

688-10   provided by Section 91.207.

688-11         (b)  Section 91.003 does not apply to this subchapter.

688-12   (V.A.C.S. Art. 6053-3, Sec. 10; New.)

688-13         Sec. 91.254.  INSPECTION; EXAMINATION; CREDENTIALS.  (a)  The

688-14   commission may inspect a storage facility for compliance with the

688-15   safety standards and practices and the recordkeeping requirements

688-16   adopted under Sections 91.255, 91.257, and 91.258.

688-17         (b)  To conduct an inspection under this section, a

688-18   commissioner or a designated commission employee or agent may enter

688-19   property on which a storage facility is located at a reasonable

688-20   time and in a reasonable manner to examine:

688-21               (1)  the facility and any related buildings or

688-22   equipment; and

688-23               (2)  the records required to be maintained at the

688-24   storage facility under Section 91.258.

688-25         (c)  A commissioner or a commission employee or agent may not

688-26   enter the premises of a storage facility having personnel on the

688-27   premises of the facility unless proper credentials are first

 689-1   presented to the person at the facility who is in charge of the

 689-2   property.  (V.A.C.S. Art. 6053-3, Sec. 6.)

 689-3         Sec. 91.255.  SAFETY STANDARDS AND PRACTICES.  (a)  The

 689-4   commission by rule shall adopt safety standards and practices for

 689-5   natural gas underground storage and storage facilities.  The

 689-6   standards and practices must:

 689-7               (1)  require the installation and periodic testing of

 689-8   safety devices;

 689-9               (2)  establish emergency notification procedures for

689-10   the operator of a facility in the event of a release of a hazardous

689-11   substance that poses a substantial risk to the public;

689-12               (3)  establish fire prevention and response procedures;

689-13               (4)  require training for the employees of the storage

689-14   facility on the safe operation of the storage facility; and

689-15               (5)  establish any other safety standard or practice

689-16   that is reasonable and necessary for underground natural gas

689-17   storage and the safe construction, operation, and maintenance of a

689-18   storage facility.

689-19         (b)  The commission may adopt different standards and

689-20   practices for different types of storage facilities and may

689-21   distinguish among natural gas underground storage in salt dome

689-22   caverns, depleted reservoirs, and embedded salt formations.

689-23         (c)  The commission may grant an exception to a standard or

689-24   practice adopted under this section in a permit or amended permit

689-25   issued to a storage facility if the exception will not constitute

689-26   an unreasonable danger to the public.

689-27         (d)  The commission may impose an additional standard or

 690-1   practice in a permit or amended permit issued to a storage

 690-2   facility.

 690-3         (e)  A safety standard or practice adopted by the commission

 690-4   for a storage facility that is part of an intrastate gas pipeline

 690-5   facility must be compatible with federal minimum standards.

 690-6         (f)  The commission shall require that records of safety

 690-7   device tests required by Subsection (a)(1) be:

 690-8               (1)  filed with the commission; or

 690-9               (2)  maintained by the owner or operator and made

690-10   available for inspection by the commission.  (V.A.C.S. Art. 6053-3,

690-11   Secs. 4(a), (b), (c), (d), (f) (part).)

690-12         Sec. 91.256.  LIMITATION ON POWERS OF MUNICIPALITIES AND

690-13   COUNTIES.  A municipality or county may not adopt or enforce an

690-14   ordinance that establishes a safety standard or practice applicable

690-15   to a storage facility that is subject to regulation under this

690-16   subchapter, another state law, or a federal law.  (V.A.C.S.

690-17   Art. 6053-3, Sec. 11.)

690-18         Sec. 91.257.  SAFETY PROCEDURE MANUAL.  The commission may

690-19   require the owner or operator of a storage facility to prepare a

690-20   safety procedure manual for each storage facility and to:

690-21               (1)  file a copy of the manual with the commission; or

690-22               (2)  make the manual available for inspection under

690-23   Section 91.254.  (V.A.C.S. Art. 6053-3, Sec. 4(e).)

690-24         Sec. 91.258.  RECORDS; REPORTS.  (a)  An owner or operator of

690-25   a storage facility shall:

690-26               (1)  maintain records and make reports relating to

690-27   construction, operation, or maintenance of the facility as required

 691-1   by commission rule; and

 691-2               (2)  provide any other information required by the

 691-3   commission relating to construction, operation, or maintenance of

 691-4   the facility.

 691-5         (b)  The commission may provide forms for reports required

 691-6   under Subsection (a).  (V.A.C.S. Art. 6053-3, Sec. 5.)

 691-7         Sec. 91.259.  DAMAGE TO STORAGE FACILITY; DISABLING A SAFETY

 691-8   DEVICE.  A person may not:

 691-9               (1)  intentionally damage or destroy a storage

691-10   facility; or

691-11               (2)  disable a safety device in a storage facility

691-12   except to:

691-13                     (A)  repair, maintain, test, or replace the

691-14   device; or

691-15                     (B)  conduct other activities that are reasonably

691-16   necessary for the safe operation of the storage facility.

691-17   (V.A.C.S. Art. 6053-3, Sec. 7.)

691-18         Sec. 91.260.  INJUNCTION; CIVIL PENALTY.  (a)  The attorney

691-19   general, at the request of the commission, shall bring a civil

691-20   action against a person who has violated or is violating this

691-21   subchapter or a rule adopted or an order or permit issued under

691-22   this subchapter for:

691-23               (1)  injunctive relief to restrain the person from the

691-24   violation;

691-25               (2)  the assessment and recovery of a civil penalty for

691-26   a violation; or

691-27               (3)  both injunctive relief and a civil penalty.

