Section 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). Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 410,Sec. 42, eff. 9/1/2023. Acts 2019, 86th Leg., R.S., Ch. 610 (S.B. 936), Sec. 9, eff. September 1, 2019Amended by: Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 16.005, eff. September 1, 2019Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999.