(a) An agency may not engage in any utility business other than:
(1) the generation and sale or exchange of electric energy to:
(A) a participating public entity; or
(B) a private entity that owns jointly with the agency an electric generating facility in this state; or
(2) the provision of wholesale transmission service under Chapter 35.
(b) The agency may:
(1) perform any act necessary to the full exercise of the agency’s powers;
(2) enter into a contract, lease, or agreement with or accept a grant or loan from a:
(A) department or agency of the United States;
(B) department, agency, or political subdivision of this state; or
(C) public or private person;
(3) use the uniform system of accounts prescribed for utilities and licenses by the Federal Energy Regulatory Commission; and
(4) adopt rules to govern the operation of the agency and its employees, facilities, and service.

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Terms Used In Texas Utilities Code 163.080

  • Contract: A legal written agreement that becomes binding when signed.
  • 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
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Property: means real and personal property. See Texas Government Code 311.005
  • United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

(c) The agency may sell, lease, convey, or otherwise dispose of any right, interest, or property of the agency, including its electric facilities. A sale, lease, conveyance, or other disposition having a value of more than $10 million shall require prior approval of each participating public entity, unless the public entities have agreed otherwise by written contract or the property was purchased by the agency for mining purposes.