Tex. Codes » Utilities Code · TITLE 2. PUBLIC UTILITY REGULATORY ACT · SUBTITLE B. ELECTRIC UTILITIES · CHAPTER 36. RATES
Texas Codes

Tex. Util. Code § 36.051 (2026)

Establishing Overall Revenues

✓ current as of May 2026
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Sec. 36.051. ESTABLISHING OVERALL REVENUES. In establishing an electric 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 the utility's reasonable and necessary operating expenses.

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

Notes of Decisions
Cited in 41 cases (1 in the last 5 years), 1999–2021 · leading case: Entergy Gulf States, Inc. v. Pub. Util. Comm'n, 173 S.W.3d 199 (Tex. App. 2005).
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Entergy Gulf States, Inc. v. Pub. Util. Comm'n, 173 S.W.3d 199 (Tex. App. 2005). · cites it 6× “See Tex. UtiLCode Ann. § 36.051 (West 1998). Entergy subsequently acquired the remaining 30% of the River Bend power plant (River Bend 30%) as part of a bankruptcy settlement.”
Pub. Util. Comm'n v. City Pub. Serv. Bd. of San Antonio, 53 S.W.3d 310 (Tex. 2001). “See Tex. Util.Code §§ 36.051, 36.053. . See Sharp v.”
Pioneer Nat. Resources USA, Inc. v. Pub. Util. Comm'n, 303 S.W.3d 363 (Tex. App. 2009). · cites it 4× “” See Tex. Util.Code Ann. § 36.051 (West 2007).”
CenterPoint Energy Houston Elec., LLC v. Gulf Coast Coalition of Cities, 252 S.W.3d 1 (Tex. App. 2008). “Under regulation, when establishing a utility’s rate, the Commission was required to set a rate that would allow “the utility a reasonable opportunity to earn a reasonable return on the utility’s invested capital used.”
CenterPoint Energy Houston Elec., LLC v. Pub. Util. Comm'n, 212 S.W.3d 389 (Tex. App. 2006). · cites it 2× “See Tex. Util. Code Ann. § 36.051 (authorizing the Commission to establish rates that cover a utility’s “reasonable and necessary” operating expenses.”
Oncor Elec. Delivery Co. LLC v. Pub. Util. Comm'n of Texas, 507 S.W.3d 706 (Tex. 2017). “Tex. Util. Code § 36.051. 37 . Pub. Util.”
State v. Pub. Util. Com'n of Texas, 344 S.W.3d 349 (Tex. 2011). “See Tex. Util.Code § 36.051 ("In establishing an electric 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…”
Oncor Elec. Delivery Co. LLC v. Pub. Util. Comm'n of Texas, 406 S.W.3d 253 (Tex. App. 2013). “Some additional statutory context is necessary to understand the merits of the parties’ contentions.”
Houston Lighting & Power Co. v. Auchan USA, Inc., 995 S.W.2d 668 (Tex. 1999). “” Tex. Util. Code § 36.051. The public interest in protecting the financial integrity of public utilities is another basis for concluding that tariff provisions such as the one at issue in this case are not unreasonable when applied to claims for ordinary negligence.”
CenterPoint Energy Houston Elec., LLC v. Pub. Util. Comm'n of Texas, 408 S.W.3d 910 (Tex. App. 2013). “Ultimately, all utilities’ costs, including those for energy-efficiency pro *920 grams, are funded by ratepayers, see Tex. UtiLCode § 36.051 (establishing rates), and we fail to see how the intermediate source of the funding informs our decision here.”
Sw. Elec. Power Co. v. Pub. Util. Comm'n of Texas, 419 S.W.3d 414 (Tex. App. 2011). “3d at 366 ; see Tex. Util.Code Ann. § 36.051; Central Power & Light Co.”
Pub. Util. Com'n v. City Pub. Ser. Bd., 53 S.W.3d 310 (Tex. 2001). “[92] See Tex. Util.Code §§ 36.051, 36.053. [93] See Sharp v.”
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