reglab/statecodes huggingface dataset:
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter C. Telecommunications Utilities That Are Not Dominant Carriers › Section 52.105. Access to Certain Services Required

Sec. 52.105.  ACCESS TO CERTAIN SERVICES REQUIRED.  (a)  The commission may require that each local exchange area have access to local and interexchange telecommunications service, except as otherwise provided by this section.
(b)  The commission shall allow a telecommunications utility to discontinue service to a local exchange area if:
(1)  comparable service is available in the area;  and
(2)  discontinuing the service is not contrary to the public interest.
(c)  This section does not authorize the commission to require a telecommunications utility to initiate service to a local exchange area to which the telecommunications utility:
(1)  did not provide service during the preceding 12-month period;  and
(2)  has not provided service previously for a cumulative period of at least one year.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter C. Telecommunications Utilities That Are Not Dominant Carriers › Section 52.106. Quality of Service Required

Sec. 52.106.  QUALITY OF SERVICE REQUIRED.  The commission may require the quality of telecommunications service provided in a local exchange in which the commission determines that service has deteriorated and become unreliable to be adequate to protect the public interest and the interests of customers of that exchange.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter C. Telecommunications Utilities That Are Not Dominant Carriers › Section 52.107. Predatory Pricing

Sec. 52.107.  PREDATORY PRICING.  (a)  The commission may enter an order necessary to protect the public interest if the commission finds by a preponderance of the evidence after notice and hearing that an interexchange telecommunications utility has:
(1)  engaged in predatory pricing;  or
(2)  attempted to engage in predatory pricing.
(b)  A hearing held by the commission under Subsection (a) must be based on a complaint from another interexchange telecommunications utility.
(c)  An order entered under Subsection (a) may include the imposition on a specific service of the commission's full regulatory authority under:
(1)  this chapter;
(2)  Chapters 14, 15, 51, 53, and 54;  and
(3)  Subchapters A, D, and H, Chapter 55.
(d)  This section applies only to an interexchange telecommunications utility.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter C. Telecommunications Utilities That Are Not Dominant Carriers › Section 52.108. Other Prohibited Practices

Sec. 52.108.  OTHER PROHIBITED PRACTICES.  The commission may enter any order necessary to protect the public interest if the commission finds after notice and hearing that a telecommunications utility has:
(1)  failed to maintain statewide average rates;
(2)  abandoned interexchange message telecommunications service to a local exchange area in a manner contrary to the public interest;
(3)  engaged in a pattern of preferential or discriminatory activities prohibited by Section 53.003, 55.005, or 55.006;  or
(4)  failed to pass switched access rate reductions to customers under Chapter 56 or other law, as required by Section 52.112.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1212, Sec. 10, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter C. Telecommunications Utilities That Are Not Dominant Carriers › Section 52.109. Availability of Service

Sec. 52.109.  AVAILABILITY OF SERVICE.  (a)  The commission may require a telecommunications utility that provides a service to make that service available in an exchange served by the telecommunications utility within a reasonable time after receipt of a bona fide request for the service in that exchange.
(b)  A telecommunications utility may not be required to extend a service to an area if:
(1)  the local exchange company is unable to provide the required access or other service;  or
(2)  extending the service would, after consideration of the public interest to be served, impose unreasonable costs on or require unreasonable investments by the telecommunications utility.
(c)  The commission may require from a telecommunications utility or a local exchange company information necessary to enforce this section.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter C. Telecommunications Utilities That Are Not Dominant Carriers › Section 52.110. Burden of Proof

Sec. 52.110.  BURDEN OF PROOF.  (a)  In a proceeding before the commission in which it is alleged that a telecommunications utility engaged in conduct in violation of Section 52.107, 52.108, 52.109, or 52.112, the burden of proof is on:
(1)  a telecommunications utility complaining of conduct committed against it in violation of this subchapter;  or
(2)  except as provided by Subsection (b), the responding telecommunications utility if the proceedings are:
(A)  brought by a customer or customer representative who is not a telecommunications utility;  or
(B)  initiated by the commission.
(b)  The commission may impose the burden of proof on the complaining party in a proceeding described by Subsection (a)(2) if the commission determines that placing the burden of proof on the complaining party is in the public interest.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1212, Sec. 11, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter C. Telecommunications Utilities That Are Not Dominant Carriers › Section 52.111. Commission May Exempt

