Texas Codes

Tex. Util. Code § 33.023 (2026)

Ratemaking Proceedings

✓ current as of May 2026
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Sec. 33.023. RATEMAKING PROCEEDINGS. (a) The governing body of a municipality participating in or conducting a ratemaking proceeding may engage rate consultants, accountants, auditors, attorneys, and engineers to:

(1) conduct investigations, present evidence, and advise and represent the governing body; and

(2) assist the governing body with litigation in an electric utility ratemaking proceeding before the governing body, a regulatory authority, or a court.

(b) The electric utility in the ratemaking proceeding shall reimburse the governing body of the municipality for the reasonable cost of the services of a person engaged under Subsection (a) to the extent the applicable regulatory authority determines is reasonable.

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

Notes of Decisions
Cited in 8 cases, 1998–2015 · leading case: Pub. Util. Comm'n v. Cities of Harlingen, 311 S.W.3d 610 (Tex. App. 2010).
Pub. Util. Comm'n v. Cities of Harlingen, 311 S.W.3d 610 (Tex. App. 2010). · cites it 3× “Tex. Util.Code Ann. § 33.023 (West 2007).”
Sw. Pub. Serv. Co. v. Pub. Util. Comm'n of Texas, 962 S.W.2d 207 (Tex. App. 1998). “See Tex. Util.Code Ann. § 33.025(a) (West 1998).”
CenterPoint Energy Houston Elec., LLC & Pub. Util. Comm'n of Texas v. Gulf Coast Coalition of Cities, Texas Indus. Energy Consumers, the State of Texas & Occidental Power Mktg., L.P. (Tex. App. 2008). “CenterPoint had incurred the fees in its true-up proceeding, its final fuel reconciliation proceeding, and the proceedings underlying this appeal. Approximately $5 million of the fees were GCCC expenses that CenterPoint was required to pay under PURA section 33.”
Entergy Texas, Inc. v. Pub. Util. Comm'n of Texas, Off. of Pub. Util. Couns., & State of Texas Agencies & Institutions of Higher Educ. (Tex. App. 2015). “See Tex. Util. Code § 33.023(b). 8 should not recover the expenses it incurred in the rate case arguing that the Commission should abandon the two-bucket approach to incentive compensation.”
— Tex. Util. Code § 33.023(a) — 1 case
Pub. Util. Comm'n v. Cities of Harlingen, 311 S.W.3d 610 (Tex. App. 2010). “Tex. Util.Code Ann. § 33.023 (West 2007).”
— Tex. Util. Code § 33.023(b) — 2 cases
Sw. Pub. Serv. Co. v. Pub. Util. Comm'n of Texas, 962 S.W.2d 207 (Tex. App. 1998). “See Tex. Util.Code Ann. § 33.025(a) (West 1998).”
Entergy Texas, Inc. v. Pub. Util. Comm'n of Texas, Off. of Pub. Util. Couns., & State of Texas Agencies & Institutions of Higher Educ. (Tex. App. 2015). “See Tex. Util. Code § 33.023(b). 8 should not recover the expenses it incurred in the rate case arguing that the Commission should abandon the two-bucket approach to incentive compensation.”
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