 692-1         (b)  A civil penalty assessed under this section may not

 692-2   exceed $25,000 for each violation.

 692-3         (c)  Each day of a continuing violation may be considered a

 692-4   separate violation for the purpose of penalty assessment.

 692-5         (d)  The maximum penalty assessed for a related series of

 692-6   violations may not exceed $500,000.  (V.A.C.S. Art. 6053-3, Sec.

 692-7   8.)

 692-8         Sec. 91.261.  ADMINISTRATIVE PENALTY.  (a)  The commission

 692-9   may assess, as provided by this section and Sections 91.262,

692-10   91.263, and 91.264, an administrative penalty against a person who

692-11   violates this subchapter or a rule adopted or an order or permit

692-12   issued under this subchapter.

692-13         (b)  Except as provided by Subsection (c), the penalty for

692-14   each violation may be in an amount not to exceed $10,000.  The

692-15   maximum penalty assessed under this subsection for a related series

692-16   of violations may not exceed $200,000.

692-17         (c)  The penalty for each violation of Section 91.259 may be

692-18   in an amount not to exceed $25,000.  The maximum penalty assessed

692-19   under this subsection for a continuing violation may not exceed

692-20   $300,000.

692-21         (d)  Each day a violation continues or occurs may be

692-22   considered a separate violation for the purpose of penalty

692-23   assessment under Subsection (b) or (c).

692-24         (e)  In determining the amount of the penalty, the commission

692-25   shall consider:

692-26               (1)  the seriousness of the violation, including the

692-27   nature, circumstances, extent, and gravity of the prohibited act

 693-1   and the hazard or potential hazard created to the health, safety,

 693-2   or economic welfare of the public;

 693-3               (2)  the economic harm to property or the environment

 693-4   caused by the violation;

 693-5               (3)  the history of previous violations;

 693-6               (4)  the amount necessary to deter future violations;

 693-7               (5)  efforts to correct the violation; and

 693-8               (6)  any other matter that justice may require.

 693-9   (V.A.C.S. Art. 6053-3, Secs. 9(a), (b), (c), (d).)

693-10         Sec. 91.262.  ADMINISTRATIVE PENALTY ASSESSMENT PROCEDURE.

693-11   (a)  An administrative penalty may be assessed only after the

693-12   person charged under Section 91.261 has been given an opportunity

693-13   for a public hearing.  If a public hearing is held, the commission

693-14   shall make findings of fact and issue a written decision as to the

693-15   occurrence of the violation and the penalty amount warranted by the

693-16   violation, incorporating, if appropriate, an order requiring that

693-17   the penalty be paid.  If appropriate, the commission shall

693-18   consolidate the hearing with other proceedings.

693-19         (b)  If a person charged under Section 91.261 fails to take

693-20   advantage of the opportunity for a public hearing, a penalty may be

693-21   assessed by the commission after it has determined that a violation

693-22   occurred and the penalty amount warranted by the violation.  The

693-23   commission shall then issue an order requiring the penalty to be

693-24   paid.

693-25         (c)  The commission shall give notice of the commission's

693-26   order to the person charged with the violation as provided by

693-27   Chapter 2001, Government Code.  The notice must include a statement

 694-1   of the right of the person to judicial review of the order.

 694-2   (V.A.C.S. Art. 6053-3, Secs. 9(e), (f), (g), (h), (i), (j).)

 694-3         Sec. 91.263.  PAYMENT OF ADMINISTRATIVE PENALTY.  (a)  Not

 694-4   later than the 30th day after the date on which the commission's

 694-5   order imposing an administrative penalty becomes final as provided

 694-6   by Section 2001.144, Government Code, the person charged with the

 694-7   violation shall:

 694-8               (1)  pay the amount of the penalty;

 694-9               (2)  pay the amount of the penalty and file a petition

694-10   for judicial review contesting:

694-11                     (A)  the amount of the penalty;

694-12                     (B)  the fact of the violation; or

694-13                     (C)  both the amount of the penalty and the fact

694-14   of the violation; or

694-15               (3)  without paying the amount of the penalty, file a

694-16   petition for judicial review contesting:

694-17                     (A)  the amount of the penalty;

694-18                     (B)  the fact of the violation; or

694-19                     (C)  both the amount of the penalty and the fact

694-20   of the violation.

694-21         (b)  Within the 30-day period, a person who acts under

694-22   Subsection (a)(3) may:

694-23               (1)  stay the enforcement of the penalty by:

694-24                     (A)  paying the amount of the penalty to the

694-25   court for placement in an escrow account; or

694-26                     (B)  giving to the court a supersedeas bond in a

694-27   form approved by the court that is effective until all judicial

 695-1   review of the order or decision is final; or

 695-2               (2)  request the court to stay enforcement of the

 695-3   penalty by:

 695-4                     (A)  filing with the court a sworn affidavit

 695-5   stating that the person is financially unable to pay the amount of

 695-6   the penalty and is financially unable to give the supersedeas bond;

 695-7   and

 695-8                     (B)  delivering a copy of the affidavit to the

 695-9   commission.

695-10         (c)  If the commission receives a copy of an affidavit under

695-11   Subsection (b), the commission may file a contest to the affidavit

695-12   with the court not later than the fifth day after the date the copy

695-13   is received.  The court shall hold a hearing on the facts alleged

695-14   in the affidavit as soon as practicable.  The person who files an

695-15   affidavit has the burden of proving that the person is financially

695-16   unable to pay the amount of the penalty and to give a supersedeas

695-17   bond.

