A deregulated company with a certificate of operating authority is exempt from several service, reporting, and pricing requirements, with one earnings-report exception if it receives Texas High Cost Universal Service Plan support.
Sec. 65.102. REQUIREMENTS. (a) A deregulated company that holds a certificate of operating authority issued under this subchapter is not required to: (1) fulfill the obligations of a provider of last resort; (2) comply with retail quality of service standards or reporting requirements; (3) file an earnings report with the commission unless the company is receiving support from the Texas High Cost Universal Service Plan; or (4) comply with a pricing requirement other than a requirement prescribed by this subchapter. (b) Notwithstanding any other provision of this title, the commission has only the authority provided by this section over a deregulated company that holds a certificate of operating authority issued under this subchapter. Subject to Subsection (c), the following provisions apply to a deregulated company and may be enforced by the commission using the remedies provided by Subchapter B, Chapter 15, and Subsection (d): (1) Subchapter A, Chapter 15; (2) Subchapters A, C, and D, Chapter 17, as applicable to carriers holding a certificate of operating authority; (3) Sections 52.007, 52.060, and 52.156; (4) Sections 54.001, 54.002, 54.003, 54.004, 54.005, 54.006, 54.008(a), 54.101, 54.102, 54.103, 54.105, 54.151, 54.156, 54.158, 54.159, 54.255, 54.256, 54.257, 54.259, 54.260, and 54.261; (5) Sections 55.010, 55.123, 55.133, 55.134, 55.136, and 55.137; (6) Chapter 56, except Subchapters F and G; (7) Chapter 60; (8) Chapter 62; (9) Subchapter E, Chapter 64; (10) Sections 65.001, 65.002, 65.003, and 65.004, this subchapter, and Subchapter E of this chapter; and (11) Chapter 66. (c) Nothing in this subchapter affects the continuing applicability of the following provisions of this title: (1) Sections 51.003 and 51.010(c); (2) Section 52.002(d); (3) Sections 54.204, 54.205, and 54.206; and (4) Section 65.051. (d) The commission may hear complaints of retail and wholesale customers against deregulated companies that are in the scope of the commission's authority provided by this section. Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 26, eff. September 7, 2005. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 98 (S.B. 980), Sec. 16, eff. September 1, 2011. Acts 2013, 83rd Leg., R.S., Ch. 210 (S.B. 259), Sec. 5, eff. September 1, 2013. Acts 2017, 85th Leg., R.S., Ch. 29 (S.B. 1003), Sec. 1, eff. September 1, 2017. SUBCHAPTER D. TRANSITIONING COMPANY