Texas Utilities Code

§ 39.1514 — COMMISSION DIRECTIVES TO INDEPENDENT ORGANIZATION

UT § 39.1514Title 2. PUBLIC UTILITY REGULATORY ACT · Part B. ELECTRIC UTILITIES · Ch. 39. RESTRUCTURING OF ELECTRIC UTILITY INDUSTRY · Art. D. MARKET STRUCTURE

Statute text

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(a)The commission may not use a verbal directive to direct an independent organization certified under Section 39.151 to take an official action. The commission may direct the organization to take an official action only through:

(1)a contested case;

(2)rulemaking; or

(3)a memorandum or written order adopted by a majority vote. (a-1) The commission must use a contested case or rulemaking process to direct an independent organization certified under Section 39.151 to take an official action that will create a new cost or fee, increase an existing cost or fee, or impose significant operational obligations on an entity.

(b)The commission by rule shall:

(1)specify the types of directives the commission may issue through a contested case, rulemaking, memorandum, or written order, in accordance with Subsection (a-1);

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Legislative history

Added by Acts 2023, 88th Leg., R.S., Ch. 410 (H.B. 1500), Sec. 17, eff. September 1, 2023.