Tex. Util. Code § 51.004 · Chapter 51. GENERAL PROVISIONS
PRICING FLEXIBILITY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A discount or other form of pricing flexibility may not be:
(1) unreasonably preferential, prejudicial, or discriminatory; or
(2) predatory or anticompetitive.
(b) This title does not prohibit a volume discount or other discount based on a reasonable business purpose. A price that is set at or above the long run incremental cost of a service is presumed not to be a predatory price.
(c) This title allows an offer based on a reasonable business purpose, including an offer made at any time to a selected customer or a group of customers in response to a competitor's offer or a former customer's acceptance of a competitor's offer if the price of the offer meets the requirements of Section 52.0584, 58.063, or 59.031.
(d) An offer made under Subsection (c) must be made in compliance with Chapter 304, Business & Commerce Code.
Notes and commentary — not statutory text
History
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1212, Sec. 6, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 32, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.39, eff. April 1, 2009.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/UT/htm/UT.51.htm
- Text hash
- sha256 375422a34190c44e79961e3c4afb0e9a31123d4ccd0afe3b16f7f7dbe6b153ff
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Business & Commerce Code
Utilities Code
- Tex. Util. Code § 52.0584PRICING AND PACKAGING FLEXIBILITY; CUSTOMER PROMOTIONAL OFFERINGS.Printed as Section 52.0584, 58.063, or 59.031
- Tex. Util. Code § 58.063PRICING AND PACKAGING FLEXIBILITY.Printed as Section 52.0584, 58.063, or 59.031
- Tex. Util. Code § 59.031PRICING AND PACKAGING FLEXIBILITY.Printed as Section 52.0584, 58.063, or 59.031
Cited by 1 provision
Provisions in this library whose text cites Tex. Util. Code § 51.004. Each shows the citation as that text prints it.
Utilities Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.