BURDEN OF PROOF.
Tex. UTIL Code § 52.110.
in effect(a) In a proceeding before the commission in which it is alleged that a telecommunications utility engaged in conduct in violation of Section 52.107 , 52.108 , 52.109 , or 52.112 , the burden of proof is on:
(1) a telecommunications utility complaining of conduct committed against it in violation of this subchapter; or
(2) except as provided by Subsection (b), the responding telecommunications utility if the proceedings are:
(A) brought by a customer or customer representative who is not a telecommunications utility; or
(B) initiated by the commission.
(b) The commission may impose the burden of proof on the complaining party in a proceeding described by Subsection (a)(2) if the commission determines that placing the burden of proof on the complaining party is in the public interest.