81R9596 TRH-F By: Duncan S.B. No. 2143 A BILL TO BE ENTITLED AN ACT relating to the authority of the Railroad Commission of Texas to determine whether certain transporters of natural or synthetic gas are gas utilities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 121.005, Utilities Code, is amended by adding Subsections (d), (e), and (f) to read as follows: (d) The railroad commission may: (1) review a certification made by a person under Subsection (a) to determine whether the person is eligible for an exemption under that subsection; and (2) require the person making a certification to submit any additional information the railroad commission considers necessary to make the determination. (e) The railroad commission, after notice and opportunity for a hearing, shall revoke an exemption granted to a person under Subsection (a) if the commission determines that the person is not eligible for the exemption. (f) Nothing in this section constitutes authority to revoke a person's operating permit based solely on a revocation under Subsection (e). The commission shall develop rules for informing the person of the additional statutory and regulatory requirements caused by the loss of the exemption. On revocation of an exemption, the commission shall specify the required procedures and deadlines for the person to comply with the additional requirements. SECTION 2. This Act takes effect September 1, 2009.