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

Tex. Util. Code § 35.0021 (2026)

Weather Emergency Preparedness

✓ current as of May 2026
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Sec. 35.0021. WEATHER EMERGENCY PREPAREDNESS. (a) This section applies only to a municipally owned utility, electric cooperative, power generation company, or exempt wholesale generator that sells electric energy at wholesale in the ERCOT power region.

(b) The commission by rule shall require each provider of electric generation service described by Subsection (a) to implement measures to prepare the provider's generation assets to provide adequate electric generation service during a weather emergency according to reliability standards adopted by the commission. In adopting the rules, the commission shall take into consideration weather predictions produced by the office of the state climatologist.

(c) The independent organization certified under Section 39.151 for the ERCOT power region shall:

(1) inspect generation assets in the ERCOT power region for compliance with the reliability standards;

(2) provide the owner of a generation asset with a reasonable period of time in which to remedy any violation the independent organization discovers in an inspection; and

(3) report to the commission any violation.

(c-1) The independent organization certified under Section 39.151 for the ERCOT power region shall prioritize inspections conducted under Subsection (c)(1) based on risk level, as determined by the organization.

(d) The commission by rule shall require a provider of electric generation service described by Subsection (a) for a generation asset that experiences repeated or major weather-related forced interruptions of service to:

(1) contract with a person who is not an employee of the provider to assess the provider's weatherization plans, procedures, and operations for that asset; and

(2) submit the assessment to the commission and the independent organization certified under Section 39.151 for the ERCOT power region.

(e) The commission may require a provider of electric generation service described by Subsection (a) to implement appropriate recommendations included in an assessment submitted to the commission under Subsection (d).

(f) The independent organization certified under Section 39.151 for the ERCOT power region shall review, coordinate, and approve or deny requests by providers of electric generation service described by Subsection (a) for a planned power outage during any season and for any period of time.

(g) The commission shall impose an administrative penalty on an entity, including a municipally owned utility or an electric cooperative, that violates a rule adopted under this section and does not remedy that violation within a reasonable period of time.

Added by Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 13, eff. June 8, 2021.

Notes of Decisions
Cited in 3 cases (3 in the last 5 years), 2023–2024 · leading case: In Re Luminant Generation Co. LLC. NRG Texas Power LLC, Calpine Corp., ExGen Handley Power, LLC N/K/A Constellation Handley Power LLC v. the State of Texas (Tex. App. 2023).
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In Re Luminant Generation Co. LLC. NRG Texas Power LLC, Calpine Corp., ExGen Handley Power, LLC N/K/A Constellation Handley Power LLC v. the State of Texas (Tex. App. 2023). · cites it 2× “, TEX. UTIL. CODE § 35.0021 (providing that PUC will require each power generation company to prepare generation assets to provide adequate electric generation service during weather emergency).”
Aspire Power Ventures, LP v. Pub. Util. Comm'n of Texas, Elec. Reliability Council of Texas, Thomas Gleeson, Lori Cobos, Jimmy Glotfelty, Kathleen Jackson, & Courtney Hjaltman (Tex. App. 2024). · cites it 2× “1513); see also Sunset Advisory Commission, supra note 183 at 1 (“In response to the disaster, the Legislature took swift action, completely overhauling PUC's and ERCOT's governance structures and making numerous changes to the electric industry and market ....”); id. at 106.”
Elec. Reliability Council of Texas, Inc. v. Panda Power Generation Infrastructure Fund, LLC, D/B/A Panda Power Funds Panda Sherman Power Holdings, LLC Panda Sherman Power Intermediate Holdings I, LLC Panda Sherman Power Intermediate Holdings II, LLC Panda Sherman Power, LLC Panda Temple Power Holdings, LLC Panda Temple Power Intermediate Holdings I, LLC Panda Temple Power Intermediate Holdings II, LLC Panda Temple Power, LLC Panda Temple Power II Holdings, LLC Panda Temple Power II Intermediate Holdings I, LLC (Tex. 2023). “3) (codified at TEX. UTIL. CODE §§ 35.0021, 38.075); see also 16 TEX.”
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