PRICING FLEXIBILITY.
Tex. UTIL Code § 51.004.
in effect(a) A discount or other form of pricing flexibility may not be:
(1) unreasonably preferential, prejudicial, or discriminatory; or
(2) predatory or anticompetitive.
(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.