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

Tex. Util. Code § 104.107 (2026)

Rate Suspension; Deadline

✓ current as of May 2026
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Sec. 104.107. RATE SUSPENSION; DEADLINE. (a) Pending the hearing and a decision:

(1) the local regulatory authority, after delivering to the gas utility a written statement of the regulatory authority's reasons, may suspend the operation of the schedule for not longer than 90 days after the date the schedule would otherwise be effective; and

(2) the railroad commission may suspend the operation of the schedule for not longer than 150 days after the date the schedule would otherwise be effective.

(b) The 150-day period prescribed by Subsection (a)(2) shall be extended for two days for each day the actual hearing on the merits of the case exceeds 15 days.

(c) If the regulatory authority does not make a final determination concerning a schedule of rates before expiration of the applicable suspension period, the regulatory authority is considered to have approved the schedule. This approval is subject to the authority of the regulatory authority thereafter to continue a hearing in progress.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 1233, Sec. 67, eff. Sept. 1, 2001.

Notes of Decisions
Cited in 4 cases, 2008–2014 · leading case: Texas Coast Utils. Coalition v. R.R. Comm'n, 423 S.W.3d 355 (Tex. 2014).
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Texas Coast Utils. Coalition v. R.R. Comm'n, 423 S.W.3d 355 (Tex. 2014). “See Tex. Util.Code § 104.107(a)(1). . In a rate case, a utility seeking to increase its rates may put the proposed rate into effect "by filing a bond with the regulatory authority if the regulatory authority fails to make a final determination within 90 days from the date the…”
Texas Coast Utils. Coalition v. R.R. Comm'n of Texas & Centerpoint Energy Resources Corp. D/B/A Centerpoint Energy Entex & Centerpoint Energy Texas Gas (Tex. 2014). “27 Although we have briefly noted responses to some of the Coalition’s complaints, the conclusive response to all of these complaints is that the COSA clause need not provide for a full GURA rate case prior to an annual adjustment in CenterPoint’s rate because the COSA clause…”
Reagan Nat'l Advert. of Austin, Inc. v. Vincent Hazen (Tex. App. 2008). “See Tex. Util. Code Ann. § 104.107 . The parties agree that these municipalities were deemed to have approved TXU Gas’s new distribution rates within their respective boundaries.”
City of Dallas v. R.R. Comm'n of Texas & Atmos Energy Corp., as Successor by Merger to TXU Gas Co. (Tex. App. 2008). “See Tex. Util. Code Ann. § 104.107 . The parties agree that these municipalities were deemed to have approved TXU Gas's new distribution rates within their respective boundaries.”
— Tex. Util. Code § 104.107(a)(1) — 2 cases
Texas Coast Utils. Coalition v. R.R. Comm'n, 423 S.W.3d 355 (Tex. 2014). “See Tex. Util.Code § 104.107(a)(1). . In a rate case, a utility seeking to increase its rates may put the proposed rate into effect "by filing a bond with the regulatory authority if the regulatory authority fails to make a final determination within 90 days from the date the…”
Texas Coast Utils. Coalition v. R.R. Comm'n of Texas & Centerpoint Energy Resources Corp. D/B/A Centerpoint Energy Entex & Centerpoint Energy Texas Gas (Tex. 2014). “27 Although we have briefly noted responses to some of the Coalition’s complaints, the conclusive response to all of these complaints is that the COSA clause need not provide for a full GURA rate case prior to an annual adjustment in CenterPoint’s rate because the COSA clause…”
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