Tex. Utilities Code § 40.056
ANTICOMPETITIVE ACTIONS
Texas · Texas Utilities Code · Status: effective
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- Citation
- Tex. Utilities Code § 40.056, ANTICOMPETITIVE ACTIONS, Texas, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/576940
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Full text
(a) If, on complaint by a retail electric provider, the commission finds that a municipal rule, action, or order relating to customer choice is anticompetitive or does not provide other retail electric providers with nondiscriminatory terms and conditions of access to distribution facilities or customers within the municipally owned utility's certificated retail service area that are comparable to the municipally owned utility's and its affiliates' terms and conditions of access to distribution facilities or customers, the commission shall notify the municipally owned utility.
(b) The municipally owned utility shall have three months to cure the anticompetitive or noncompliant behavior described in Subsection (a), following opportunity for hearing on the complaint. If the rule, action, or order is not fully remedied within that time, the commission may prohibit the municipally owned utility or affiliate from providing retail service outside its certificated retail service area until the rule, action, or order is remedied.