Texas Supreme Court

City of Corpus Christi, Appellants v. Public Utility Commission of Texas, Appellees; Power Choice…

August 30, 200151 S.W.3d 231

Summary

The Texas Supreme Court affirmed the district courts' judgments, holding that the Public Utility Commission's securitization provisions and the non‑standard true‑up mechanism are authorized by the Public Utility Regulatory Act and do not violate the Texas Constitution's tax, taking, or appropriation clauses, nor do they deprive the Cities of due process. Justice Owen dissented in part, arguing that the Commission lacks authority to adopt a non‑standard true‑up, while Justices Owen and Hecht filed concurring opinions supporting the majority.