695-18         (d)  If the person does not pay the amount of the penalty and

695-19   the penalty is not stayed, the commission may refer the matter to

695-20   the attorney general for enforcement.  (V.A.C.S. Art. 6053-3, Secs.

695-21   9(k), (l), (m), (n).)

695-22         Sec. 91.264.  JUDICIAL REVIEW OF ADMINISTRATIVE PENALTY.  (a)

695-23   Judicial review of a commission order imposing an administrative

695-24   penalty is:

695-25               (1)  instituted by filing a petition as provided by

695-26   Subchapter G, Chapter 2001, Government Code; and

695-27               (2)  under the substantial evidence rule.

 696-1         (b)  If the person paid the amount of the penalty and that

 696-2   amount is reduced or is not assessed by the court, the court shall

 696-3   order that the appropriate amount plus accrued interest be remitted

 696-4   to the person.  The rate of interest is the rate charged on loans

 696-5   to depository institutions by the New York Federal Reserve Bank and

 696-6   shall be paid for the period beginning on the date the penalty is

 696-7   paid and ending on the date the penalty is remitted.  If the person

 696-8   gave a supersedeas bond, the court shall order the release of the

 696-9   bond:

696-10               (1)  without further action by the person if the

696-11   penalty is not assessed by the court; or

696-12               (2)  on payment of the penalty in the amount determined

696-13   by the court.

696-14         (c)  A penalty collected under this section shall be

696-15   deposited to the credit of the oil-field cleanup fund account.

696-16   (V.A.C.S. Art. 6053-3, Secs. 9(o), (p), (q).)

696-17         SECTION 6.  CONFORMING AMENDMENT.  Chapter 111, Natural

696-18   Resources Code, is amended by adding Subchapter J to read as

696-19   follows:

696-20               SUBCHAPTER J.  WELL WASTEWATER CORPORATION

696-21         Sec. 111.401.  DEFINITION.  In this subchapter, "well

696-22   wastewater" means water containing salt or other substances

696-23   produced during drilling or operating oil and other types of wells.

696-24   (V.A.C.S. Art. 1508 (part); New.)

696-25         Sec. 111.402.  CREATION OF WELL WASTEWATER CORPORATION.  A

696-26   well wastewater corporation may be created to gather, store, and

696-27   impound well wastewater and to prevent the flow of the well

 697-1   wastewater into a stream when the stream may be used for

 697-2   irrigation.  (V.A.C.S. Art. 1508 (part).)

 697-3         Sec. 111.403.  CORPORATION POWERS.  In addition to the

 697-4   general powers conferred to a private corporation, a well

 697-5   wastewater corporation may acquire, own, and operate a ditch,

 697-6   canal, pipeline, levee, or reservoir, and an associated appliance

 697-7   as appropriate to gather, impound, or store well wastewater and to

 697-8   protect a reservoir from inflow or damage by surface water.

 697-9   (V.A.C.S. Art. 1509.)

697-10         Sec. 111.404.  CONDEMNATION.  (a)  A well wastewater

697-11   corporation may condemn land or a property right necessary for a

697-12   purpose of the corporation.

697-13         (b)  A well wastewater corporation's ditch, canal, or

697-14   pipeline may cross under a highway, canal, pipeline, railroad, or

697-15   tram or logging road if the use of the highway, canal, pipeline,

697-16   railroad, or tram or logging road is not impaired except for the

697-17   time necessary to construct the crossing.

697-18         (c)  Without the consent of the appropriate authority, a well

697-19   wastewater corporation's ditch, canal, or pipeline may not:

697-20               (1)  pass through a cemetery;

697-21               (2)  pass under a residence or public building; or

697-22               (3)  cross a street or alley of a municipality.

697-23   (V.A.C.S. Art. 1510.)

697-24         Sec. 111.405.  SERVICE TO WELL WASTEWATER PRODUCERS.  (a)  A

697-25   well wastewater corporation shall serve all well wastewater

697-26   producers in the area in which the corporation operates to the

697-27   extent the corporation has adequate facilities to gather, impound,

 698-1   and store well wastewater.

 698-2         (b)  A well wastewater corporation:

 698-3               (1)  shall serve a well wastewater producer in

 698-4   proportion to the needs of all of the producers in the area;

 698-5               (2)  shall charge a fair and reasonable fee for its

 698-6   services; and

 698-7               (3)  may not discriminate between different producers

 698-8   under similar conditions.  (V.A.C.S. Art. 1511.)

 698-9         Sec. 111.406.  OWNERSHIP OF STOCK.  A corporation interested

698-10   in the proper disposition of well wastewater may purchase, own, or

698-11   vote stock in a well wastewater corporation.  (V.A.C.S.

698-12   Art. 1512.)

698-13         SECTION 7.  CONFORMING AMENDMENT.  Subtitle D, Title 3,

698-14   Natural Resources Code, is amended by adding Chapter 115 to read as

698-15   follows:

698-16            CHAPTER 115.  REGULATION OF CERTAIN TRANSPORTERS

698-17                      OF OIL OR PETROLEUM PRODUCTS

698-18                    SUBCHAPTER A.  GENERAL PROVISIONS

698-19         Sec. 115.001.  DEFINITIONS.  In this chapter:

698-20               (1)  "Commission" means the Railroad Commission of

698-21   Texas.

698-22               (2)  "Commission order" includes a rule or order

698-23   adopted by the commission under the oil and gas conservation

698-24   statutes of this state, including this title and Subtitle B, Title

698-25   3, Utilities Code.

698-26               (3)  "Gas" includes natural gas, bradenhead gas,

698-27   casinghead gas, or gas produced from an oil or gas well.

