{"data":{"id":"us-tx/tex.-utilities-code-35.034","jurisdiction":"us-tx","citation":"Tex. Utilities Code § 35.034","heading":"TRANSFER OF ASSETS.","body":"(a) Unless an electric utility receives commission approval under Subsection (b), the utility may not sell or transfer a facility to an affiliate or otherwise consider the facility to be an eligible facility as defined by federal law if on May 27, 1995, the utility had a rate or charge in effect:\n(1) for or in connection with the construction of the facility;\n(2) for electric energy produced by the construction of the facility; or\n(3) for electric energy produced by the facility other than a portion of a rate or charge that represents recovery of the cost of a wholesale rate or charge.\n(b) The commission, after notice and hearing, may allow an electric utility to sell or transfer a facility governed by Subsection (a) to an affiliate or otherwise allow the facility to become an eligible facility only if the transaction:\n(1) will benefit ratepayers of the utility making the sale or transfer;\n(2) is in the public interest; and\n(3) otherwise complies with state law.\n(c) For purposes of this section, \"electric utility\" does not include a river authority.\nActs 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 405, Sec. 20, eff. Sept. 1, 1999.","path":["UTILITIES CODE","TITLE 2. PUBLIC UTILITY REGULATORY ACT","SUBTITLE B. ELECTRIC UTILITIES","CHAPTER 35. ENERGY PROVIDERS","SUBCHAPTER B. EXEMPT WHOLESALE GENERATORS, DISTRIBUTED NATURAL GAS GENERATION FACILITIES, AND POWER MARKETERS"],"source_url":"https://statutes.capitol.texas.gov/Docs/UT/htm/UT.35.htm#35.034","current_through":"89th 2nd Called Legislative Session, 2025","vintage":"","retrieved_at":"2026-08-27T01:47:45Z","sha256":"6c2bb75e54a47cf389e91f22a1560d4ea33005a2ccf354990e94154e699d4477","source_id":"us-tx","stale":false,"prev":"us-tx/tex.-utilities-code-35.033","next":"us-tx/tex.-utilities-code-35.035"},"notice":"GroundRules: Original legal text. Not legal advice."}