Tex. Codes » Utilities Code · TITLE 2. PUBLIC UTILITY REGULATORY ACT · SUBTITLE B. ELECTRIC UTILITIES · CHAPTER 35. ENERGY PROVIDERS
Texas Codes

Tex. Util. Code § 35.002 (2026)

Right To Compete At Wholesale

✓ current as of May 2026
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Sec. 35.002. RIGHT TO COMPETE AT WHOLESALE. A provider of generation, including an electric utility affiliate, exempt wholesale generator, and qualifying facility, may compete for the business of selling power.

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

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1998–2025 · leading case: Pub. Util. Com'n v. City Pub. Ser. Bd., 53 S.W.3d 310 (Tex. 2001).
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Pub. Util. Com'n v. City Pub. Ser. Bd., 53 S.W.3d 310 (Tex. 2001). “In light of that determination, I do not understand how it is possible to conclude, as the Court does, that the exact same statute in 1995, minus the provision added in 1999, prohibited the Commission's postage stamp rate methodology. I would reverse the judgment of the court of…”
North Star Steel Texas, Inc. v. Entergy Gulf States, Inc., 33 F. Supp. 2d 557 (S.D. Tex. 1998). “See Tex. Util.Code Ann. §§ 35.002, 35.003(a) (Vernon 1998).”
Ken Paxton, in His Off. Capacity as Attorney Gen. for the State of Texas & the Off. of the Attorney Gen. for the State of Texas v. Delia Garza, in Her Off. Capacity as Travis Cnty. Attorney; John Creuzot, in His Off. Capacity as Dallas Cnty. Crim. Dist. Attorney; & Brian Middleton, in His Off. Capacity as Dist. Attorney of Fort Bend Cnty. (268th Jud. Dist.) (Tex. App. 2025). “34 TEX. UTIL. CODE § 35.002.................”
Am. Zurich Ins. Co. v. Daniel Samudio (Tex. App. 2015). “1 In PURA95, the Legislature instructed the Public Utility Commission to “adopt rules relating to wholesale transmission service, rates, and access.” 2 We must decide whether the Commission exceeded this statutory authority when it promulgated rules establishing the rates that…”
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