 699-1               (4)  "Manifest" includes a document issued by a shipper

 699-2   that covers oil or a petroleum product transported by motor

 699-3   vehicle.

 699-4               (5)  "Oil" includes crude petroleum oil:

 699-5                     (A)  in its natural state as produced; or

 699-6                     (B)  from which only the basic sediment and water

 699-7   have been removed.

 699-8               (6)  "Person" includes an individual, corporation,

 699-9   association, partnership, receiver, trustee, guardian, executor,

699-10   administrator, or representative.

699-11               (7)  "Petroleum product" includes:

699-12                     (A)  refined crude oil;

699-13                     (B)  crude tops;

699-14                     (C)  topped crude;

699-15                     (D)  processed crude petroleum;

699-16                     (E)  residue from crude petroleum;

699-17                     (F)  cracking stock;

699-18                     (G)  uncracked fuel oil;

699-19                     (H)  fuel oil;

699-20                     (I)  treated crude oil;

699-21                     (J)  residuum;

699-22                     (K)  gas oil;

699-23                     (L)  casinghead gasoline;

699-24                     (M)  natural gas gasoline;

699-25                     (N)  naphtha;

699-26                     (O)  distillate;

699-27                     (P)  gasoline;

 700-1                     (Q)  kerosene;

 700-2                     (R)  benzine;

 700-3                     (S)  wash oil;

 700-4                     (T)  waste oil;

 700-5                     (U)  blended gasoline;

 700-6                     (V)  lubricating oil;

 700-7                     (W)  blends or mixtures of petroleum; or

 700-8                     (X)  any other liquid petroleum product or

 700-9   byproduct derived from crude petroleum oil or gas.

700-10               (8)  "Shipping papers" includes:

700-11                     (A)  a bill of lading that covers oil or a

700-12   petroleum product transported by railway;

700-13                     (B)  a manifest; or

700-14                     (C)  a document that covers oil or a petroleum

700-15   product transported by pipeline, boat, or barge.

700-16               (9)  "Tender" means a permit or certificate of

700-17   clearance for the transportation of oil or a petroleum product that

700-18   is approved and issued or registered under the authority of the

700-19   commission.

700-20               (10)  "Unlawful gas" includes gas produced or

700-21   transported in violation of a law of this state or commission

700-22   order.

700-23               (11)  "Unlawful petroleum product" includes a petroleum

700-24   product:

700-25                     (A)  any part of which was processed or derived

700-26   in whole or in part from:

700-27                           (i)  unlawful oil;

 701-1                           (ii)  a product of unlawful oil; or

 701-2                           (iii)  unlawful gas; or

 701-3                     (B)  transported in violation of a law of this

 701-4   state or commission order.  (V.A.C.S. Art. 6066a, Secs. 1(a), (b),

 701-5   (c), (e), (f), (g) (part), (h) (part), (i), (j) (part), 2(b)

 701-6   (part).)

 701-7         Sec. 115.002.  EXCEPTION.  This chapter does not apply to the

 701-8   retail purchase of a petroleum product if that product is:

 701-9               (1)  contained in the ordinary equipment of a motor

701-10   vehicle; and

701-11               (2)  used only to operate the motor vehicle in which it

701-12   is contained.  (V.A.C.S. Art. 6066a, Sec. 13.)

701-13         Sec. 115.003.  DEFINITION OF UNLAWFUL OIL; PRESUMPTION.  (a)

701-14   For purposes of this chapter, oil is unlawful if the oil is:

701-15               (1)  produced in this state from a well in excess of

701-16   the amount allowed by a commission order or otherwise in violation

701-17   of a law of this state or commission order; or

701-18               (2)  transported in violation of a law of this state or

701-19   commission order.

701-20         (b)  It is presumed that oil is "unlawful oil" for purposes

701-21   of this chapter if the oil is retained in storage for more than six

701-22   years without being used, consumed, or moved into regular

701-23   commercial channels.

701-24         (c)  The presumption under Subsection (b) may be rebutted by

701-25   proof that the oil:

701-26               (1)  was produced from a well within the production

701-27   allowable then applying to that well;

 702-1               (2)  was not produced in violation of a law of this

 702-2   state or commission order; and

 702-3               (3)  if transported from the lease from which it was

 702-4   produced, was not transported in violation of a law of this state

 702-5   or commission order.  (V.A.C.S. Art. 6066a, Secs. 1(d), 2(b)

 702-6   (part).)

 702-7            (Sections 115.004-115.010 reserved for expansion

 702-8                  SUBCHAPTER B.  TENDERS AND MANIFESTS

 702-9         Sec. 115.011.  TENDER REQUIREMENTS.  The commission by order

702-10   may require that a tender be obtained before oil or a petroleum

702-11   product may be transported or received for transportation by

702-12   pipeline, railway, boat, or barge.  (V.A.C.S. Art. 6066a, Sec. 2(a)

702-13   (part), Sec. 4(c) (part).)

702-14         Sec. 115.012.  TENDER; APPLICATION REQUIREMENTS.  (a)  The

702-15   commission by order shall prescribe the form of a tender and a

702-16   tender application.

702-17         (b)  The form must show:

702-18               (1)  the name and address of the shipper or other

702-19   person who tenders oil or a petroleum product for transportation;

702-20               (2)  the name and address of the transporter if the

702-21   commission order requires the transporter to be designated;

702-22               (3)  the quantity and classification of each commodity

702-23   authorized to be transported;

702-24               (4)  each location at which delivery is to be made to

702-25   the transporter; and

702-26               (5)  other related information as prescribed by

702-27   commission order.

