Legal Opinion
City of Lubbock v. South Plains Electric Cooperative, Inc.
Court of Appeals of Texas
Decided December 31, 1979No. 9014PublishedCited by 20 opinions
1Opinion of the Court
DODSON, Justice.
In this appeal, we determine, inter alia, that section 50(2) of the Texas Public Utility Regulatory Act 1 precludes a home rule municipality from furnishing, making available, rendering or extending retail electric service to any area lawfully served by another retail public utility without first obtaining a certificate of public convenience and necessity from the Texas Public Utility Commission.
The City of Lubbock, a home rule municipality, owns and operates a municipal electric system which provides electric service to areas within and beyond its city limits. On or about 11…
2Cases cited13 opinions
- In Re King's EstateTexas Supreme Court · 1951
- Garza v. AlviarTexas Supreme Court · 1965
- Lower Colorado River Authority v. City of San MarcosTexas Supreme Court · 1975
- Traylor v. GouldingTexas Supreme Court · 1973
- Glass v. SmithTexas Supreme Court · 1951
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- City of Sherman v. Public Utility Com'n of TexasTexas Supreme Court · 1983
- Public Utility Commission v. South Plains Electric Cooperative, Inc.Court of Appeals of Texas · 1982
- City of Brownsville v. Public Utility CommissionCourt of Appeals of Texas · 1981
- A.T.S. v. StateCourt of Appeals of Texas · 1985
- Zisblatt v. ZisblattCourt of Appeals of Texas · 1985
15 more not listed; retrieve them via the Exa API.