Sec. 52.111.  COMMISSION MAY EXEMPT.  The commission may exempt from a requirement of this subchapter a telecommunications utility that:
(1)  does not have a significant effect on the public interest, as determined by the commission;  or
(2)  relies solely on the facilities of others to complete long distance calls, if the commission determines that the exemption is in the public interest.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter C. Telecommunications Utilities That Are Not Dominant Carriers › Section 52.112. Reduction Pass-Through Required

Sec. 52.112.  REDUCTION PASS-THROUGH REQUIRED.  (a)  Each telecommunications utility that had more than six percent of the total intrastate access minutes of use as measured for the most recent 12-month period shall pass through to customers switched access rate reductions under this title.  The residential customer class shall receive not less than a proportionate share of the reductions.
(b)  Within six months following each reduction in intrastate switched access rates under this title, each telecommunications utility subject to this section shall file with the commission a sworn affidavit confirming that the utility has reduced the per minute rates it charges under its basic rate schedule to reflect the per minute reduction in intrastate switched access rates.
(c)  This section expires on the second anniversary of the date incumbent local exchange companies doing business in the state are no longer prohibited by federal law from offering interLATA and interstate long distance service.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 12, eff. Sept. 1, 1999.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter D. Certificate Holders › Section 52.151. Applicability

Sec. 52.151.  APPLICABILITY.  This subchapter applies only to a telecommunications utility that holds a certificate of operating authority or a service provider certificate of operating authority.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter D. Certificate Holders › Section 52.152. Limited Regulatory Authority

Sec. 52.152.  LIMITED REGULATORY AUTHORITY.  Except as otherwise specifically provided by this title, the commission has only the following authority over a telecommunications utility subject to this subchapter:
(1)  to enforce this title under Subchapter B, Chapter 15;
(2)  to assert jurisdiction over a specific service under Subchapter E;
(3)  to require co-carriage reciprocity;  and
(4)  to regulate condemnation and building access.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter D. Certificate Holders › Section 52.153. Books and Records

Sec. 52.153.  BOOKS AND RECORDS.  The commission may prescribe forms of books, accounts, records, and memoranda to be kept by a telecommunications utility, but only as necessary to enforce the limited jurisdiction over those companies that this title provides to the commission.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter D. Certificate Holders › Section 52.154. Commission May Not Overburden

Sec. 52.154.  COMMISSION MAY NOT OVERBURDEN.  The commission may not, by a rule or regulatory practice adopted under this chapter, impose on a nondominant telecommunications utility a greater regulatory burden than is imposed on:
(1)  a holder of a certificate of convenience and necessity serving the same area; or
(2)  a deregulated company, as defined by Section 65.002, that:
(A)  has 500,000 or more access lines in service at the time it becomes a deregulated company; or
(B)  serves an area also served by the nondominant telecommunications utility.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 210 (S.B. 259), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter D. Certificate Holders › Section 52.155. Prohibition of Excessive Access Charges

Sec. 52.155.  PROHIBITION OF EXCESSIVE ACCESS CHARGES.  (a)  A telecommunications utility that holds a certificate of operating authority or a service provider certificate of operating authority may not charge a higher amount for originating or terminating intrastate switched access than the prevailing rates charged by the holder of the certificate of convenience and necessity or the holder of a certificate of operating authority issued under Chapter 65 in whose territory the call originated or terminated unless:
(1)  the commission specifically approves the higher rate; or
(2)  subject to commission review, the telecommunications utility establishes statewide average composite originating and terminating intrastate switched access rates based on a reasonable approximation of traffic originating and terminating between all holders of certificates of convenience and necessity in this state.
(b)  Notwithstanding any other provision of this title, the commission has all jurisdiction necessary to enforce this section.
(c)  Notwithstanding Subsection (a), Chapter 65 governs the switched access rates of a company that holds a certificate of operating authority issued under Chapter 65.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 13, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 3, eff. September 7, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter D. Certificate Holders › Section 52.156. Retail Rates, Terms, and Conditions

