Texas Codes

Tex. Util. Code § 11.003 (2026)

Definitions

✓ current as of May 2026

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Sec. 11.003. DEFINITIONS. In this title:

(1) "Affected person" means:

(A) a public utility or electric cooperative affected by an action of a regulatory authority;

(B) a person whose utility service or rates are affected by a proceeding before a regulatory authority; or

(i) is a competitor of a public utility with respect to a service performed by the utility; or

(ii) wants to enter into competition with a public utility.

(2) "Affiliate" means:

(A) a person who directly or indirectly owns or holds at least five percent of the voting securities of a public utility;

(B) a person in a chain of successive ownership of at least five percent of the voting securities of a public utility;

(C) a corporation that has at least five percent of its voting securities owned or controlled, directly or indirectly, by a public utility;

(D) a corporation that has at least five percent of its voting securities owned or controlled, directly or indirectly, by:

(i) a person who directly or indirectly owns or controls at least five percent of the voting securities of a public utility; or

(ii) a person in a chain of successive ownership of at least five percent of the voting securities of a public utility;

(E) a person who is an officer or director of a public utility or of a corporation in a chain of successive ownership of at least five percent of the voting securities of a public utility; or

(F) a person determined to be an affiliate under Section 11.006.

(3) "Allocation" means the division among municipalities or among municipalities and unincorporated areas of the plant, revenues, expenses, taxes, and reserves of a utility used to provide public utility service in a municipality or for a municipality and unincorporated areas.

(3-a) "Chilled water program" means:

(A) a program to produce chilled water at a central plant and pipe that water to buildings for air conditioning, including a district cooling system or chilled water service; or

(B) any other program designed to used chilled water to provide air conditioning, reduce peak electric demand, or shift electric load.

(4) "Commission" means the Public Utility Commission of Texas.

(5) "Commissioner" means a member of the Public Utility Commission of Texas.

(6) "Cooperative corporation" means:

(A) an electric cooperative; or

(B) a telephone cooperative corporation organized under Chapter 162 or a predecessor statute to Chapter 162 and operating under that chapter.

(7) "Corporation" means a domestic or foreign corporation, joint-stock company, or association, and each lessee, assignee, trustee, receiver, or other successor in interest of the corporation, company, or association, that has any of the powers or privileges of a corporation not possessed by an individual or partnership. The term does not include a municipal corporation or electric cooperative, except as expressly provided by this title.

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

(9) "Electric cooperative" means:

(A) a corporation organized under Chapter 161 or a predecessor statute to Chapter 161 and operating under that chapter; or

(B) a corporation organized as an electric cooperative in a state other than Texas that has obtained a certificate of authority to conduct affairs in the State of Texas.

(10) "Facilities" means all of the plant and equipment of a public utility, and includes the tangible and intangible property, without limitation, owned, operated, leased, licensed, used, controlled, or supplied for, by, or in connection with the business of the public utility.

(11) "Municipally owned utility" means a utility owned, operated, and controlled by a municipality or by a nonprofit corporation the directors of which are appointed by one or more municipalities and includes any chilled water program operated by the utility.

(12) "Office" means the Office of Public Utility Counsel.

(13) "Order" means all or a part of a final disposition by a regulatory authority in a matter other than rulemaking, without regard to whether the disposition is affirmative or negative or injunctive or declaratory. The term includes:

(A) the issuance of a certificate of convenience and necessity; and

(B) the setting of a rate.

(14) "Person" includes an individual, a partnership of two or more persons having a joint or common interest, a mutual or cooperative association, and a corporation, but does not include an electric cooperative.

(15) "Proceeding" means a hearing, investigation, inquiry, or other procedure for finding facts or making a decision under this title. The term includes a denial of relief or dismissal of a complaint.

(16) "Rate" includes:

(A) any compensation, tariff, charge, fare, toll, rental, or classification that is directly or indirectly demanded, observed, charged, or collected by a public utility for a service, product, or commodity described in the definition of utility in Section 31.002 or 51.002; and

(B) a rule, practice, or contract affecting the compensation, tariff, charge, fare, toll, rental, or classification.

(17) "Ratemaking proceeding" means a proceeding in which a rate is changed.

(18) "Regulatory authority" means either the commission or the governing body of a municipality, in accordance with the context.

(19) "Service" has its broadest and most inclusive meaning. The term includes any act performed, anything supplied, and any facilities used or supplied by a public utility in the performance of the utility's duties under this title to its patrons, employees, other public utilities, an electric cooperative, and the public. The term also includes the interchange of facilities between two or more public utilities. The term does not include the printing, distribution, or sale of advertising in a telephone directory.

