Texas Utilities Code
§ 39.903 — SYSTEM BENEFIT FUND
UT § 39.903Title 2. PUBLIC UTILITY REGULATORY ACT · Part B. ELECTRIC UTILITIES · Ch. 39. RESTRUCTURING OF ELECTRIC UTILITY INDUSTRY · Art. Z. MISCELLANEOUS PROVISIONS
Statute text
View on source(a)The system benefit fund is an account in the general revenue fund. Money in the account may be appropriated only for the purposes provided by this section or other law. Interest earned on the system benefit fund shall be credited to the fund. Section 403.095, Government Code, does not apply to the system benefit fund.
(b)The system benefit fund is financed by a nonbypassable fee set by the commission in an amount not to exceed 65 cents per megawatt hour. The system benefit fund fee is allocated to customers based on the amount of kilowatt hours used.
(c)The nonbypassable fee may not be imposed on the retail electric customers of a municipally owned utility or electric cooperative before the sixth month preceding the date on which the utility or cooperative implements customer choice. Money distributed from the system benefit fund to a municipally owned utility or an electric cooperative shall be proportional to the nonbypassable fee paid by the municipally owned utility or the electric cooperative, subject to the reimbursement provided by Subsection (i). On request by a municipally owned utility or electric cooperative, the commission shall reduce the nonbypassable fee imposed on retail electric customers served by the municipally owned utility or electric cooperative by an amount equal to the amount provided by the municipally owned utility or electric cooperative or its ratepayers for local low-income programs and local programs that educate customers about the retail electric market in a neutral and nonpromotional manner.
(d)The commission shall annually review and approve system benefit fund accounts, projected revenue requirements, and proposed nonbypassable fees.
(e)Money in the system benefit fund may be appropriated to provide funding solely for the following regulatory purposes, in the following order of priority:
(1)programs to:
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Legislative history
Acts 2005, 79th Leg., Ch. 412 (S.B. 1652), Sec. 17, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 21.001, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 797 (S.B. 408), Sec. 11, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 797 (S.B. 408), Sec. 12, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 899 (S.B. 1863), Sec. 14.01, eff. August 29, 2005. Acts 2013, 83rd Leg., R.S., Ch. 170 (H.B. 1600), Sec. 1.10, eff. September 1, 2013. Acts 2013, 83rd Leg., R.S., Ch. 835 (H.B. 7), Sec. 16, eff. June 14, 2013. Acts 2015, 84th Leg., R.S., Ch. 706 (H.B. 1101), Sec. 1, eff. June 17, 2015.