Sec. 52.156.  RETAIL RATES, TERMS, AND CONDITIONS.  A telecommunications utility may not:
(1)  establish a retail rate, term, or condition that is anticompetitive or unreasonably preferential, prejudicial, or discriminatory; or
(2)  engage in predatory pricing or attempt to engage in predatory pricing.
Added by Acts 2005, 79th Leg., 2nd C.S., Ch. 2 (S.B. 5), Sec. 4, eff. September 7, 2005.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter E. Deregulation of Service › Section 52.201. Deregulation of Service

Sec. 52.201.  DEREGULATION OF SERVICE.  Notwithstanding any other provision of this title, the commission may deregulate the price of a service in a geographic market if, after notice and hearing, the commission determines that:
(1)  the incumbent local exchange company is not dominant for the service in that geographic market;  or
(2)  the holder of a certificate of operating authority who is a dominant carrier is no longer dominant for the service in that geographic market.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter E. Deregulation of Service › Section 52.202. Determination of Geographic Market

Sec. 52.202.  DETERMINATION OF GEOGRAPHIC MARKET.  In determining the geographic market under Section 52.201, the commission shall consider the economic and technical conditions of the market.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter E. Deregulation of Service › Section 52.203. Market Power Test

Sec. 52.203.  MARKET POWER TEST.  (a)  To determine whether an incumbent local exchange company or holder of a certificate of operating authority who is a dominant carrier is no longer dominant for a service in a geographic market, the commission must find that:
(1)  there is an effective competitive alternative;  and
(2)  the incumbent local exchange company or certificate holder does not have market power sufficient to control, in a manner that is adverse to the public interest, the price of the service in the geographic area.
(b)  To determine whether the incumbent local exchange company or certificate holder is dominant for a service in the geographic area, the commission shall consider:
(1)  the number and size of telecommunications utilities or other persons who provide the same, equivalent, or substitutable service in the relevant market;
(2)  the extent to which the service is available in the relevant market;
(3)  the ability of customers in the relevant market to obtain the same, equivalent, or substitutable service at comparable rates and on comparable terms;
(4)  the ability of a telecommunications utility or other person to make the same, equivalent, or substitutable service readily available in the relevant market at comparable rates and on comparable terms;
(5)  the proportion of the relevant market that is being provided the service by a telecommunications utility other than the incumbent local exchange company or holder of a certificate of operating authority who is a dominant carrier;  and
(6)  other relevant information the commission considers necessary.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter E. Deregulation of Service › Section 52.204. Rate for Deregulated Service

Sec. 52.204.  RATE FOR DEREGULATED SERVICE.  If the price of a service in a geographic market is deregulated under this subchapter, the incumbent local exchange company or holder of a certificate of operating authority may set the rate for the service at any level higher than the service's long run incremental cost.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter E. Deregulation of Service › Section 52.205. Investigation of Competition

Sec. 52.205.  INVESTIGATION OF COMPETITION.  (a)  On request of an incumbent local exchange company or holder of a certificate of operating authority who is a dominant carrier made in conjunction with an application under this subchapter, the commission shall investigate to determine the effect and scope of competition in the geographic and service markets at issue.
(b)  The commission has the power necessary and convenient to conduct the investigation.  In conducting an investigation, the commission may:
(1)  hold a hearing;
(2)  issue a subpoena to compel the attendance of a witness and the production of a document;  and
(3)  make findings of fact and decisions with respect to the markets.
(c)  A party to a proceeding may use, in an application for pricing flexibility, the results of an investigation conducted under this section.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter E. Deregulation of Service › Section 52.206. Reregulation of Market

