Tex. Codes » Utilities Code · TITLE 3. GAS REGULATION · SUBTITLE A. GAS UTILITY REGULATORY ACT · CHAPTER 104. RATES AND SERVICES
Texas Codes

Tex. Util. Code § 104.051 (2026)

Establishing Overall Revenues

✓ current as of May 2026
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Sec. 104.051. ESTABLISHING OVERALL REVENUES. In establishing a gas utility's rates, the regulatory authority 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 its reasonable and necessary operating expenses.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.

Notes of Decisions
Cited in 6 cases, 2008–2016 · leading case: Amarillo, Channing, Dalhart & Lubbock v. R.R. Comm'n of Texas, 511 S.W.3d 787 (Tex. App. 2016).
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Amarillo, Channing, Dalhart & Lubbock v. R.R. Comm'n of Texas, 511 S.W.3d 787 (Tex. App. 2016). “Tex. Util. Code Ann. § 104.051 . 3 . Included with Amarillo and Lubbock are the towns of Channing and Dalhart.”
R.R. Comm'n v. Texas Coast Utils. Coalition, 357 S.W.3d 731 (Tex. App. 2011). · cites it 2× “” Tex. Util.Code Ann. § 104.051. • “The regulatory authority may not establish a rate that yields more than a fair return on the adjusted value of the invested capital used and useful in providing service to the public.”
Reagan Nat'l Advert. of Austin, Inc. v. Vincent Hazen (Tex. App. 2008). · cites it 2× “The overall revenues as established by the findings of fact and attached schedules are reasonable; fix an overall level of revenues for TXU that will permit the company a reasonable opportunity to earn a reasonable return on its invested capital used and useful in providing…”
City of Dallas v. R.R. Comm'n of Texas & Atmos Energy Corp., as Successor by Merger to TXU Gas Co. (Tex. App. 2008). · cites it 2× “The overall revenues as established by the findings of fact and attached schedules are reasonable; fix an overall level of revenues for TXU that will permit the company a reasonable opportunity to earn a reasonable return on its invested capital used and useful in providing…”
The R.R. Comm'n of Texas, CenterPoint Energy Resources Corp. d/b/a CenterPoint Energy Entex & CenterPoint Energy Texas Gas v. Texas Coast Utils. Coalition & State of Texas Agency Consumers (Tex. App. 2011). · cites it 2× “" Tex. Util. Code Ann. § 104.051 . •"The regulatory authority may not establish a rate that yields more than a fair return on the adjusted value of the invested capital used and useful in providing service to the public.”
The R.R. Comm'n of Texas, CenterPoint Energy Resources Corp. d/b/a CenterPoint Energy Entex & CenterPoint Energy Texas Gas v. Texas Coast Utils. Coalition & State of Texas Agency Consumers (Tex. App. 2011). “See Tex. Util. Code Ann. §§ 104.051 (requiring the regulatory authority to “establish the utility’s overall revenues .”
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