Texas Codes

Tex. Util. Code § 39.353 (2026)

Registration Of Aggregators

✓ current as of May 2026

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Sec. 39.353. REGISTRATION OF AGGREGATORS. (a) A person may not provide aggregation services in the state unless the person is registered with the commission as an aggregator.

(b) In this subchapter, "aggregator" means a person joining two or more customers, other than municipalities and political subdivision corporations, into a single purchasing unit to negotiate the purchase of electricity from retail electric providers. Aggregators may not sell or take title to electricity. Retail electric providers are not aggregators.

(c) A person registering under this section shall comply with all customer protection provisions, all disclosure requirements, and all marketing guidelines established by the commission and by this title.

(d) The commission shall establish terms and conditions it determines necessary to regulate the reliability and integrity of aggregators in the state by June 1, 2000.

(e) An aggregator may register any time after September 1, 2000.

(f) The commission shall have up to 60 days to process applications for registration filed by aggregators.

(g) Registration is not required of a customer that is aggregating loads from its own location or facilities.

(h) The commission shall work with the Texas Department of Economic Development to communicate information about opportunities for operation as aggregators to potential new aggregators, including small and historically underutilized businesses.

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

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2001–2026 · leading case: Steering Committees for the Cities Served by TXU Elec. v. Pub. Util. Comm'n, 42 S.W.3d 296 (Tex. App. 2001).

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Steering Committees for the Cities Served by TXU Elec. v. Pub. Util. Comm'n, 42 S.W.3d 296 (Tex. App. 2001). · cites it 4× “[[Image here]] Tex.Util.Code Ann. §§ 39.353, .354, .3545 (West Supp.”

Steering Committees for the Cities Served by TXU Elec. & Cent. Power & Light Co. v. Pub. Util. Comm'n & TXU Energy Servs. Co. (Tex. App. 2001). · cites it 6× “(3) Tex. Util. Code Ann. § 39.353 (b) (West Supp.”

Untitled Texas Attorney Gen. Opinion: KP-0505 (Tex. Att'y Gen. 2026). “TEX. UTIL. CODE § 39.353(h). HUBs are also granted special access to senior managers and procurement personnel through forums held at state agency offices.”

City of Dallas, Texas v. Pub. Util. Comm'n of Texas (Tex. App. 2014). “” Tex. Util Code § 39.353(b). The Commission promulgated a rule regarding the certification and registration of aggregators, and the rule explained that municipal aggregators may not purchase electricity for resale to their citizens.”

— Tex. Util. Code § 39.353(b) — 2 cases

Steering Committees for the Cities Served by TXU Elec. v. Pub. Util. Comm'n, 42 S.W.3d 296 (Tex. App. 2001). “[[Image here]] Tex.Util.Code Ann. §§ 39.353, .354, .3545 (West Supp.”

— Tex. Util. Code § 39.353(h) — 1 case

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