Sec. 52.206.  REREGULATION OF MARKET.  The commission, on its own motion or on a complaint that the commission considers to have merit, may assert regulation over a service in a geographic market if:
(1)  the incumbent local exchange company or holder of a certificate of operating authority who was previously a dominant carrier is found to again be dominant for the service in that geographic market;  or
(2)  the provider of services under a certificate of operating authority or service provider certificate of operating authority is found to be dominant for the service in that geographic market.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter E. Deregulation of Service › Section 52.207. Reports; Confidential Information

Sec. 52.207.  REPORTS;  CONFIDENTIAL INFORMATION.  (a)  In conjunction with the commission's authority to collect and compile information, the commission may collect a report from a holder of a:
(1)  certificate of operating authority;  or
(2)  service provider certificate of operating authority.
(b)  The commission shall maintain the confidentiality of information contained in a report collected under this section that is claimed to be confidential for competitive purposes.  The confidential information is exempt from disclosure under Chapter 552, Government Code.
(c)  To protect the confidential information, the commission shall aggregate the information to the maximum extent possible considering the purpose of the proceeding.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter F. Required Reports and Filings; Records › Section 52.251. Tariff Filings

Sec. 52.251.  TARIFF FILINGS.  (a)  A public utility shall file with the commission a tariff showing each rate that is:
(1)  subject to the commission's jurisdiction;  and
(2)  in effect for a utility service, product, or commodity offered by the utility.
(a-1)  An affiliate or trade association may file the tariff required under Subsection (a) on behalf of the public utility.
(b)  The public utility, affiliate, or trade association shall file as a part of the tariff required under Subsection (a) each rule that relates to or affects:
(1)  a rate of the utility; or
(2)  a utility service, product, or commodity furnished by the utility.
(c)  The tariff filing is considered approved if the commission does not approve or deny the tariff filing or request supplemental information from the public utility, affiliate, or trade association that filed the tariff before the 60th day after receiving the tariff filing.
(d)  If the commission requests supplemental information from the public utility, affiliate, or trade association under Subsection (c), the utility, affiliate, or association must provide the commission with the supplemental information not later than the 15th day after receiving the request from the commission. If the commission does not approve or deny the tariff filing before the 30th day after the commission receives the supplemental information, the tariff filing is considered approved.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 817 (H.B. 1597), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter F. Required Reports and Filings; Records › Section 52.252. Depreciation Account

Sec. 52.252.  DEPRECIATION ACCOUNT.  The commission shall require each public utility to carry a proper and adequate depreciation account in accordance with:
(1)  the rates and methods prescribed by the commission under Section 53.056;  and
(2)  any other rule the commission adopts.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter F. Required Reports and Filings; Records › Section 52.253. Accounts of Profits and Losses

Sec. 52.253.  ACCOUNTS OF PROFITS AND LOSSES.  A public utility shall keep separate accounts showing profits or losses from the sale or lease of merchandise, including an appliance, a fixture, or equipment.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter F. Required Reports and Filings; Records › Section 52.255. Availability of Records

Sec. 52.255.  AVAILABILITY OF RECORDS.  Notwithstanding Section 14.152, a book, account, record, or memorandum of a public utility may be removed from this state if the book, account, record, or memorandum is returned to this state for any commission inspection authorized by this title.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 52 - Commission Jurisdiction › Subchapter F. Required Reports and Filings; Records › Section 52.256. Plan and Report of Workforce Diversity and Other Business Practices