(20) "Test year" means the most recent 12 months, beginning on the first day of a calendar or fiscal year quarter, for which operating data for a public utility are available.

(21) "Trade association" means a nonprofit, cooperative, and voluntarily joined association of business or professional persons who are employed by public utilities or utility competitors to assist the public utility industry, a utility competitor, or the industry's or competitor's employees in dealing with mutual business or professional problems and in promoting their common interest.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 405, Sec. 1, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 1327, Sec. 1, eff. Sept. 1, 2003.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 277 (H.B. 3615), Sec. 2, eff. September 1, 2021.

Notes of Decisions

Cited in 34 cases (7 in the last 5 years), 1998–2025 · leading case: Pub. Util. Comm'n v. Cities of Harlingen, 311 S.W.3d 610 (Tex. App. 2010).

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Pub. Util. Comm'n v. Cities of Harlingen, 311 S.W.3d 610 (Tex. App. 2010). · cites it 4× “See Tex. Util. Code Ann. § 11.003 (17) (West 2007) (ratemaking proceeding is "proceeding in which a rate is changed"); Southwestern Pub.”

Kirby Lake Dev., Ltd. v. Clear Lake City Water Auth., 320 S.W.3d 829 (Tex. 2010). “45(2) (defining "services” under the Deceptive Trade Practices Act as "work, labor, or service purchased or leased for use, including services furnished in connection with the sale or repair of goods”); Tex. Util. Code § 11.003(19) (defining "service” under the Public Utility…”

Sw. Pub. Serv. Co. v. Pub. Util. Comm'n of Texas, 962 S.W.2d 207 (Tex. App. 1998). · cites it 2× “See Tex. Util.Code Ann. §§ 11.003(15)(A) & 31.”

West Texas Mun. Power Agency v. Repub. Power Partners, L.P., 428 S.W.3d 299 (Tex. App. 2014). · cites it 2× “‖ TEX. UTIL. CODE ANN. § 11.003(19) (West 2007); (3) ―services primarily intended to guide governmental policy to ensure the orderly and coordinated development of the state or of municipal, county, metropolitan, or regional land areas,‖ TEX.”

Texas Mun. Power Agency v. Pub. Util. Comm'n, 150 S.W.3d 579 (Tex. App. 2004). “” Tex. Util.Code Ann. § 11.003(11) (West 1998) [hereinafter “PURA § _”].”

Oncor Elec. Delivery Co. LLC v. Pub. Util. Comm'n of Texas, 406 S.W.3d 253 (Tex. App. 2013). “” See Tex. Util.Code § 11.003(18). 5 . The February 2005 settlement agreement is considered the 2004 show-cause action, and the January 2006 extension and modification of the settlement agreement is considered the 2005 show-cause action.”

City of Allen v. Pub. Util. Comm'n, 161 S.W.3d 195 (Tex. App. 2005). “Tex. Util.Code Ann. § 11.003(10) (West Supp.”

AEP Texas Com. & Indus. Retail Ltd. P'ship v. Pub. Util. Comm'n, 436 S.W.3d 890 (Tex. App. 2014). “See Tex. Util.Code §§ 11.003(2) (defining "affiliate”), 31.”

CPS Energy v. Pub. Util. Comm'n, 537 S.W.3d 157 (Tex. App. 2017). “See Tex. Util. Code § 11.003(20) (“'Test year’ means the most recent 12 months, beginning on the first day of a calendar or fiscal year quarter, for which operating data for a public utility are available.”

Univ. of North Texas v. City of Denton Ex Rel. Elec. Util. Dep't, 348 S.W.3d 44 (Tex. App. 2011). “See Tex. Util.Code Ann. § 11.003(11) (Vernon 2007).”

Billy Edward Damuth, Ii v. Trinity Valley Cmty. Coll. & Glendon S. Forgey, Individually, 450 S.W.3d 903 (Tex. 2014). “45(2), and Tex. Util. Code § 11.003); see also Tex. Gov’t Code§ 851.”

Fisher v. Church & Akin, L.L.C., 442 S.W.3d 414 (Tex. App. 2012). “Tex. Util.Code Ann. § 11.003(19) (West 2007).”

Show all 34 citing cases →

— Tex. Util. Code § 11.003(1) — 1 case

North Star Steel Texas, Inc. v. Entergy Gulf States, Inc., 33 F. Supp. 2d 557 (S.D. Tex. 1998).

