Public power utility governing bodies are exempt from the open-meeting requirement for competitive matters, but may still hold closed sessions under other chapter exceptions.
Sec. 551.086. CERTAIN PUBLIC POWER UTILITIES: COMPETITIVE MATTERS. (a) Notwithstanding anything in this chapter to the contrary, the rules provided by this section apply to competitive matters of a public power utility. (b) In this section: (1) "Public power utility" means an entity providing electric or gas utility services that is subject to the provisions of this chapter. (2) "Public power utility governing body" means the board of trustees or other applicable governing body, including a city council, of a public power utility. (3) Repealed by Acts 2011, 82nd Leg., R.S., Ch. 925, Sec. 3, eff. June 17, 2011. (c) This chapter does not require a public power utility governing body to conduct an open meeting to deliberate, vote, or take final action on any competitive matter, as that term is defined by Section 552.133. This section does not limit the right of a public power utility governing body to hold a closed session under any other exception provided for in this chapter. (d) For purposes of Section 551.041, the notice of the subject matter of an item that may be considered as a competitive matter under this section is required to contain no more than a general representation of the subject matter to be considered, such that the competitive activity of the public power utility with respect to the issue in question is not compromised or disclosed. (e) With respect to municipally owned utilities subject to this section, this section shall apply whether or not the municipally owned utility has adopted customer choice or serves in a multiply certificated service area under the Utilities Code. (f) Nothing in this section is intended to preclude the application of the enforcement and remedies provisions of Subchapter G. Added by Acts 1999, 76th Leg., ch. 405, Sec. 45, eff. Sept. 1, 1999. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 925 (S.B. 1613), Sec. 1, eff. June 17, 2011. Acts 2011, 82nd Leg., R.S., Ch. 925 (S.B. 1613), Sec. 3, eff. June 17, 2011.