Sec. 52.256.  PLAN AND REPORT OF WORKFORCE DIVERSITY AND OTHER BUSINESS PRACTICES.  (a)  In this section, "small business" and "historically underutilized business" have the meanings assigned by former Section 481.191, Government Code, as that section existed on January 1, 2015.
(b)  Before January 1, 2000, each telecommunications utility shall develop and submit to the commission a comprehensive five-year plan to enhance diversity of its workforce in all occupational categories and for increasing opportunities for small and historically underutilized businesses.  The plan must consist of:
(1)  the telecommunications utility's performance with regard to workforce diversity and contracting with small and historically underutilized businesses;
(2)  initiatives that the telecommunications utility will pursue in these areas over the period of the plan;
(3)  a listing of programs and activities the telecommunications utility will undertake to achieve each of these initiatives;  and
(4)  a listing of the business partnership initiatives the telecommunications utility will undertake to facilitate small and historically underutilized business entry into the telecommunications market, taking into account opportunities for contracting and joint ventures.
(c)  Each telecommunications utility shall submit an annual report to the commission and the legislature relating to its efforts to improve workforce diversity and contracting opportunities for small and historically underutilized businesses.  The report must include:
(1)  the diversity of the telecommunications utility's workforce as of the time of the report;
(2)  the telecommunications utility's level of contracting with small and historically underutilized businesses;
(3)  the specific progress made under the plan under Subsection (b);
(4)  the specific initiatives, programs, and activities undertaken under the plan during the preceding year;
(5)  an assessment of the success of each of those initiatives, programs, and activities;
(6)  the extent to which the telecommunications utility has carried out its initiatives to facilitate opportunities for contracts or joint ventures with small and historically underutilized businesses;  and
(7)  the initiatives, programs, and activities the telecommunications utility will pursue during the next year to increase the diversity of its workforce and contracting opportunities for small and historically underutilized businesses.
Added by Acts 1999, 76th Leg., ch. 1212, Sec. 14, eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 364 (H.B. 2667), Sec. 5, eff. September 1, 2015.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter A. General Provisions › Section 53.001. Authorization to Establish and Regulate Rates

Sec. 53.001.  AUTHORIZATION TO ESTABLISH AND REGULATE RATES.  (a)  Except as otherwise provided by this title, the commission may establish and regulate rates of a public utility and may adopt rules for determining:
(1)  the classification of customers and services;  and
(2)  the applicability of rates.
(b)  A rule or order of the commission may not conflict with a ruling of a federal regulatory body.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter A. General Provisions › Section 53.002. Compliance With Title

Sec. 53.002.  COMPLIANCE WITH TITLE.  A utility may not charge or receive a rate for utility service except as provided by this title.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter A. General Provisions › Section 53.003. Just and Reasonable Rates

Sec. 53.003.  JUST AND REASONABLE RATES.  (a)  The commission shall ensure that each rate a public utility or two or more public utilities jointly make, demand, or receive is just and reasonable.
(b)  A rate may not be unreasonably preferential, prejudicial, or discriminatory but must be sufficient, equitable, and consistent in application to each class of consumer.
(c)  A public utility may not:
(1)  grant an unreasonable preference or advantage concerning rates to a person in a classification;
(2)  subject a person in a classification to an unreasonable prejudice or disadvantage concerning rates;  or
(3)  establish or maintain an unreasonable difference concerning rates between localities or between classes of service.
(d)  In establishing a public utility's rates, the commission may treat as a single class two or more municipalities that a public utility serves if the commission considers that treatment to be appropriate.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter A. General Provisions › Section 53.004. Equality of Rates and Services

Sec. 53.004.  EQUALITY OF RATES AND SERVICES.  (a)  A public utility may not directly or indirectly charge, demand, or receive from a person a greater or lesser compensation for a service provided or to be provided by the utility than the compensation prescribed by the applicable tariff filed under Section 52.251.
(b)  A person may not knowingly receive or accept a service from a public utility for a compensation greater or less than the compensation prescribed by the tariff.
(c)  This title does not prevent a cooperative corporation from returning to its members net earnings resulting from its operations in proportion to the members' purchases from or through the corporation.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter A. General Provisions › Section 53.005. Rates for Area Not in Municipality

Sec. 53.005.  RATES FOR AREA NOT IN MUNICIPALITY.  Without the approval of the commission, a public utility's rates for an area not in a municipality may not exceed 115 percent of the average of all rates for similar services for all municipalities served by the same utility in the same county as that area.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter A. General Provisions › Section 53.006. Burden of Proof