 703-1         (c)  Each tender must:

 703-2               (1)  bear a date and serial number;

 703-3               (2)  state the expiration date of the tender; and

 703-4               (3)  be executed by an agent authorized by the

 703-5   commission to deny, approve, or register tenders.

 703-6         (d)  An agent may not approve or register a tender for the

 703-7   transportation of unlawful oil or an unlawful petroleum product.

 703-8   (V.A.C.S.  Art. 6066a, Sec. 1(g) (part).)

 703-9         Sec. 115.013.  ACTION ON TENDER APPLICATION.  (a)  If an

703-10   agent of the commission rejects an application for a tender, the

703-11   agent shall return a copy of the application to the applicant with

703-12   the reasons for the rejection indicated on the copy.

703-13         (b)  A person whose tender application is not acted on before

703-14   the 21st day after the date on which the application is filed is

703-15   entitled to judicial review in the manner provided by Section

703-16   115.014 for the appeal of a rejection of a tender application.

703-17   (V.A.C.S. Art. 6066a, Sec. 9 (part).)

703-18         Sec. 115.014.  JUDICIAL REVIEW.  (a)  A person whose tender

703-19   application is rejected may appeal that action by filing a petition

703-20   against the commission in a district court of Travis County for

703-21   review of the agent's decision.

703-22         (b)  The clerk of the court shall issue to the commission a

703-23   notice setting forth briefly the cause of action stated in the

703-24   petition.  The court may not enter an order on the petition until

703-25   the court conducts a hearing.  The court must conduct the hearing

703-26   not later than the fifth day after the date of issuance of the

703-27   notice.

 704-1         (c)  The court may sustain, modify, or overrule the agent's

 704-2   decision and may issue a restraining order or injunction as

 704-3   warranted by the facts.

 704-4         (d)  A person dissatisfied with the decision of the district

 704-5   court may appeal to the court of appeals.  (V.A.C.S. Art. 6066a,

 704-6   Sec. 9 (part).)

 704-7         Sec. 115.015.  TRANSFER UNDER TENDER.  (a)  A person who

 704-8   obtains a tender may not transport or deliver, or cause or permit

 704-9   to be transported or delivered, any more or any different commodity

704-10   than that authorized by the tender.

704-11         (b)  A connecting carrier or consignee who receives oil or a

704-12   petroleum product from another transporter by pipeline, railway,

704-13   boat, or barge under authority of shipping papers executed by the

704-14   initial transporter that bear the date and serial number of a

704-15   tender issued to that initial transporter is considered to receive

704-16   the oil or petroleum product by authority of that tender if the

704-17   commission order provides that a connecting carrier or consignee

704-18   may rely on the shipping papers.  (V.A.C.S. Art. 6066a, Secs. 2(a)

704-19   (part), 4(c) (part).)

704-20         Sec. 115.016.  ISSUANCE OF MANIFEST.  (a)  A person who

704-21   obtains a tender required under this subchapter shall sign and

704-22   issue a manifest to the operator of each motor vehicle used to

704-23   transport the oil or petroleum product that is covered by the

704-24   tender.

704-25         (b)  The person shall issue a separate manifest for each load

704-26   carried by the motor vehicle.  (V.A.C.S. Art. 6066a, Sec. 2(a)

704-27   (part).)

 705-1         Sec. 115.017.  FORM OF MANIFEST.  (a)  The commission by

 705-2   order may prescribe the form of a manifest.

 705-3         (b)  A manifest must:

 705-4               (1)  bear a certificate signed by the shipper that

 705-5   states the amount of oil or petroleum products to be transported

 705-6   and specifies each petroleum product to be transported; and

 705-7               (2)  include, if required by commission order:

 705-8                     (A)  the date and serial number of the tender

 705-9   that authorizes the transportation or a seal, number, or other

705-10   evidence of the tender, if a tender is required;

705-11                     (B)  the amount and classification of each

705-12   petroleum product to be transported;

705-13                     (C)  the name and address of the transporter, the

705-14   name and address of the shipper, and the name and address of the

705-15   consignee, if known;

705-16                     (D)  the name and address of the operator of the

705-17   motor vehicle;

705-18                     (E)  the license plate number of the motor

705-19   vehicle;

705-20                     (F)  the date, time, and place at which the motor

705-21   vehicle was loaded and the destination, if known, of the load; and

705-22                     (G)  other related information as required by

705-23   commission order.

705-24         (c)  If the form of the manifest is not prescribed by

705-25   commission order, each shipper required to issue a manifest to a

705-26   transporter shall use a form of manifest that is:

705-27               (1)  commonly used in commercial transactions; or

 706-1               (2)  required by another state agency to accompany the

 706-2   movement of gasoline.  (V.A.C.S. Art. 6066a, Secs. 1(h) (part),

 706-3   2(a) (part).)

 706-4         Sec. 115.018.  TRANSFER UNDER MANIFEST; RESTRICTIONS.  (a)  A

 706-5   person authorized to transport oil or a petroleum product on a

 706-6   manifest issued by a shipper may not receive:

 706-7               (1)  a commodity for transportation that is different

 706-8   from the commodity described in the manifest; or

 706-9               (2)  oil or a petroleum product in an amount exceeding

706-10   the amount authorized by the manifest.

