Tex. Util. Code § 31.001

Legislative Findings; Purpose Of Subtitle

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Sec. 31.001. LEGISLATIVE FINDINGS; PURPOSE OF SUBTITLE. (a) This subtitle is enacted to protect the public interest inherent in the rates and services of electric utilities. The purpose of this subtitle is to establish a comprehensive and adequate regulatory system for electric utilities to assure rates, operations, and services that are just and reasonable to the consumers and to the electric utilities.

(b) Electric utilities are by definition monopolies in many of the services provided and areas they serve. As a result, the normal forces of competition that regulate prices in a free enterprise society do not always operate. Public agencies regulate electric utility rates, operations, and services, except as otherwise provided by this subtitle.

(c) The wholesale electric industry, through federal legislative, judicial, and administrative actions, is becoming a more competitive industry that does not lend itself to traditional electric utility regulatory rules, policies, and principles. As a result, the public interest requires that rules, policies, and principles be formulated and applied to protect the public interest in a more competitive marketplace. The development of a competitive wholesale electric market that allows for increased participation by electric utilities and certain nonutilities is in the public interest.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Notes of Decisions
Cited in 39 cases (13 in the last 5 years), 1998–2026 · leading case: Southwestern Electric Power Co. v. Grant
Southwestern Electric Power Co. v. Grant (2002) tex · cites it 10× “" Tex. Util.Code § 31.001(a). Because electric utilities were regional and service monopolies, the PURA authorized the PUC to regulate utilities as a substitute for competitive forces.”
City of Corpus Christi v. Public Utility Commission of Texas (2001) tex · cites it 2× “We are troubled by the appearance of haste in proceedings as significant as these, but we cannot say, on balance, that the Cities were denied constitutional due process. .Former Tex.Rev.Civ. Stat. Ann.”
Bexar Metropolitan Water District v. City of Bulverde (2005) texapp “2004) (court found Public Utility Commission was given exclusive jurisdiction because Public Utility Regulatory Act stated its purpose was to "establish a comprehensive and adequate regulatory system" and stated "the Commission has exclusive original jurisdiction over the rates,…”
Jenkins v. Entergy Corp. (2006) texapp “V, § 8; Tex. Util. Code Ann. §§ 31.001 , 32.001 (Vernon 1998).”
Electric Reliability v. Just Energy (2023) ca5 · cites it 2× “” Tex. Util. Code § 31.001(a); accord §§ 31.”
Dallas Area Rapid Transit v. Oncor Electric Delivery Co. (2010) texapp · cites it 2× “The source of the PUC's power is clearly stated in the Public Utility Regulatory Act ("PURA"), which states in part, "The purpose of this subtitle is to establish a comprehensive and adequate regulatory system for electric utilities to assure rates, operations and services that…”
Kevin Ellis v. Reliant Energy Retail Services, LLC (2013) texapp “Tex. Util.Code Ann. § 31.001(a) (West 2007) (emphases added).”
Elec Reliability Council v. Phillips (2024) ca5 “” Tex. Util. Code § 31.001(a). Part of PURA’s purpose is to develop “a competitive wholesale electric market that allows for increased participation by electric utilities.”
Houston Lighting & Power Co. v. Auchan USA, Inc. (1999) tex “While it is true that when Auchan’s outage occurred, the Utility Code expressly recognized that the electric utility industry “is becoming a more competitive industry that does not lend itself to traditional electric utility regulatory rules, policies, and principles,” Tex.…”
Public Utility Commission v. City Public Service Board of San Antonio (2003) texapp “Laws 3972 , 3988-89 (codified at Tex. Util.Code Ann. § 31.001(c)). The centerpiece of PURA 95’s wholesale-deregulation scheme is a requirement that electric utilities provide open access to their transmission facilities.”
Oncor Electric Delivery Company LLC v. Giovanni Homes Corporation (2014) texapp “” Tex. UtiLCode Ann. § 31.001(a). Except as otherwise provided by the PURA, “[p]ublic agencies regulate electric utility rates, operations, and services.”
Southwestern Electric Power Company v. Public Utility Commission of Texas (2011) texapp “*426 Tex. Util.Code Ann. § 31.001(c) (West 2007).”
— Tex. Util. Code § 31.001(a) — 16 cases
Southwestern Electric Power Co. v. Grant (2002) tex “" Tex. Util.Code § 31.001(a). Because electric utilities were regional and service monopolies, the PURA authorized the PUC to regulate utilities as a substitute for competitive forces.”
Electric Reliability v. Just Energy (2023) ca5 “” Tex. Util. Code § 31.001(a); accord §§ 31.”
Dallas Area Rapid Transit v. Oncor Electric Delivery Co. (2010) texapp “The source of the PUC's power is clearly stated in the Public Utility Regulatory Act ("PURA"), which states in part, "The purpose of this subtitle is to establish a comprehensive and adequate regulatory system for electric utilities to assure rates, operations and services that…”
Kevin Ellis v. Reliant Energy Retail Services, LLC (2013) texapp “Tex. Util.Code Ann. § 31.001(a) (West 2007) (emphases added).”
Elec Reliability Council v. Phillips (2024) ca5 “” Tex. Util. Code § 31.001(a). Part of PURA’s purpose is to develop “a competitive wholesale electric market that allows for increased participation by electric utilities.”
— Tex. Util. Code § 31.001(b) — 5 cases
Southwestern Electric Power Co. v. Grant (2002) tex “" Tex. Util.Code § 31.001(a). Because electric utilities were regional and service monopolies, the PURA authorized the PUC to regulate utilities as a substitute for competitive forces.”
City of Corpus Christi v. Public Utility Commission of Texas (2001) tex “We are troubled by the appearance of haste in proceedings as significant as these, but we cannot say, on balance, that the Cities were denied constitutional due process. .Former Tex.Rev.Civ. Stat. Ann.”
— Tex. Util. Code § 31.001(c) — 5 cases
Houston Lighting & Power Co. v. Auchan USA, Inc. (1999) tex “While it is true that when Auchan’s outage occurred, the Utility Code expressly recognized that the electric utility industry “is becoming a more competitive industry that does not lend itself to traditional electric utility regulatory rules, policies, and principles,” Tex.…”
Public Utility Commission v. City Public Service Board of San Antonio (2003) texapp “Laws 3972 , 3988-89 (codified at Tex. Util.Code Ann. § 31.001(c)). The centerpiece of PURA 95’s wholesale-deregulation scheme is a requirement that electric utilities provide open access to their transmission facilities.”
Southwestern Electric Power Company v. Public Utility Commission of Texas (2011) texapp “*426 Tex. Util.Code Ann. § 31.001(c) (West 2007).”
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