Texas Utilities Code - UTIL § 51.004. Pricing Flexibility

(a) A discount or other form of pricing flexibility may not be:

(b) This title does not prohibit a volume discount or other discount based on a reasonable business purpose. A price that is set at or above the long run incremental cost of a service is presumed not to be a predatory price.

(c) This title allows an offer based on a reasonable business purpose, including an offer made at any time to a selected customer or a group of customers in response to a competitor's offer or a former customer's acceptance of a competitor's offer if the price of the offer meets the requirements of Section 52.0584, 58.063, or 59.031.

(d) An offer made under Subsection (c) must be made in compliance with Chapter 304, Business & Commerce Code.