706-11         (b)  A person authorized to transport oil or a petroleum

706-12   product by a shipper-issued manifest that bears on its face the

706-13   date and serial number of the tender may rely on the manifest

706-14   delivered to that person and each consignee or person to whom the

706-15   transporter delivers oil or a petroleum product covered by that

706-16   manifest  may rely on the manifest as authority to receive the

706-17   commodity delivered if the manifest:

706-18               (1)  appears to be valid on its face;

706-19               (2)  is signed by the shipper; and

706-20               (3)  bears the certificate of the shipper that the

706-21   transportation of the oil or petroleum product is authorized by the

706-22   tender.

706-23         (c)  If the commission by order prohibits the transportation

706-24   of oil or a petroleum product by motor vehicle without a manifest

706-25   that shows the date and serial number of a tender authorizing the

706-26   transportation, a person may not ship or transport or cause to be

706-27   shipped or transported by motor vehicle oil or a petroleum product

 707-1   unless the person furnishes the manifest to the operator of the

 707-2   motor vehicle.  The person transporting the oil or petroleum

 707-3   product shall maintain the manifest in the vehicle at all times

 707-4   during the shipment.  If the person to whom the tender is issued is

 707-5   the operator of the motor vehicle and the tender identifies the

 707-6   motor vehicle by license number and covers one load, the person may

 707-7   carry the tender in the vehicle in lieu of a manifest.  (V.A.C.S.

 707-8   Art. 6066a, Secs. 2(a) (part), (b) (part).)

 707-9         Sec. 115.019.  RECEIPT REQUIRED.  A person who transports oil

707-10   or a petroleum product by motor vehicle under conditions that

707-11   require a tender or manifest shall obtain a receipt from each

707-12   person to whom any part of the oil or petroleum product is

707-13   delivered.  The receipt must be on the reverse side of the tender

707-14   or manifest and must indicate:

707-15               (1)  the number of gallons of oil or of each petroleum

707-16   product delivered;

707-17               (2)  the date of delivery; and

707-18               (3)  the signature and address of the purchaser or

707-19   consignee of the oil or petroleum product.  (V.A.C.S. Art. 6066a,

707-20   Sec. 2(c) (part).)

707-21         Sec. 115.020.  RECORDS; INSPECTION.  (a)  A person who

707-22   transports by motor vehicle and delivers oil or a petroleum product

707-23   shall keep in this state for two years each tender or manifest

707-24   issued to the person, together with the receipts and endorsements

707-25   on the tender or manifest.

707-26         (b)  A tender or manifest is at all times subject to

707-27   inspection by the commission or an agent or inspector of the

 708-1   commission.  (V.A.C.S.  Art. 6066a, Sec. 2(c) (part).)

 708-2            (Sections 115.021-115.030 reserved for expansion

 708-3     SUBCHAPTER C.  FORFEITURE OF UNLAWFUL OIL OR PETROLEUM PRODUCT

 708-4         Sec. 115.031.  FORFEITURE AUTHORIZED.  Unlawful oil and

 708-5   unlawful petroleum products, regardless of the date of production

 708-6   or manufacture, are declared to be a nuisance and shall be

 708-7   forfeited to this state as provided by this subchapter.

 708-8   (V.A.C.S. Art. 6066a, Sec. 10(a) (part).)

 708-9         Sec. 115.032.  REPORT TO ATTORNEY GENERAL.  On the discovery

708-10   of unlawful oil or an unlawful petroleum product, a member of the

708-11   commission, an agent or employee of the commission, or a peace

708-12   officer shall immediately file with the attorney general a report

708-13   that describes the unlawful oil or unlawful petroleum product.  The

708-14   report must state the ownership, party in possession, amount,

708-15   location, and classification of the oil or petroleum product.

708-16   (V.A.C.S. Art. 6066a, Sec. 10(a) (part).)

708-17         Sec. 115.033.  ACTION IN REM.  (a)  If the attorney general

708-18   is advised of the presence of unlawful oil or an unlawful petroleum

708-19   product, the attorney general shall bring an action in rem in the

708-20   name of the state in Travis County or in the county in which the

708-21   oil or petroleum product is located against the unlawful oil or

708-22   petroleum product and against each person who owns, claims, or is

708-23   in possession of the oil or petroleum product.

708-24         (b)  If it appears to the court from an examination of the

708-25   petition or after hearing evidence on the petition at a preliminary

708-26   hearing that the unlawful oil or petroleum product mentioned in the

708-27   petition is in danger of being removed, wasted, lost, or destroyed,

 709-1   the court shall:

 709-2               (1)  issue restraining orders or injunctive relief,

 709-3   either mandatory or prohibitive;

 709-4               (2)  appoint a receiver to take charge of the oil or

 709-5   petroleum product; or

 709-6               (3)  direct the sheriff of the county in which the

 709-7   unlawful oil or petroleum product is located to seize and impound

 709-8   the oil or petroleum product pending further orders of the court.

 709-9         (c)  A party to the action may demand a trial by jury on any

709-10   issue of fact raised by the pleadings, and the case shall proceed

709-11   to trial in the manner provided for other civil cases.  (V.A.C.S.

709-12   Art. 6066a, Secs. 10(b), (c) (part).)

709-13         Sec. 115.034.  FORFEITURE SALE.  (a)  If, on the trial of the

709-14   action, the oil or petroleum product in controversy is found to be

709-15   unlawful, the court shall render judgment forfeiting the oil or

709-16   petroleum product to this state. The court shall issue an order of

709-17   sale directing the sheriff or a constable of the county in which

709-18   the oil or petroleum product is located to seize and sell the oil

709-19   or petroleum product in the same manner as personal property is

709-20   sold under execution.  The court may order the oil or petroleum

709-21   product sold in whole or in part.

709-22         (b)  The sale shall be conducted at the courthouse door of

709-23   the county in which the oil or petroleum product is located.

