Sec. 40.004.  JURISDICTION OF COMMISSION.  Except as specifically otherwise provided in this chapter, the commission has jurisdiction over municipally owned utilities only for the following purposes:
(1)  to regulate wholesale transmission rates and service, including terms of access, to the extent provided by Subchapter A, Chapter 35;
(2)  to regulate certification of retail service areas to the extent provided by Chapter 37;
(3)  to regulate rates on appeal under Subchapters D and E, Chapter 33, subject to Section 40.051(c);
(4)  to establish a code of conduct as provided by Section 39.157(e) applicable to anticompetitive activities and to affiliate activities limited to structurally unbundled affiliates of municipally owned utilities, subject to Section 40.054;
(5)  to establish terms and conditions for open access to transmission and distribution facilities for municipally owned utilities providing customer choice, as provided by Section 39.203;
(6)  to administer the natural gas energy credits program under Section 39.9044(b);
(7)  to require reports of municipally owned utility operations only to the extent necessary to:
(A)  enable the commission to determine the aggregate load and energy requirements of the state and the resources available to serve that load; or
(B)  enable the commission to determine information relating to market power as provided by Section 39.155; and
(8)  to evaluate and monitor the cybersecurity preparedness of a municipally owned utility described by Section 39.1516(a)(3) or (4).
Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.
Amended by: 
Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 16.005, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 610 (S.B. 936), Sec. 9, eff. September 1, 2019.
Acts 2023, 88th Leg., R.S., Ch. 410 (H.B. 1500), Sec. 42, eff. September 1, 2023.