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

Tex. Util. Code § 104.052 (2026)

Establishing Fair Rate Of Return

✓ current as of May 2026
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Sec. 104.052. ESTABLISHING FAIR RATE OF RETURN. 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.

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

Notes of Decisions
Cited in 2 cases, 2008–2008 · leading case: Reagan Nat'l Advert. of Austin, Inc. v. Vincent Hazen (Tex. App. 2008).
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Reagan Nat'l Advert. of Austin, Inc. v. Vincent Hazen (Tex. App. 2008). “The revenue, rates, rate design and service charges approved herein will not yield to TXU more than a fair return on the adjusted value of the invested capital used and useful in rendering service to the public, as required by Tex. Util. Code Ann. § 104.052 . . . . 28.”
City of Dallas v. R.R. Comm'n of Texas & Atmos Energy Corp., as Successor by Merger to TXU Gas Co. (Tex. App. 2008). “The revenue, rates, rate design and service charges approved herein will not yield to TXU more than a fair return on the adjusted value of the invested capital used and useful in rendering service to the public, as required by Tex. Util. Code Ann. § 104.052 . . . . 28.”
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