UTILITIES CODE

TITLE 2. PUBLIC UTILITY REGULATORY ACT

SUBTITLE A. PROVISIONS APPLICABLE TO ALL UTILITIES

CHAPTER 16. COMMISSION FINANCING

SUBCHAPTER A. ASSESSMENT ON PUBLIC UTILITIES

Sec. 16.001.  ASSESSMENT ON PUBLIC UTILITIES.  (a)  To defray the expenses incurred in the administration of this title, an assessment is imposed on each public utility, retail electric provider, and electric cooperative within the jurisdiction of the commission that serves the ultimate consumer, including each interexchange telecommunications carrier.
(b)  An assessment under this section is equal to one-sixth of one percent of the public utility's, retail electric provider's, or electric cooperative's gross receipts from rates charged to the ultimate consumer in this state.
(c)  An interexchange telecommunications carrier that does not provide local exchange telephone service may collect the fee imposed under this section as an additional item separately stated on the customer bill as "utility gross receipts assessment."
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 405, Sec. 10, eff. Sept. 1, 1999.

Sec. 16.002.  PAYMENT DATES.  (a)  The assessment is due August 15.
(b)  A public utility may instead make quarterly payments due August 15, November 15, February 15, and May 15.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 16.003.  LATE PAYMENT PENALTY.  (a)  An additional fee equal to 10 percent of the amount due shall be assessed for any late payment of an assessment required under this subchapter.
(b)  An assessment delinquent for more than 30 days accrues interest at an annual rate of 12 percent on the amount of the assessment and penalty due.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 16.004.  COLLECTION BY COMPTROLLER.  The comptroller shall collect the assessment and any penalty or interest due under this subchapter.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

SUBCHAPTER B. GRANTS AND OTHER FINANCIAL ASSISTANCE

Sec. 16.021.  GRANTS OF FEDERAL FUNDS.  (a)  The commission may apply to an appropriate agency or officer of the United States to receive and spend federal funds available by grant or other similar form of financial assistance.
(b)  This section does not impair the ability of the commission to contract with or receive assistance from a state, local, or other authorized source of funds.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

SUBCHAPTER C. MONEY DISPOSITION, ACCOUNTING, AND BUDGET

Sec. 16.041.  APPLICATION OF STATE FUNDS REFORM ACT.  Money paid to the commission or to the office under this title is subject to Subchapter F, Chapter 404, Government Code.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 16.042.  ACCOUNTING RECORDS.  The commission shall keep the accounting records required by the comptroller.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 16.043.  AUDIT.  The financial transactions of the commission are subject to audit by the state auditor under Chapter 321, Government Code.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Sec. 16.044.  APPROVAL OF BUDGET.  The commission budget is subject to legislative approval as part of the General Appropriations Act.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.