In 2011, HB 2133 granted the Public Utility Commission of Texas the power to disgorge revenue from electric companies if the revenue in question is determined to have been derived from “market power abuse” or other violations of the Utilities Code.
However, no evidence exists that market power abuse or similar anticompetitive behaviors has taken place in the Texas electricity market; in fact, the competitive nature of Texas’ energy market is one of the features that makes it work so well, and ultimately has kept power affordable and reliable for Texans.