Tex. Util. Code § 37.152

Grounds For Reduction Of Service

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Sec. 37.152. GROUNDS FOR REDUCTION OF SERVICE. (a) Unless the commission issues a certificate that the present and future convenience and necessity will not be adversely affected, a certificate holder may not discontinue, reduce, or impair service to any part of the holder's certificated service area except for:

(1) nonpayment of charges;

(2) nonuse; or

(3) another similar reason that occurs in the usual course of business.

(b) A discontinuance, reduction, or impairment of service must be in compliance with and subject to any condition or restriction the commission prescribes.

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

Notes of Decisions

Cited in 2 cases, 1998–2009 · leading case: Hidden Oaks Limited, Hidden Oaks Limited, Plaintiff-Appellee-Cross-Appellant v. The City of Austin, Defendant-Appellant-

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Hidden Oaks Limited, Hidden Oaks Limited, Plaintiff-Appellee-Cross-Appellant v. The City of Austin, Defendant-Appellant- (1998) ca5 “” Tex. Util. Code Ann. § 37.152 . 8 We find that these provisions demonstrate an entitlement to continuous and adequate utility service, which may be removed only “for cause.”

Navo South Development Partners, Ltd. v. Denton County Electric Cooperative, Inc. (2009) txed “Tex. Util. Code Ann. § 37.152 . The right to sell the certificate is not unencumbered.”

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