Texas 2021 - 87th Regular

Texas House Bill HB3648 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3648
	1	+	By: Geren, et al. (Senate Sponsor - Hancock) H.B. No. 3648
	2	+	(In the Senate - Received from the House April 20, 2021;
	3	+	May 10, 2021, read first time and referred to Committee on Business &
	4	+	Commerce; May 14, 2021, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 8, Nays 0;
	6	+	May 14, 2021, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 3648 By: Hancock
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the provision of natural gas and electric services in
6	14		this state.
7	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	16		SECTION 1. Subchapter C, Chapter 81, Natural Resources
9	17		Code, is amended by adding Section 81.073 to read as follows:
10	18		Sec. 81.073. CRITICAL NATURAL GAS FACILITIES AND ENTITIES.
11	19		(a) The commission shall collaborate with the Public Utility
12	20		Commission of Texas to adopt rules to establish a process to
13	21		designate certain natural gas facilities and entities associated
14	22		with providing natural gas in this state as critical customers or
15	23		critical gas suppliers during energy emergencies.
16	24		(b) The rules must:
17	25		(1) establish criteria for designating persons who own
18	26		or operate a facility under the jurisdiction of the commission
19	27		under Section 81.051(a) or engage in an activity under the
20	28		jurisdiction of the commission under Section 81.051(a) who must
21	29		provide critical customer and critical gas supply information, as
22	30		defined by the commission, to the entities described by Section
23	31		38.074(b)(1), Utilities Code; and
24	32		(2) consider essential operational elements when
25	33		defining critical customer designations and critical gas supply
26	34		information for the purposes of Subdivision (1), including natural
27		-	gas production, processing, and transportation, related produced
28		-	water handling and disposal facilities, and the delivery of natural
29		-	gas to generators of electric energy.
30		-	SECTION 2. Subchapter D, Chapter 38, Utilities Code, is
	35	+	gas production, processing, transportation, and the delivery of
	36	+	natural gas to generators of electric energy.
	37	+	SECTION 2. Subchapter A, Chapter 31, Utilities Code, is
	38	+	amended by adding Section 31.006 to read as follows:
	39	+	Sec. 31.006. LIMITED LIABILITY OF CERTAIN ELECTRIC
	40	+	UTILITIES. An electric utility that complies with an instruction,
	41	+	directive, order, regulation, or restriction regarding the
	42	+	operation of the electric utility's transmission or distribution
	43	+	system issued by an independent organization certified under
	44	+	Section 39.151 or a regulatory authority is not liable for any
	45	+	direct or consequential damages, including without limitation
	46	+	bodily or other personal injury, emotional injury, death, property
	47	+	damage, loss of profits, loss of revenue, or loss of production
	48	+	capacity, caused by the electric utility's compliance with the
	49	+	instruction, directive, order, regulation, or restriction.
	50	+	SECTION 3. Subchapter D, Chapter 38, Utilities Code, is
31	51		amended by adding Section 38.074 to read as follows:
32	52		Sec. 38.074. CRITICAL NATURAL GAS FACILITIES AND ENTITIES.
33	53		(a) The commission shall collaborate with the Railroad Commission
34	54		of Texas to adopt rules to establish a process to designate certain
35	55		natural gas facilities and entities associated with providing
36	56		natural gas in this state as critical during energy emergencies.
37	57		(b) The rules must:
38	58		(1) ensure that the independent organization
39	59		certified under Section 39.151 for the ERCOT power region and each
40	60		electric utility, municipally owned utility, and electric
41	61		cooperative providing service in the ERCOT power region is provided
42	62		with the information required by Section 81.073, Natural Resources
43	63		Code;
44	64		(2) provide for prioritizing for load-shed purposes
45	65		during an energy emergency the facilities and entities designated
46	66		under Subsection (a); and
47	67		(3) provide discretion to an electric utility,
48	68		municipally owned utility, or electric cooperative providing
49	69		service in the ERCOT power region to prioritize power delivery and
50	70		power restoration among the facilities and entities designated
51	71		under Subsection (a) on the utility's or cooperative's systems, as
52	72		circumstances require.
53		-	SECTION 3. (a) The Public Utility Commission of Texas and
	73	+	SECTION 4. Section 31.006, Utilities Code, as added by this
	74	+	Act, applies only to a cause of action that accrues on or after the
	75	+	effective date of this Act.
	76	+	SECTION 5. (a) The Public Utility Commission of Texas and
54	77		Railroad Commission of Texas shall adopt rules required by Section
55	78		81.073, Natural Resources Code, and Section 38.074, Utilities Code,
56	79		as added by this Act, not later than December 1, 2021.
57	80		(b) The Public Utility Commission of Texas shall provide a
58	81		report to the legislature regarding the implementation by the
59	82		Public Utility Commission of Texas of the designation and
60	83		prioritization requirements in this Act not later than January 1,
61	84		2022.
62		-	SECTION 4. This Act takes effect immediately if it receives
	85	+	SECTION 6. This Act takes effect immediately if it receives
63	86		a vote of two-thirds of all the members elected to each house, as
64	87		provided by Section 39, Article III, Texas Constitution. If this
65	88		Act does not receive the vote necessary for immediate effect, this
66	89		Act takes effect September 1, 2021.
67		-	______________________________ ______________________________
68		-	President of the Senate Speaker of the House
69		-	I certify that H.B. No. 3648 was passed by the House on April
70		-	20, 2021, by the following vote: Yeas 144, Nays 0, 1 present, not
71		-	voting; that the House refused to concur in Senate amendments to
72		-	H.B. No. 3648 on May 24, 2021, and requested the appointment of a
73		-	conference committee to consider the differences between the two
74		-	houses; and that the House adopted the conference committee report
75		-	on H.B. No. 3648 on May 29, 2021, by the following vote: Yeas 141,
76		-	Nays 0, 1 present, not voting.
77		-	______________________________
78		-	Chief Clerk of the House
79		-	I certify that H.B. No. 3648 was passed by the Senate, with
80		-	amendments, on May 19, 2021, by the following vote: Yeas 31, Nays
81		-	0; at the request of the House, the Senate appointed a conference
82		-	committee to consider the differences between the two houses; and
83		-	that the Senate adopted the conference committee report on H.B. No.
84		-	3648 on May 29, 2021, by the following vote: Yeas 31, Nays 0.
85		-	______________________________
86		-	Secretary of the Senate
87		-	APPROVED: __________________
88		-	Date
89		-	__________________
90		-	Governor
	90	+	* * * * *