709-24         (c)  The court shall apply the money realized from the sale

709-25   first to the payment of the costs of the action and expenses

709-26   incident to the sale of the oil or petroleum product.  The court

709-27   may then use not more than one-half of the money to compensate a

 710-1   person for expenses incurred in storing the unlawful oil or

 710-2   petroleum product.  Any balance remaining shall be remitted to the

 710-3   comptroller.

 710-4         (d)  The officers of the court shall receive the same fees

 710-5   provided by law for other civil actions.  The sheriff who executes

 710-6   the sale shall issue a bill of sale or certificate to the purchaser

 710-7   of the oil or petroleum product, and the commission, on

 710-8   presentation of that certificate of clearance, shall issue a

 710-9   tender, if a tender is required, permitting the purchaser of the

710-10   oil or petroleum product to move the oil or petroleum product into

710-11   commerce.  (V.A.C.S. Art. 6066a, Secs. 10(c) (part), (d).)

710-12            (Sections 115.035-115.040 reserved for expansion

710-13                SUBCHAPTER D.  ENFORCEMENT AND PENALTIES

710-14         Sec. 115.041.  ENFORCEMENT; ARRESTS.  (a)  To enforce this

710-15   chapter, an agent of the commission or a peace officer of this

710-16   state who has probable cause and reasonable grounds to believe that

710-17   a motor vehicle is transporting unlawful oil or an unlawful

710-18   petroleum product may stop the vehicle to take samples of the cargo

710-19   and to inspect the shipping papers.

710-20         (b)  If, on examination of the motor vehicle, the agent or

710-21   officer finds that the vehicle is transporting unlawful oil or an

710-22   unlawful petroleum product or is transporting oil or a petroleum

710-23   product without a required tender, the agent or officer, with or

710-24   without a warrant, shall arrest the operator of the vehicle and

710-25   file a complaint against the operator under this chapter.

710-26         (c)  In a criminal action under this chapter, the agent or

710-27   officer is not entitled to a fee for executing a warrant of arrest

 711-1   or capias or for making an arrest with or without a warrant.

 711-2   (V.A.C.S. Art. 6066a, Sec. 3.)

 711-3         Sec. 115.042.  PUBLICATION OF COMMISSION ORDER PRIOR TO

 711-4   ENFORCEMENT.  A criminal action may not be maintained against a

 711-5   person involving the violation of a rule or order that the

 711-6   commission adopts, modifies, or amends until the commission

 711-7   publishes a complete copy of the rule or order.  (V.A.C.S.

 711-8   Art. 6066a, Sec. 5 (part).)

 711-9         Sec. 115.043.  CERTIFICATE AS EVIDENCE.  (a)  A certificate

711-10   that sets forth the terms of a commission order and states that the

711-11   order has been adopted and published and was in effect on a

711-12   specified date or during a specified period is prima facie evidence

711-13   of those facts if the certificate is:

711-14               (1)  made under the seal of the commission; and

711-15               (2)  executed by a member or the secretary of the

711-16   commission.

711-17         (b)  The certificate is admissible in evidence in any civil

711-18   or criminal action that involves the order without further proof of

711-19   the adoption, publication, or contents of the order.  (V.A.C.S.

711-20   Art. 6066a, Sec. 6.)

711-21         Sec. 115.044.  SERVICE OF PROCESS.  (a)  In an action or

711-22   proceeding that involves the enforcement of this chapter or a

711-23   commission order, a Texas Ranger or agent of the commission may

711-24   serve any judicial process, warrant, subpoena, or writ as directed

711-25   by the court issuing the process and shall serve the process in the

711-26   same manner as a peace officer.

711-27         (b)  The ranger or agent may serve the process, warrant, or

 712-1   subpoena anywhere in this state although it may be directed to the

 712-2   sheriff or a constable of a particular county.

 712-3         (c)  The ranger or agent shall make the same return as any

 712-4   other officer, sign the return, and add under the name the title

 712-5   "State Ranger" or "Agent, Railroad Commission of Texas," as

 712-6   appropriate, which is sufficient to make the writ valid if the writ

 712-7   is otherwise properly prepared.

 712-8         (d)  A Texas Ranger or agent of the commission is not

 712-9   entitled to a fee in addition to that person's regular compensation

712-10   for a service provided under this section.  (V.A.C.S. Art. 6066a,

712-11   Sec. 7.)

712-12         Sec. 115.045.  PLEADING; PROOF.  (a)  In a complaint,

712-13   information, or indictment that alleges a violation of a commission

712-14   order, it is unnecessary to set forth fully the terms of the order

712-15   and sufficient to allege the substance of the order or the

712-16   pertinent terms of the order that are alleged to have been

712-17   violated.

712-18         (b)  In a criminal action filed under this chapter, a

712-19   certificate executed by a member or the secretary of the commission

712-20   that shows the amount of allowable oil that may be produced per day

712-21   or during a stated period from an oil well, proof of production

712-22   from which is involved in the criminal action, is admissible and is

712-23   prima facie evidence of the facts stated in the certificate.

712-24         (c)  This section does not limit the power of the commission

712-25   to adopt rules or orders under the oil and gas conservation

712-26   statutes of this state, including this title and Subtitle B, Title

712-27   3, Utilities Code.  (V.A.C.S. Art. 6066a, Secs.  8(a), (b), (d).)

 713-1         Sec. 115.046.  VENUE.  A criminal action maintained under

 713-2   this chapter must be brought in:

 713-3               (1)  the county in which the oil or petroleum product

 713-4   involved in the criminal action is received or delivered; or

 713-5               (2)  any county in or through which that oil or

 713-6   petroleum product is transported.  (V.A.C.S. Art. 6066a, Sec.

