Texas § UT.40.001 - APPLICABLE LAW
Full text of Texas The Texas Constitution § UT.40.001 — APPLICABLE LAW, with citation guidance and answers to common questions.
§ UT.40.001. APPLICABLE LAW
APPLICABLE LAW. (a) Notwithstanding any other provision of law, except Sections 39.155 , 39.157 (e), and 39.203 , this chapter governs the transition to and the establishment of a fully competitive electric power industry for municipally owned utilities. With respect to the regulation of municipally owned utilities, this chapter controls over any other provision of this title, except for sections in which the term "municipally owned utility" is specifically used. (b) Except as specifically provided in this subsection, Chapter 39 does not apply to a river authority operating a steam generating plant on or before January 1, 1999, or a corporation authorized by Chapter 152 , Water Code, or Section 32.053 . A river authority operating a steam generating plant on or before January 1, 1999, is subject to Sections 39.051 (a)-(c), 39.108 , 39.1516 , 39.155 , 39.157 (e), and 39.203 . (c) For purposes of Section 39.051 , hydroelectric assets may not be deemed to be generating assets, and the transfer of generating assets to a corporation authorized by Chapter 152 , Water Code, satisfies the requirements of Section 39.051 . (d) Accommodation shall be made in the code of conduct established under Section 39.157 (e) for the provisions of Chapter 152 , Water Code, and the commission may not prohibit a river authority and any related corporation from sharing officers, directors, employees, equipment, and facilities or from providing goods or services to each other at cost without the need for a competitive bid. Added by Acts 1999, 76th Leg., ch. 405, Sec. 39, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.401, eff. Sept. 1, 2001. Amended by: Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170 ), Sec. 16.004, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 610 (S.B. 936 ), Sec. 8, eff. September 1, 2019. Acts 2023, 88th Leg., R.S., Ch. 410 (H.B. 1500 ), Sec. 41, eff. September 1, 2023.
Frequently Asked Questions About Texas § UT.40.001
What does The Texas Constitution § UT.40.001 cover?
Section UT.40.001 ("APPLICABLE LAW") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Texas § UT.40.001?
A common citation format is "The Texas Constitution § UT.40.001" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Texas law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.
How does Texas § UT.40.001 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Texas.