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Texas Utilities Code

§ 39.360 — TRANSACTIONS WITH CERTAIN FOREIGN-OWNED COMPANIES IN CONNECTION WITH CRITICAL INFRASTRUCTURE

UT § 39.360Title 2. PUBLIC UTILITY REGULATORY ACT · Part B. ELECTRIC UTILITIES · Ch. 39. RESTRUCTURING OF ELECTRIC UTILITY INDUSTRY · Art. H. CERTIFICATION AND REGISTRATION; PENALTIES

Statute text

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(a)In this section, "company" and "critical infrastructure" have the meanings assigned by Section 117.001, Business & Commerce Code.
(b)An independent organization certified under Section 39.151 may not register a business entity as a market participant or maintain the registration of a business entity to operate as a market participant in the power region for which the independent organization is certified unless the business entity attests that the entity complies with Chapter 117, Business & Commerce Code.
(c)An independent organization certified under Section 39.151 shall require as a condition of operating as a market participant in the power region for which the independent organization is certified that a business entity report to the independent organization the purchase of any critical electric grid equipment or service from a company described by Section 117.002(a)(2), Business & Commerce Code.
(d)For each purchase reported by a business entity under Subsection (c), the business entity shall submit an attestation to the independent organization that the purchase will not result in access to or control of its critical electric grid equipment by a company described by Section 117.002(a)(2), Business & Commerce Code, excluding access specifically allowed by the business entity for product warranty and support purposes. (d-1) An independent organization certified under Section 39.151 may:
(1)require as a condition of market participant registration that a business entity provide the independent organization with additional information to confirm the accuracy of an attestation or report required under Subsection (b), (c), or (d); and
(2)disclose information received under Subdivision (1) or any other relevant information to the attorney general or the commission.
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Legislative history

Acts 2025, 89th Leg., R.S., Ch. 204 (H.B. 1620), Sec. 21.001, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 1020 (S.B. 2368), Sec. 5, eff. September 1, 2025.