Sec. 53.006.  BURDEN OF PROOF.  (a)  In a proceeding involving a proposed rate change, the public utility has the burden of proving that:
(1)  the rate change is just and reasonable, if the utility proposes the change;  or
(2)  an existing rate is just and reasonable, if the proposal is to reduce the rate.
(b)  In a proceeding in which the rate of an incumbent local exchange company is in issue, the incumbent local exchange company has the burden of proving that the rate is just and reasonable.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter A. General Provisions › Section 53.007. Limit on Reconnection Fee

Sec. 53.007.  LIMIT ON RECONNECTION FEE.  The commission shall establish a reasonable limit on the amount that a local exchange company may charge a customer for changing the location at which the customer receives service.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter B. Computation of Rates › Section 53.051. Establishing Overall Revenues

Sec. 53.051.  ESTABLISHING OVERALL REVENUES.  In establishing a public utility's rates, the commission shall establish the utility's overall revenues at an amount that will permit the utility a reasonable opportunity to earn a reasonable return on the utility's invested capital used and useful in providing service to the public in excess of the utility's reasonable and necessary operating expenses.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter B. Computation of Rates › Section 53.052. Establishing Reasonable Return

Sec. 53.052.  ESTABLISHING REASONABLE RETURN.  In establishing a reasonable return on invested capital, the commission shall consider applicable factors, including:
(1)  the quality of the utility's services;
(2)  the efficiency of the utility's operations;  and
(3)  the quality of the utility's management.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter B. Computation of Rates › Section 53.053. Components of Invested Capital

Sec. 53.053.  COMPONENTS OF INVESTED CAPITAL.  (a)  Public utility rates shall be based on the original cost, less depreciation, of property used by and useful to the utility in providing service.
(b)  The original cost of property shall be determined at the time the property is dedicated to public use, whether by the utility that is the present owner or by a predecessor.
(c)  In this section, "original cost" means the actual money cost or the actual money value of consideration paid other than money.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter B. Computation of Rates › Section 53.054. Construction Work in Progress

Sec. 53.054.  CONSTRUCTION WORK IN PROGRESS.  (a)  Construction work in progress, at cost as recorded on the public utility's books, may be included in the utility's rate base.  The inclusion of construction work in progress is an exceptional form of rate relief that the commission may grant only if the utility demonstrates that inclusion is necessary to the utility's financial integrity.
(b)  Construction work in progress may not be included in the rate base for a major project under construction to the extent that the project has been inefficiently or imprudently planned or managed.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter B. Computation of Rates › Section 53.055. Separations and Allocations

Sec. 53.055.  SEPARATIONS AND ALLOCATIONS.  Costs of facilities, revenues, expenses, taxes, and reserves shall be separated or allocated as prescribed by the commission.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter B. Computation of Rates › Section 53.056. Depreciation, Amortization, and Depletion

Sec. 53.056.  DEPRECIATION, AMORTIZATION, AND DEPLETION.  (a)  The commission shall establish proper and adequate rates and methods of depreciation, amortization, or depletion for each class of property of a public utility.
(b)  On application of a utility, the commission shall establish depreciation rates that promote the use of new technology and infrastructure.  In establishing rates under this subsection, the commission shall consider depreciation practices of nonregulated telecommunications providers.
(c)  The rates and methods established under this section and the depreciation account required by Section 52.252 shall be used uniformly and consistently throughout rate-setting and appeal proceedings.
(d)  Notwithstanding this section, a company electing under Chapter 58 may determine its own depreciation rates and amortizations.  The company shall notify the commission of any change in those rates or amortizations.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter B. Computation of Rates › Section 53.057. Net Income; Determination of Revenues and Expenses

