Texas 2009 - 81st Regular

Texas House Bill HB4107 Compare Versions

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Old	New	Differences
1	1	81R29588 TJS-D
2	2	By: Chisum H.B. No. 4107
3	3	Substitute the following for H.B. No. 4107:
4	4	By: Swinford C.S.H.B. No. 4107
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the exemption of certain electric cooperatives from
10	10	certain regulations.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subdivision (7), Section 101.003, Utilities
13	13	Code, is amended to read as follows:
14	14	(7) "Gas utility" includes a person or river authority
15	15	that owns or operates for compensation in this state equipment or
16	16	facilities to transmit or distribute combustible hydrocarbon
17	17	natural gas or synthetic natural gas for sale or resale in a manner
18	18	not subject to the jurisdiction of the Federal Energy Regulatory
19	19	Commission under the Natural Gas Act (15 U.S.C. Section 717 et
20	20	seq.). The term includes a lessee, trustee, or receiver of a gas
21	21	utility. The term does not include:
22	22	(A) a municipal corporation;
23	23	(B) a person or river authority to the extent the
24	24	person or river authority:
25	25	(i) produces, gathers, transports, or sells
26	26	natural gas or synthetic natural gas under Section 121.004 or
27	27	121.005;
28	28	(ii) distributes or sells liquefied
29	29	petroleum gas; or
30	30	(iii) transports, delivers, or sells
31	31	natural gas for fuel for irrigation wells or any other direct
32	32	agricultural use;
33	33	(C) a person to the extent the person:
34	34	(i) sells natural gas for use as vehicle
35	35	fuel;
36	36	(ii) sells natural gas to a person who later
37	37	sells the natural gas for use as vehicle fuel; or
38	38	(iii) owns or operates equipment or
39	39	facilities to sell or transport natural gas for ultimate use as
40	40	vehicle fuel;
41	41	(D) a person not otherwise a gas utility who
42	42	furnishes gas or gas service only to itself, its employees, or its
43	43	tenants as an incident of employment or tenancy, if the gas or gas
44	44	service is not resold to or used by others; [or]
45	45	(E) a person excluded from being considered a gas
46	46	utility under Section 121.007; or
47	47	(F) an electric cooperative, as that term is
48	48	defined by Section 11.003, or its subsidiary, that is excluded from
49	49	regulation as a gas utility by Section 121.008.
50	50	SECTION 2. Subchapter A, Chapter 121, Utilities Code, is
51	51	amended by adding Section 121.008 to read as follows:
52	52	Sec. 121.008. CERTAIN STORAGE FACILITIES OWNED BY ELECTRIC
53	53	COOPERATIVES EXCLUDED. An electric cooperative, as that term is
54	54	defined by Section 11.003, or its subsidiary, that sells
55	55	electricity at wholesale is not a gas utility or subject to
56	56	regulation as a gas utility solely because it provides gas storage
57	57	services for hire if the gas storage facility is predominantly
58	58	operated to support the integration of renewable resources. Such a
59	59	gas storage facility shall not have a working gas capacity of
60	60	greater than five billion cubic feet.
61	61	SECTION 3. Subdivision (2), Section 111.001, Natural
62	62	Resources Code, is amended to read as follows:
63	63	(2) "Public utility" means a person, association of
64	64	persons, or corporation that owns, operates, or manages crude
65	65	petroleum storage tanks or storage facilities for the public for
66	66	hire, either in connection with a pipeline, pipelines, or
67	67	otherwise. The term does not include an electric cooperative, as
68	68	that term is defined by Section 11.003, Utilities Code, or its
69	69	subsidiary, that sells electricity at wholesale and that owns or
70	70	operates an underground storage facility and provides gas storage
71	71	services to the public for hire if the gas storage facility is
72	72	predominantly operated to support the integration of renewable
73	73	resources. Such a gas storage facility shall not have a working gas
74	74	capacity of greater than five billion cubic feet.
75	75	SECTION 4. Section 111.003, Natural Resources Code, is
76	76	amended by adding Subsection (c) to read as follows:
77	77	(c) The provisions of this chapter, and any common law
78	78	requirements or limitations applicable to a common carrier, do not
79	79	apply to an underground storage facility owned or operated by an
80	80	electric cooperative, as that term is defined by Section 11.003,
81	81	Utilities Code, or its subsidiary, that sells electricity at
82	82	wholesale and offers or provides gas storage services to the public
83	83	for hire if the gas storage facility is predominantly operated to
84	84	support the integration of renewable resources. Such a gas storage
85	85	facility shall not have a working gas capacity of greater than five
86	86	billion cubic feet.
87	87	SECTION 5. This Act takes effect immediately if it receives
88	88	a vote of two-thirds of all the members elected to each house, as
89	89	provided by Section 39, Article III, Texas Constitution. If this
90	90	Act does not receive the vote necessary for immediate effect, this
91	91	Act takes effect September 1, 2009.