Tex. Utilities Code § 65.154
This is the official text of Tex. Utilities Code § 65.154, part of Texas’s Utilities Code — regulates utility companies.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
§ 65.154. RATE AND PRICE REQUIREMENTS NOT APPLICABLE.
Official statutory text
(a) A transitioning company is not required to comply with the following requirements prescribed by this title on submission of a written notice to the commission:
(1) a direct or indirect requirement to price a residential service at, above, or according to the long-run incremental cost of the service or to otherwise use long-run incremental cost in establishing prices for residential services; or
(2) a requirement to file with the commission a long-run incremental cost study for residential or business services.
(b) Notwithstanding Subsection (a), a transitioning company may not:
(1) establish a retail rate, price, term, or condition that is anticompetitive or unreasonably preferential, prejudicial, or discriminatory;
(2) establish a retail rate for a basic or non-basic service in a deregulated market that is subsidized either directly or indirectly by a basic or non-basic service provided in an exchange that is not deregulated; or
(3) engage in predatory pricing or attempt to engage in predatory pricing.
(c) A rate or price for a basic local telecommunications service is not anticompetitive, predatory, or unreasonably preferential, prejudicial, or discriminatory if the rate or price is equal to or greater than the rate or price in the transitioning company's tariff for that service in effect on the date the transitioning company submits notice to the commission under Subsection (a).
(d) This section, including Subsection (a)(1), does not affect:
(1) other law or legal standards governing predatory pricing or anticompetitive conduct; or
(2) an infrastructure commitment under Chapter 58 or 59.
(1) a direct or indirect requirement to price a residential service at, above, or according to the long-run incremental cost of the service or to otherwise use long-run incremental cost in establishing prices for residential services; or
(2) a requirement to file with the commission a long-run incremental cost study for residential or business services.
(b) Notwithstanding Subsection (a), a transitioning company may not:
(1) establish a retail rate, price, term, or condition that is anticompetitive or unreasonably preferential, prejudicial, or discriminatory;
(2) establish a retail rate for a basic or non-basic service in a deregulated market that is subsidized either directly or indirectly by a basic or non-basic service provided in an exchange that is not deregulated; or
(3) engage in predatory pricing or attempt to engage in predatory pricing.
(c) A rate or price for a basic local telecommunications service is not anticompetitive, predatory, or unreasonably preferential, prejudicial, or discriminatory if the rate or price is equal to or greater than the rate or price in the transitioning company's tariff for that service in effect on the date the transitioning company submits notice to the commission under Subsection (a).
(d) This section, including Subsection (a)(1), does not affect:
(1) other law or legal standards governing predatory pricing or anticompetitive conduct; or
(2) an infrastructure commitment under Chapter 58 or 59.
Status: in_force · Read it on the official government site
Need a lawyer in Texas?
Find a Texas lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.