— Tex. Util. Code § 11.003(1)(A) — 1 case

in Re Centerpoint Energy Houston Elec., Llc. (Tex. 2021).

— Tex. Util. Code § 11.003(1)(B) — 1 case

in Re Centerpoint Energy Houston Elec., Llc. (Tex. 2021).

— Tex. Util. Code § 11.003(10) — 1 case

City of Allen v. Pub. Util. Comm'n, 161 S.W.3d 195 (Tex. App. 2005). “Tex. Util.Code Ann. § 11.003(10) (West Supp.”

— Tex. Util. Code § 11.003(11) — 2 cases

Texas Mun. Power Agency v. Pub. Util. Comm'n, 150 S.W.3d 579 (Tex. App. 2004). “” Tex. Util.Code Ann. § 11.003(11) (West 1998) [hereinafter “PURA § _”].”

Univ. of North Texas v. City of Denton Ex Rel. Elec. Util. Dep't, 348 S.W.3d 44 (Tex. App. 2011). “See Tex. Util.Code Ann. § 11.003(11) (Vernon 2007).”

— Tex. Util. Code § 11.003(14) — 1 case

City of Dallas, Texas v. Pub. Util. Comm'n of Texas (Tex. App. 2014).

— Tex. Util. Code § 11.003(15)(A) — 1 case

Sw. Pub. Serv. Co. v. Pub. Util. Comm'n of Texas, 962 S.W.2d 207 (Tex. App. 1998). “See Tex. Util.Code Ann. §§ 11.003(15)(A) & 31.”

— Tex. Util. Code § 11.003(16)(A) — 1 case

Sw. Pub. Serv. Co. v. Pub. Util. Comm'n of Texas, 962 S.W.2d 207 (Tex. App. 1998). “See Tex. Util.Code Ann. §§ 11.003(15)(A) & 31.”

— Tex. Util. Code § 11.003(17) — 1 case

Pub. Util. Comm'n v. Cities of Harlingen, 311 S.W.3d 610 (Tex. App. 2010). “See Tex. Util. Code Ann. § 11.003 (17) (West 2007) (ratemaking proceeding is "proceeding in which a rate is changed"); Southwestern Pub.”

— Tex. Util. Code § 11.003(18) — 1 case

— Tex. Util. Code § 11.003(19) — 9 cases

West Texas Mun. Power Agency v. Repub. Power Partners, L.P., 428 S.W.3d 299 (Tex. App. 2014). “‖ TEX. UTIL. CODE ANN. § 11.003(19) (West 2007); (3) ―services primarily intended to guide governmental policy to ensure the orderly and coordinated development of the state or of municipal, county, metropolitan, or regional land areas,‖ TEX.”

Fisher v. Church & Akin, L.L.C., 442 S.W.3d 414 (Tex. App. 2012). “Tex. Util.Code Ann. § 11.003(19) (West 2007).”

in Re Texas-New Mexico Power Co. (Tex. 2021).

in Re Centerpoint Energy Houston Elec., Llc. (Tex. 2021).

— Tex. Util. Code § 11.003(2) — 2 cases

AEP Texas Com. & Indus. Retail Ltd. P'ship v. Pub. Util. Comm'n, 436 S.W.3d 890 (Tex. App. 2014). “See Tex. Util.Code §§ 11.003(2) (defining "affiliate”), 31.”

AEP Texas Com. & Indus. Retail Ltd. P'ship v. Pub. Util. Comm'n of Texas All. for Retail Markets Texas Energy Ass'n for Marketers CPL Retail Energy, LP WTU Retail Energy, LP & Direct Energy Bus., LLC \Permanent Archive Case\" \"Permanent Archive Case\"" (Tex. App. 2014).

— Tex. Util. Code § 11.003(20) — 3 cases

Pub. Util. Comm'n of Texas // City of Denton Operating as Denton Mun. Elec. v. City of Denton Operating as Denton Mun. Elec. // Cross-Appellee Pub. Util. Comm'n of Texas (Tex. App. 2025).

Texas Indus. Energy Consumers, Cities Advocating Reasonable Deregulation, & Off. of Pub. Util. Couns. v. Pub. Util. Comm'n of Texas & Sw. Elec. Power Co. (Tex. App. 2021).

— Tex. Util. Code § 11.003(5) — 1 case

Oncor Elec. Delivery Co. LLC, & the Pub. Util. Comm'n of Texas v. Giovanni Homes Corp. (Tex. App. 2025).

— Tex. Util. Code § 11.003(7) — 1 case

City of Dallas, Texas v. Pub. Util. Comm'n of Texas (Tex. App. 2014).

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