By: Farabee H.B. No. 1883
COMMITTEE SUBSTITUTE FOR H.B. No. 1883By: Averitt By: Averitt
(In the Senate - Received from the House May 6, 2009;
May 7, 2009, read first time and referred to Committee on Natural
Resources; May 18, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
May 18, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the status of certain transporters of natural or
synthetic gas and liquified natural gas marine terminals as gas
utilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 121.005, Utilities Code, is amended by
adding Subsection (d) to read as follows:
(d) The railroad commission may review a certification made
by a person under Subsection (a). The railroad commission shall
invite a person whose certification is being reviewed to an
informal meeting to resolve the person's status under this
subsection. If the person's status remains unresolved after the
informal meeting and there is sufficient reason to move forward,
the railroad commission shall provide notice and an opportunity for
a hearing. After notice and an opportunity for a hearing, the
railroad commission may determine whether the person is eligible
for an exemption under this subsection.
SECTION 2. Subsection (a), Section 121.007, Utilities Code,
is amended to read as follows:
(a) A person operating a natural gas pipeline, a liquefied
natural gas pipeline, or an underground storage facility is not a
gas utility if the person certifies to the railroad commission that
the person uses the pipeline or underground storage facility solely
to deliver natural gas or liquefied natural gas or the constituents
of natural gas or liquefied natural gas:
(1) to a liquefied natural gas marine terminal;
(2) from a liquefied natural gas marine terminal to
the owner of the gas or another person on behalf of the owner of the
gas; [or]
(3) that is acquired, liquefied, or sold by the person
as necessary for the operation or maintenance of its facility that
is excluded as a gas utility under this section; or
(4) that has been stored for export.
SECTION 3. This Act takes effect September 1, 2009.
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