The Facts

  • Texas has the most competitive electricity market in the world. Its telecommunications market is equally successful.
  • Neither of these markets have shown signs of anticompetitive behavior.
  • In 2010, the Sunset Advisory Commission recommended that the PUC have the ability to increase fines and have emergency cease-and-desist authority-even though no examples of violations were cited to justify the recommendations
  • This increased enforcement authority, combined with last session’s grant of disgorgement authority, could be used as a bludgeon to force businesses to stop activity that is legal but not favored by regulators.
  • These recommendations are an example of the regulatory creep that has occurred in Texas since the onset of competition that has harmed competition and led to concerns about resource adequacy.


  • The Texas Sunset Commission should not re-adopt its 2010 recommendations to increase PUC fines or give the Commission emergency cease-and-desist authority.