Texas Utilities Code 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.
Terms Used In Texas Utilities Code 14.101
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Property: means real and personal property. See Texas Government Code 311.005
(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.