Sec. 53.057.  NET INCOME;  DETERMINATION OF REVENUES AND EXPENSES.  (a)  A public utility's net income is the total revenues of the utility less all reasonable and necessary expenses as determined by the commission.
(b)  The commission shall determine revenues and expenses in a manner consistent with this subchapter.
(c)  The commission may adopt reasonable rules with respect to whether an expense is allowed for ratemaking purposes.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter B. Computation of Rates › Section 53.058. Consideration of Payment to Affiliate

Sec. 53.058.  CONSIDERATION OF PAYMENT TO AFFILIATE.  (a)  Except as provided by Subsection (b), the commission may not allow as capital cost or as expense a payment to an affiliate for:
(1)  cost of a service, property, right, or other item;  or
(2)  interest expense.
(b)  The commission may allow a payment described by Subsection (a) only to the extent that the commission finds the payment is reasonable and necessary for each item or class of items as determined by the commission.
(c)  A finding under Subsection (b) must include:
(1)  a specific finding of the reasonableness and necessity of each item or class of items allowed;  and
(2)  except as provided by Subsection (d), a finding that the price to the utility is not higher than the prices charged by the supplying affiliate to:
(A)  its other affiliates or divisions for the same item or class of items;  or
(B)  a nonaffiliated person within the same market area or having the same market conditions.
(d)  A finding under this section is not required as to the prices charged by the supplying affiliate to its other affiliates or divisions if the supplying affiliate computed its charges to the utility in a manner consistent with Federal Communications Commission rules.
(e)  If the commission finds that the affiliate expense for the test period is unreasonable, the commission shall:
(1)  determine the reasonable level of the expense;  and
(2)  include that expense in determining the utility's cost of service.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter B. Computation of Rates › Section 53.059. Treatment of Certain Tax Benefits

Sec. 53.059.  TREATMENT OF CERTAIN TAX BENEFITS.  (a)  In determining the allocation of tax savings derived from liberalized depreciation and amortization, the investment tax credit, and the application of similar methods, the commission shall:
(1)  balance equitably the interests of present and future customers;  and
(2)  apportion accordingly the benefits between consumers and the public utility.
(b)  If a public utility retains a portion of the investment tax credit, that portion shall be deducted from the original cost of the facilities or other addition to the rate base to which the credit applied to the extent allowed by the Internal Revenue Code.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter B. Computation of Rates › Section 53.060. Computation of Income Tax; Consolidated Return

Sec. 53.060.  COMPUTATION OF INCOME TAX;  CONSOLIDATED RETURN.  (a)  Unless it is shown to the satisfaction of the commission that it was reasonable to choose not to consolidate returns, a public utility's income taxes shall be computed as though a consolidated return had been filed and the utility had realized its fair share of the savings resulting from that return, if:
(1)  the utility is a member of an affiliated group eligible to file a consolidated income tax return;  and
(2)  it is advantageous to the utility to do so.
(b)  The amount of income tax that a consolidated group of which a public utility is a member saves, because the consolidated return eliminates the intercompany profit on purchases by the utility from an affiliate, shall be applied to reduce the cost of the property or service purchased from the affiliate.
(c)  The investment tax credit allowed against federal income taxes, to the extent retained by the utility, shall be applied as a reduction in the rate-based contribution of the assets to which the credit applies, to the extent and at the rate allowed by the Internal Revenue Code.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter B. Computation of Rates › Section 53.061. Allowance of Certain Expenses

Sec. 53.061.  ALLOWANCE OF CERTAIN EXPENSES.  (a)  The commission may not allow as a cost or expense for ratemaking purposes:
(1)  an expenditure for legislative advocacy;  or
(2)  an expenditure described by Section 52.254 that the commission determines to be not in the public interest.
(b)  The commission may allow as a cost or expense reasonable charitable or civic contributions not to exceed the amount approved by the commission.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter B. Computation of Rates › Section 53.062. Consideration of Certain Expenses