 713-7   8(c).)

 713-8         Sec. 115.047.  PENALTIES.  (a)  A person commits an offense

 713-9   if the person is the operator of a motor vehicle that transports

713-10   oil or a petroleum product and the person:

713-11               (1)  intentionally fails to stop the vehicle on the

713-12   command of an agent of the commission or peace officer; or

713-13               (2)  intentionally fails to permit inspection by the

713-14   agent or officer of the contents of or the shipping papers

713-15   accompanying the vehicle.

713-16         (b)  A person commits an offense if the person:

713-17               (1)  knowingly violates Section 115.011, 115.015(a),

713-18   115.016, 115.018, 115.019, or 115.020;

713-19               (2)  knowingly ships or transports or causes to be

713-20   shipped or transported unlawful oil or an unlawful petroleum

713-21   product by motor vehicle over a public highway in this state;

713-22               (3)  knowingly ships or transports or causes to be

713-23   shipped or transported by motor vehicle oil or a petroleum product

713-24   without the authority of a tender if a tender is required by a

713-25   commission order; or

713-26               (4)  if a tender is required by a commission order,

713-27   knowingly receives from a motor vehicle or knowingly delivers to a

 714-1   motor vehicle oil or a petroleum product that is not covered by a

 714-2   tender authorizing the transportation of the oil or petroleum

 714-3   product.

 714-4         (c)  A person commits an offense if the person:

 714-5               (1)  knowingly ships or transports or causes or permits

 714-6   to be shipped or transported by pipeline, railway, boat, or barge

 714-7   unlawful oil or an unlawful petroleum product;

 714-8               (2)  knowingly receives or delivers for transportation

 714-9   by pipeline, railway, boat, or barge unlawful oil or an unlawful

714-10   petroleum product;

714-11               (3)  knowingly ships or transports or causes or permits

714-12   to be shipped or transported by pipeline, railway, boat, or barge

714-13   oil or a petroleum product without authority of a tender if a

714-14   tender is required by a commission order; or

714-15               (4)  knowingly receives or delivers by pipeline,

714-16   railway, boat, or barge oil or a petroleum product without

714-17   authority of a tender if a tender is required by a commission

714-18   order.

714-19         (d)  An offense under this section is punishable by a fine of

714-20   not less than $50 or more than $200.  (V.A.C.S. Art. 6066a, Secs.

714-21   4(a), (b), (d).)

714-22         SECTION 8.  CONFORMING AMENDMENT.  Subchapter D, Chapter 54,

714-23   Water Code, is amended by adding Section 54.2051 to read as

714-24   follows:

714-25         Sec. 54.2051.  SERVICE CONNECTIONS TO CERTAIN DWELLING UNITS.

714-26   (a)  If the tenant of an individually metered dwelling unit applies

714-27   to a district for utility service for that unit, the district may

 715-1   not require that the service be connected in the name of the

 715-2   landlord or owner of the unit.

 715-3         (b)  This section does not apply to a dwelling unit that is

 715-4   located in a building that:

 715-5               (1)  contains two or more dwelling units; and

 715-6               (2)  is served by a master meter or demand meter.

 715-7         (c)  In this section, "individually metered dwelling unit"

 715-8   means one or more rooms:

 715-9               (1)  rented for use as a permanent residence under a

715-10   single verbal or written rental agreement; and

715-11               (2)  served by a utility meter that belongs to the

715-12   district and measures service only for that unit.  (V.A.C.S.

715-13   Art. 1446d-1.)

715-14         SECTION 9.  REPEALER.  The following Acts and articles as

715-15   compiled in Vernon's Texas Civil Statutes are repealed:  1120;

715-16   1123; 1124a; 1416; 1417; 1418; 1419; 1420; 1421; 1422; 1426; 1427;

715-17   1428; 1429; 1430; 1431; 1432; 1432a; 1432b; 1433; 1433a; 1434;

715-18   1434a; 1435; 1435a; 1435a-1; 1435b; 1436; 1436a; 1436b; 1437; 1438;

715-19   1439; 1440; 1440a; 1446a, Secs. 1, 3, 4, 6, 7, and 8; 1446b;

715-20   1446c-0; 1446c-1; 1446c-2; 1446d; 1446d-1; 1446d-2; 1446e; 1446f;

715-21   1446g; 1446h; 1508; 1509; 1510; 1511; 1512; 1528b; 1528c; 2372q-1;

715-22   6050; 6051; 6052; 6053; 6053-1; 6053-2; 6053-3; 6054; 6055; 6056;

715-23   6057; 6057a; 6057b; 6058; 6059; 6060; 6061; 6062; 6062A; 6063;

715-24   6064; 6065; 6066; 6066a; 6066f; 6066g; and 9021.

715-25         SECTION 10.  LEGISLATIVE INTENT OF NO SUBSTANTIVE CHANGE.

715-26   This Act is enacted under Section 43, Article III, Texas

715-27   Constitution.  This Act is intended as a recodification only, and

 716-1   no substantive change in law is intended by this Act.

 716-2         SECTION 11.  EFFECTIVE DATE.  This Act takes effect September

 716-3   1, 1997.

 716-4         SECTION 12.  EMERGENCY.  The importance of this legislation

 716-5   and the crowded condition of the calendars in both houses create an

 716-6   emergency and an imperative public necessity that the

 716-7   constitutional rule requiring bills to be read on three several

 716-8   days in each house be suspended, and this rule is hereby suspended.