Texas Codes

Tex. Util. Code § 39.401 (2026)

Applicability

✓ current as of May 2026

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Sec. 39.401. APPLICABILITY. This subchapter shall apply to investor-owned electric utilities operating solely outside of ERCOT having fewer than six synchronous interconnections with voltage levels above 69 kilovolts systemwide on the effective date of this subchapter. The legislature finds that circumstances exist that require that areas served by such utilities be treated as competitive development areas in which it is not in the public interest to transition to full retail customer choice at this time.

Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1041, Sec. 1, eff. June 15, 2001.

Notes of Decisions

Cited in 2 cases, 2008–2008 · leading case: Lamb Cnty. Elec. Coop., Inc. v. Pub. Util. Comm'n of Texas (Tex. App. 2008).

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Lamb Cnty. Elec. Coop., Inc. v. Pub. Util. Comm'n of Texas (Tex. App. 2008). “See Tex. Util. Code Ann. §§ 39.401 -.463 (West 2007) (excluding certain utilities from the transition to competition and providing that those utilities will continue to be “regulated under traditional cost of service regulation”); id.”

Lamb Cnty. Elec. Coop., Inc. v. Pub. Util. Comm'n of Texas (Tex. App. 2008). “See Tex. Util. Code Ann. §§ 39.401 -.463 (West 2007) (excluding certain utilities from the transition to competition and providing that those utilities will continue to be "regulated under traditional cost of service regulation"); id .”

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