City of Corpus Christi v. Public Utility Commission of Texas
In City of Corpus Christi v. Public Utility Commission of Texas, 51 S.W.3d 231 (Tex. 2001), several parties challenged a "non-standard true-up" because the statute 24 did not expressly provide for reallocation among consumer classes.
The Court rejected the challenge, relying on a more general section allowing adjustments to utility rates (but not reallocation among classes) to ensure funds would be available to pay a utility's bonds.
The Court reasoned that the important purpose in the general policy permitted "minor and essential adjustments" not expressly permitted by the statute. 51 S.W.3d at 268-70.