Texas Codes

Tex. Util. Code § 38.022 (2026)

Discrimination And Restriction On Competition

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Sec. 38.022. DISCRIMINATION AND RESTRICTION ON COMPETITION. An electric utility may not:

(1) discriminate against a person or electric cooperative who sells or leases equipment or performs services in competition with the electric utility; or

(2) engage in a practice that tends to restrict or impair that competition.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 405, Sec. 37, eff. Sept. 1, 1999.

SUBCHAPTER C. EXAMINATIONS, TESTS, AND INSPECTIONS


Notes of Decisions
Cited in 1 case, 2009–2009 · leading case: Navo South Dev. Partners, Ltd. v. Denton Cnty. Elec. Coop., Inc., 669 F. Supp. 2d 747 (E.D. Tex. 2009).
Navo South Dev. Partners, Ltd. v. Denton Cnty. Elec. Coop., Inc., 669 F. Supp. 2d 747 (E.D. Tex. 2009). “Tex. Util. Code Ann. § 38.022 . The Commission is charged with protecting against anti-competitive practices.”
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