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.
Structure Texas Statutes
Title 2 - Public Utility Regulatory Act
Subtitle C - Telecommunications Utilities
Subchapter A. General Provisions
Section 53.001. Authorization to Establish and Regulate Rates
Section 53.002. Compliance With Title
Section 53.003. Just and Reasonable Rates
Section 53.004. Equality of Rates and Services
Section 53.005. Rates for Area Not in Municipality