Tex. Codes » Utilities Code · TITLE 2. PUBLIC UTILITY REGULATORY ACT · SUBTITLE B. ELECTRIC UTILITIES · CHAPTER 39. RESTRUCTURING OF ELECTRIC UTILITY INDUSTRY
Texas Codes

Tex. Util. Code § 39.106 (2026)

Provider Of Last Resort

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Sec. 39.106. PROVIDER OF LAST RESORT. (a) The commission shall designate retail electric providers in areas of the state in which customer choice is in effect to serve as providers of last resort.

(b) A provider of last resort shall offer a standard retail service package for each class of customers designated by the commission at a fixed, nondiscountable rate approved by the commission.

(c) A provider of last resort shall provide the standard retail service package to any requesting customer in the territory for which it is the provider of last resort.

(d) The commission shall designate the provider or providers of last resort not later than June 1, 2001.

(e) The commission shall determine the procedures and criteria, which may include the solicitation of bids, for designating a provider or providers of last resort. The commission may redesignate the provider of last resort according to a schedule it considers appropriate.

(f) In the event that no retail electric provider applies to be the provider of last resort for a given area of the state on reasonable terms and conditions, the commission may require a retail electric provider to become the provider of last resort as a condition of receiving or maintaining a certificate under Section 39.352.

(g) In the event that a retail electric provider fails to serve any or all of its customers, the provider of last resort shall offer that customer the standard retail service package for that customer class with no interruption of service to any customer.

Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.

Notes of Decisions
Cited in 4 cases, 2001–2003 · leading case: Off. of Pub. Util. Couns. v. Pub. Util. Comm'n, 104 S.W.3d 225 (Tex. App.—Austin 2003).
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Off. of Pub. Util. Couns. v. Pub. Util. Comm'n, 104 S.W.3d 225 (Tex. App.—Austin 2003). · cites it 2× “Tex. Util.Code Ann. § 39.106(b). As we have already discussed, a separate section of chapter 39 provides that affiliated REPs will be required to charge the Price to Beat, which is calculated to be six percent less than the pre-deregulation rates, adjusted for fuel costs.”
Reliant Energy, Inc. v. Pub. Util. Comm'n of Texas, 62 S.W.3d 833 (Tex. App.—Austin 2001). “Tex. Util.Code Ann. § 39.106(b). DISCUSSION In three issues, Reliant challenges the Commission’s scope of authority under PURA, both express and implied.”
Off. of Pub. Util. Couns. v. Pub. Util. Comm'n of Texas Reliant Resources, Inc., No. 03-02-00566-CV (Tex. App.—Austin Apr. 10, 2003). · cites it 2× “Tex. Util. Code Ann. § 39.106 (b). As we have already discussed, a separate section of chapter 39 provides that affiliated REPs will be required to charge the Price to Beat, which is calculated to be six percent less than the pre-deregulation rates, adjusted for fuel costs.”
Reliant Energy, Inc. v. Pub. Util. Comm'n of Texas Off. of Pub. Util. Couns. & Steering Committees for the Cities Served by TXU Elec. & Cent. Power & Light Co., No. 03-01-00195-CV (Tex. App.—Austin Nov. 15, 2001). “Tex. Util. Code Ann. § 39.106 (b). DISCUSSION In three issues, Reliant challenges the Commission's scope of authority under PURA, both express and implied.”
Tex. Util. Code § 39.106(b): 2 cases
Off. of Pub. Util. Couns. v. Pub. Util. Comm'n, 104 S.W.3d 225 (Tex. App.—Austin 2003). “Tex. Util.Code Ann. § 39.106(b). As we have already discussed, a separate section of chapter 39 provides that affiliated REPs will be required to charge the Price to Beat, which is calculated to be six percent less than the pre-deregulation rates, adjusted for fuel costs.”
Reliant Energy, Inc. v. Pub. Util. Comm'n of Texas, 62 S.W.3d 833 (Tex. App.—Austin 2001). “Tex. Util.Code Ann. § 39.106(b). DISCUSSION In three issues, Reliant challenges the Commission’s scope of authority under PURA, both express and implied.”
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