Tex. Codes » Utilities Code · TITLE 2. PUBLIC UTILITY REGULATORY ACT · SUBTITLE B. ELECTRIC UTILITIES · CHAPTER 37. CERTIFICATES OF CONVENIENCE AND NECESSITY
Texas Codes

Tex. Util. Code § 37.054 (2026)

Notice And Hearing On Application

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Sec. 37.054. NOTICE AND HEARING ON APPLICATION. (a) When an application for a certificate is filed, the commission shall:

(1) give notice of the application to interested parties and to the office; and

(2) if requested:

(A) set a time and place for a hearing; and

(B) give notice of the hearing.

(b) A person or electric cooperative interested in the application may intervene at the hearing.

(c) In addition to any notice provided under Subsection (a), the commission shall require the applicant to provide written notice of each substation proposed to be authorized by a certificate of convenience and necessity to each owner of:

(1) property adjacent to the property on which the substation will be located; and

(2) property located directly across a highway, road, or street that is adjacent to the property on which the substation will be located.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 405, Sec. 31, eff. Sept. 1, 1999.

Amended by:

Acts 2011, 82nd Leg., R.S., Ch. 416 (S.B. 855), Sec. 2, eff. June 17, 2011.

Acts 2023, 88th Leg., R.S., Ch. 1053 (S.B. 365), Sec. 1, eff. September 1, 2023.

Notes of Decisions
Cited in 4 cases, 2009–2012 · leading case: Coastal Habitat All. v. Pub. Util. Comm'n, 294 S.W.3d 276 (Tex. App.—Austin 2009).
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Coastal Habitat All. v. Pub. Util. Comm'n, 294 S.W.3d 276 (Tex. App.—Austin 2009). · cites it 4× “See Tex. Util.Code Ann. § 37.054(b) (West 2007).”
Oncor Elec. Delivery Co. v. Dallas Area Rapid Transit, 369 S.W.3d 845 (Tex. 2012). “See Tex. Util.Code § 37.054("(a) When an application for a certificate is filed, the commission shall: (1) give notice of the application to interested parties and to the office; and (2) if requested: (A) set a time and place for a hearing; and (B) give notice of the hearing,…”
Coastal Habitat All. v. Pub. Util. Comm'n of Texas Barry T. Smitherman, No. 03-08-00205-CV (Tex. App.—Austin July 8, 2009). · cites it 2× “See Tex. Util. Code Ann. § 37.054 (b) (West 2007).”
Coastal Habitat All. v. Pub. Util. Comm'n of Texas Barry T. Smitherman, No. 03-08-00205-CV (Tex. App.—Austin July 8, 2009). · cites it 2× “See Tex. Util. Code Ann. § 37.054 (b) (West 2007).”
Tex. Util. Code § 37.054(b): 1 case
Coastal Habitat All. v. Pub. Util. Comm'n, 294 S.W.3d 276 (Tex. App.—Austin 2009). “See Tex. Util.Code Ann. § 37.054(b) (West 2007).”
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