Tex. Utils. Code Section 52.110
Burden of Proof

(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 (Predatory Pricing), 52.108 (Other Prohibited Practices), 52.109 (Availability of Service), or 52.112 (Reduction Pass-through Required), 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.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 1212, Sec. 11, eff. Sept. 1, 1999.

Source: Section 52.110 — Burden of Proof, https://statutes.­capitol.­texas.­gov/Docs/UT/htm/UT.­52.­htm#52.­110 (accessed May 18, 2024).

52.001
Policy 52.002
Authority to Regulate 52.003
Cooperation with Other Regulatory Authorities 52.004
Commission May Establish Separate Markets 52.005
Minimum Requirements for Dominant Carriers 52.007
Tariff Requirements Relating to Providers Not Subject to Rate of Return Regulation 52.051
Policy 52.052
Applicability 52.053
Certain Rates Prohibited 52.054
Rules and Procedures for Incumbent Local Exchange Companies 52.055
Hearing to Determine Level of Competition 52.056
Specifically Authorized Regulatory Treatments 52.058
General Provisions Relating to New or Experimental Services or Promotional Rates 52.059
Rates to Cover Appropriate Costs 52.060
Administrative Fee or Assessment 52.101
Applicability 52.102
Limited Regulatory Authority 52.103
Registration Required 52.104
Commission May Investigate 52.105
Access to Certain Services Required 52.106
Quality of Service Required 52.107
Predatory Pricing 52.108
Other Prohibited Practices 52.109
Availability of Service 52.110
Burden of Proof 52.111
Commission May Exempt 52.112
Reduction Pass-through Required 52.151
Applicability 52.152
Limited Regulatory Authority 52.153
Books and Records 52.154
Commission May Not Overburden 52.155
Prohibition of Excessive Access Charges 52.156
Retail Rates, Terms, and Conditions 52.201
Deregulation of Service 52.202
Determination of Geographic Market 52.203
Market Power Test 52.204
Rate for Deregulated Service 52.205
Investigation of Competition 52.206
Reregulation of Market 52.207
Reports 52.251
Tariff Filings 52.252
Depreciation Account 52.253
Accounts of Profits and Losses 52.255
Availability of Records 52.256
Plan and Report of Workforce Diversity and Other Business Practices 52.0583
New Services 52.0584
Pricing and Packaging Flexibility 52.0585
Customer Promotional Offerings 52.1035
Renewal of Certain Certificates
Green check means up to date. Up to date

Accessed:
May 18, 2024

§ 52.110’s source at texas​.gov