Texas § 14.101 REPORT OF CERTAIN TRANSACTIONS; COMMISSION CONSIDERATION.

Texas Statutes

§ 14.101 — REPORT OF CERTAIN TRANSACTIONS; COMMISSION CONSIDERATION.

Texas § 14.101

Code UTUtilities Code

This text of Texas § 14.101 (REPORT OF CERTAIN TRANSACTIONS; COMMISSION CONSIDERATION.) is published on Counsel Stack Legal Research, covering Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Tex. Utilities Code Code Ann. § 14.101 (2026).

Text

Sec. 14.101. REPORT OF CERTAIN TRANSACTIONS; COMMISSION CONSIDERATION.

(a)Unless a public utility reports the transaction to the commission within a reasonable time, the public utility may not:

(1)sell, acquire, or lease a plant as an operating unit or system in this state for a total consideration of more than $10 million; or

(2)merge or consolidate with another public utility operating in this state.

(b)A public utility shall report to the commission within a reasonable time each transaction that involves the sale of at least 50 percent of the stock of the utility. On the filing of a report with the commission, the commission shall investigate the transaction, with or without a public hearing, to determine whether the action is consistent with the public interest. In reaching its det

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Sec. 14.101. REPORT OF CERTAIN TRANSACTIONS; COMMISSION CONSIDERATION. (a) Unless a public utility reports the transaction to the commission within a reasonable time, the public utility may not:
(1) sell, acquire, or lease a plant as an operating unit or system in this state for a total consideration of more than $10 million; or
(2) merge or consolidate with another public utility operating in this state.
(b) A public utility shall report to the commission within a reasonable time each transaction that involves the sale of at least 50 percent of the stock of the utility. On the filing of a report with the commission, the commission shall investigate the transaction, with or without a public hearing, to determine whether the action is consistent with the public interest. In reaching its determination, the commission shall consider:
(1) the reasonable value of the property, facilities, or securities to be acquired, disposed of, merged, transferred, or consolidated;
(2) whether the transaction will:
(A) adversely affect the health or safety of customers or employees;
(B) result in the transfer of jobs of citizens of this state to workers domiciled outside this state; or
(C) result in the decline of service;
(3) whether the public utility will receive consideration equal to the reasonable value of the assets when it sells, leases, or transfers assets; and
(4) whether the transaction is consistent with the public interest.
(c) If the commission finds that a transaction is not in the public interest, the commission shall take the effect of the transaction into consideration in ratemaking proceedings and disallow the effect of the transaction if the transaction will unreasonably affect rates or service.
(d) This section does not apply to:
(1) the purchase of a unit of property for replacement;
(2) an addition to the facilities of a public utility by construction; or
(3) transactions that facilitate unbundling, asset valuation, minimization of ownership or control of generation assets, or other purposes consistent with Chapter 39 .

Legislative History

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 405, Sec. 9, eff. Sept. 1, 1999. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 129 (H.B. 1753 ), Sec. 1, eff. September 1, 2011.