SECTION 96.1. Definitions

The following words and terms, when used in this chapter, have the following meanings, except as the context otherwise clearly requires:

(1) "Assignee" has the meaning accorded to such term by §39.302 of the Texas Utilities Code.

(2) "Assignor" means an electric utility or other person who transfers an interest in transition property to an assignee.

(3) "Certificate" means a document establishing, based upon the file number and financing order docket number, whether there is on file with the filing officer on the date and time stated a transition property notice.

(4) "Commission" means the Public Utility Commission of Texas, including a duly appointed successor entity.

(5) "File Number" means the unique identifying information assigned to an initial transition property notice filing by the filing officer for the purpose of identifying the transition property notice and all documents relating to that transition property notice in the filing officer's UCC information management system. For an initial transition property notice filed prior to July 1, 2001, the file number includes the year of filing expressed as a two-digit number followed by a unique eight-digit number assigned to the transition property notice by the filing officer. For a transition property notice with an initial transition property notice filed on or after July 1, 2001, the file number includes three segments; the year of filing expressed as a two-digit number, followed by a unique eight-digit number assigned to the transition property notice by the filing office and ending with a two-digit verification number assigned by the filing office but mathematically derived from the numbers in the first two segments. The filing number bears no relation to the time of filing and is not an indicator of priority.

(6) "Filing" means the presentation of a transition property notice or other document described in this chapter to the filing officer, which is evidenced by the indication of a file number and filing date and filing time.

(7) "Filing Date" means the date at which the filing officer receives a filing, as described by these rules.

(8) "Filing Officer" means the secretary of state, including an appointed successor entity or office.

(9) "Filing Party" means a person who makes a filing pursuant to this chapter.

(10) "Filing Time" means the time of day that a document is presented for filing at the filing office and is determined by the method of delivery.

(11) "Financing Order" has the meaning accorded to such term by §39.302 of the Texas Utilities Code.

(12) "Financing Order Docket Number" means the financing order file number established by the Public Utility Commission of Texas.

(13) "Financing Party" has the meaning accorded to such term by §39.302 of the Texas Utilities Code.

(14) "Grantor" means an electric utility or other person who grants a security interest in transition property to another person.

(15) "Person" means an individual, partnership, corporation, public authority or trust (including a business trust), unincorporated association, limited liability company, joint stock company or any other legal entity, whether public or private, existing under the laws of the State of Texas, another state, the United States, or a foreign country.

(16) "Release" means an amendment intended to indicate an action by a financing party to alter a right, duty, or obligation concerning the perfection of a security interest.

(17) "Retransfer" means an amendment intended to indicate an action by an assignee to return to an assignor all or a portion of the interest of the assignee in transition property.

(18) "Security Interest" means an interest in transition property securing the payment or performance of an obligation.

(19) "Submitter" means a person who tenders a transition property notice document to the filing officer for filing, whether the person is a filer or an agent of a filer responsible for tendering the document for filing. "Submitter" does not include a person responsible merely for the delivery of the document to the filing office, such as the postal service or a delivery service but does include a service provider who acts as a filer's representative in the filing process.

(20) "Termination" means an amendment intended to indicate that the related transition property notice has ceased to be effective with respect to the financing party or assignee authorizing the termination.

(21) "Transition Property" has the meaning accorded to such term by §39.302 of the Texas Utilities Code.

(22) "Transition Property Notice" means (as more fully described in §§96.61 - 96.65 of this title):

(A) a notice of a security interest in transition property, and all amendments to such notice; or

(B) a notice of a transfer to an assignee of an interest in transition property, and all amendments to such notice.

Source Note: The provisions of this §96.1 adopted to be effective September 4, 2001, 26 TexReg 6658; amended to be effective January 9, 2014, 39 TexReg 75