Texas Codes

Tex. Util. Code § 33.002 (2026)

Surrender Of Municipal Jurisdiction To Commission

✓ current as of May 2026

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

(b) A municipality may elect to have the commission exercise exclusive original jurisdiction over electric utility rates, operations, and services in the municipality by ordinance or by submitting the question of the surrender of its jurisdiction to the voters at a municipal election.

(c) The governing body of a municipality shall submit at a municipal election the question of surrendering its jurisdiction to the commission if the governing body receives a petition signed by a number of qualified voters of the municipality equal to at least the lesser of 20,000 or 10 percent of the number of voters voting in the last preceding general election in the municipality.

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

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2013–2025 · leading case: Oncor Elec. Delivery Co. LLC v. Pub. Util. Comm'n of Texas, 406 S.W.3d 253 (Tex. App. 2013).

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Oncor Elec. Delivery Co. LLC v. Pub. Util. Comm'n of Texas, 406 S.W.3d 253 (Tex. App. 2013). “Tex. Util.Code § 33.002. Section 33.004(a) provides that if a municipality has not surrendered its jurisdiction, local utility service in the municipality is exempt from regulation by the Commission to the extent that subtitle B of PURA applies to local service.”

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). · cites it 2× “5 Tex. Util. Code § 33.002 ................”

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