For the purposes of this article, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.
Public utility commission (PUC).
The state public utility commission.
Resident.
Any electric customer located within the municipality, except the municipality itself, regardless of customer class.
Retail customer.
The separately metered end-use customer who purchases and ultimately consumes electricity.
Retail electric provider (REP).
A person that sells electric energy to retail customers in this state. A retail electric provider may not own or operate generation assets.
Revocation.
The cessation of all REP business operations within a municipality, pursuant to municipal order.
Suspension.
The cessation of all REP business operations within a municipality associated with obtaining new customers, pursuant to municipal order.
(Ordinance 2003-05-19-11, sec. 2, adopted 5/19/03)
(a) 
All REPs providing commercial or residential electrical service within the city shall register with the city manager or his/her designee within thirty (30) days after this article requiring registration becomes effective (ordinance adopted May 19, 2003) or within thirty (30) days after providing retail electric service to any resident of the municipality, whichever is later.
(b) 
A REP shall register with the city by completing a retail electric provider’s registration form, which is attached to Ordinance No. 2003-05-19-11 as exhibit A. The retail electric provider’s registration form shall be signed by an owner, partner, officer, or other authorized representative of the REP.
(Ordinance 2003-05-19-11, sec. 3, adopted 5/19/03)
The city manager shall review the REP’s submitted form for completeness, including the remittance of the registration fee. Within fifteen (15) business days of receipt of an incomplete registration, the city manager shall notify the registering REP in writing of the deficiencies in the registration. The registering REP shall have twenty (20) business days from the issuance of the notification to cure the deficiencies. If the deficiencies are not cured within twenty (20) business days, the city manager shall immediately send a rejection notice to the registering REP that the registration is rejected without prejudice. Absent notification of rejection, the registration shall be deemed to have been accepted.
(Ordinance 2003-05-19-11, sec. 4, adopted 5/19/03)
If a REP who is required to register under this article fails to register within thirty (30) days after this article becomes effective (ordinance adopted May 19, 2003) or within thirty (30) days after providing retail electric service to any resident of the municipality, whichever is later, the REP shall be assessed a one-time late fee as set forth in exhibit A to this code.
(Ordinance 2003-05-19-11, sec. 5, adopted 5/19/03; Ordinance adopting Code)
A REP shall notify the city manager within thirty (30) days of any change in information provided in its retail electric provider’s registration form. A REP shall notify the city manager within ten (10) days of discontinuing service to residents of the city.
(Ordinance 2003-05-19-11, sec. 6, adopted 5/19/03)
The city may suspend or revoke a REP’s registration and authority to operate within the city upon a PUC finding that the REP has committed significant violations of chapter 39, Texas Utilities Code, or rules adopted under that chapter. The city shall not take any action against a REP other than suspension or revocation of a REP’s registration and authority to operate in the city, or imposition of a late fee in accordance with this article.
(Ordinance 2003-05-19-11, sec. 7, adopted 5/19/03)
The city shall provide a REP with 60 calendar days’ written notice, informing the REP that its registration and authority to operate shall be suspended or revoked. The notice shall specify the reason(s) for such suspension or revocation. The city may only revoke or suspend a REP’s registration after the notice period has expired.
(Ordinance 2003-05-19-11, sec. 9, adopted 5/19/03)
If the city suspends a REP’s registration, the city shall issue a suspension order which specifies the reasons for the suspension and provides either a date certain upon which the suspension period will expire or conditions that a REP must satisfy to cure the suspension. The suspension period shall be lifted once the suspension period has expired or the conditions of suspension have been completed.
(Ordinance 2003-05-19-11, sec. 10, adopted 5/19/03)
If the city revokes a REP’s registration, the city shall issue a revocation order that specifies the reasons for the revocation.
(Ordinance 2003-05-19-11, sec. 11, adopted 5/19/03)
A REP shall not be required to re-register unless a REP’s registration is revoked and the REP subsequently cures its defects and resumes operations. A REP shall follow the same procedure for registration set forth in this article when it re-registers.
(Ordinance 2003-05-19-11, sec. 12, adopted 5/19/03)