Sec. 53.062.  CONSIDERATION OF CERTAIN EXPENSES.  The commission may not consider for ratemaking purposes:
(1)  an expenditure for legislative advocacy, made directly or indirectly, including legislative advocacy expenses included in trade association dues;
(2)  an expenditure for costs of processing a refund or credit under Section 53.110;  or
(3)  any other expenditure, including an executive salary, advertising expense, legal expense, or civil penalty or fine the commission finds to be unreasonable, unnecessary, or not in the public interest.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter B. Computation of Rates › Section 53.063. Consideration of Profit or Loss From Sale or Lease of Merchandise

Sec. 53.063.  CONSIDERATION OF PROFIT OR LOSS FROM SALE OR LEASE OF MERCHANDISE.  In establishing a public utility's rates, the commission may not consider a profit or loss that results from the sale or lease of merchandise, including appliances, fixtures, or equipment, to the extent that merchandise is not integral to providing utility service.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter B. Computation of Rates › Section 53.064. Self-Insurance

Sec. 53.064.  SELF-INSURANCE.  (a)  A public utility may self-insure all or part of the utility's potential liability or catastrophic property loss, including windstorm, fire, and explosion losses, that could not have been reasonably anticipated and included under operating and maintenance expenses.
(b)  The commission shall approve a self-insurance plan under this section if the commission finds that:
(1)  the coverage is in the public interest;
(2)  the plan, considering all costs, is a lower cost alternative to purchasing commercial insurance;  and
(3)  ratepayers will receive the benefits of the savings.
(c)  In computing a utility's reasonable and necessary expenses under this subchapter, the commission, to the extent the commission finds is in the public interest, shall allow as a necessary expense money credited to a reserve account for self-insurance.  The commission shall determine reasonableness under this subsection:
(1)  from information provided at the time the self-insurance plan and reserve account are established;  and
(2)  on the filing of a rate case by a utility that has a reserve account.
(d)  After a reserve account for self-insurance is established, the commission shall:
(1)  determine whether the account has a surplus or shortage under Subsection (e);  and
(2)  subtract any surplus from or add any shortage to the utility's rate base.
(e)  A surplus in the reserve account exists if the charges against the account are less than the money credited to the account.  A shortage in the reserve account exists if the charges against the account are greater than the money credited to the account.
(f)  The commission shall adopt rules governing self-insurance under this section.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter B. Computation of Rates › Section 53.065. Interexchange Services; Rates of Incumbent Local Exchange Company

Sec. 53.065.  INTEREXCHANGE SERVICES;  RATES OF INCUMBENT LOCAL EXCHANGE COMPANY.  (a)  An incumbent local exchange company's rates for interexchange telecommunications services must be statewide average rates except as ordered by the commission after application and hearing.
(b)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 98, Sec. 21(2), eff. September 1, 2011.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 21 (S.B. 983), Sec. 4, eff. September 1, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 98 (S.B. 980), Sec. 21(2), eff. September 1, 2011.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter C. General Procedures for Rate Change Proposed by Utility › Section 53.101. Definition

Sec. 53.101.  DEFINITION.  In this subchapter, "major change" means an increase in rates that would increase the aggregate revenues of the applicant more than the greater of $100,000 or 2-1/2 percent.  The term does not include an increase in rates that the commission allows to go into effect or the utility makes under an order of the commission after hearings held with public notice.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 2 - Public Utility Regulatory Act › Subtitle C - Telecommunications Utilities › Chapter 53 - Rates › Subchapter C. General Procedures for Rate Change Proposed by Utility › Section 53.102. Statement of Intent to Change Rates

Sec. 53.102.  STATEMENT OF INTENT TO CHANGE RATES.  (a)  A utility may not change its rates unless the utility files a statement of its intent with the commission at least 35 days before the effective date of the proposed change.
(b)  The utility shall also mail or deliver a copy of the statement of intent to the appropriate officer of each affected municipality.
(c)  The statement of intent must include:
(1)  proposed revisions of tariffs;  and
(2)  a detailed statement of:
(A)  each proposed change;
(B)  the effect the proposed change is expected to have on the revenues of the utility;
(C)  each class and number of utility consumers affected;  and
(D)  any other information required by the commission's rules.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.