Texas 2021 - 87th Regular

Texas Senate Bill SB1202 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1202
	1	+	By: Hancock S.B. No. 1202
	2	+	(Paddie)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the applicability of certain utility provisions to a
6	8		vehicle charging service.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Sections 31.002(6) and (17), Utilities Code, are
9	11		amended to read as follows:
10	12		(6) "Electric utility" means a person or river
11	13		authority that owns or operates for compensation in this state
12	14		equipment or facilities to produce, generate, transmit,
13	15		distribute, sell, or furnish electricity in this state. The term
14	16		includes a lessee, trustee, or receiver of an electric utility and a
15	17		recreational vehicle park owner who does not comply with Subchapter
16	18		C, Chapter 184, with regard to the metered sale of electricity at
17	19		the recreational vehicle park. The term does not include:
18	20		(A) a municipal corporation;
19	21		(B) a qualifying facility;
20	22		(C) a power generation company;
21	23		(D) an exempt wholesale generator;
22	24		(E) a power marketer;
23	25		(F) a corporation described by Section 32.053 to
24	26		the extent the corporation sells electricity exclusively at
25	27		wholesale and not to the ultimate consumer;
26	28		(G) an electric cooperative;
27	29		(H) a retail electric provider;
28	30		(I) this state or an agency of this state; or
29	31		(J) a person not otherwise an electric utility
30	32		who:
31	33		(i) furnishes an electric service or
32	34		commodity only to itself, its employees, or its tenants as an
33	35		incident of employment or tenancy, if that service or commodity is
34	36		not resold to or used by others;
35	37		(ii) owns or operates in this state
36	38		equipment or facilities to produce, generate, transmit,
37	39		distribute, sell, or furnish electric energy to an electric
38	40		utility, if the equipment or facilities are used primarily to
39	41		produce and generate electric energy for consumption by that
40	42		person; [or]
41	43		(iii) owns or operates in this state a
42	44		recreational vehicle park that provides metered electric service in
43	45		accordance with Subchapter C, Chapter 184; or
44	46		(iv) owns or operates equipment used solely
45	47		to provide electricity charging service for consumption by an
46	48		alternatively fueled vehicle, as defined by Section 502.004,
47	49		Transportation Code.
48	50		(17) "Retail electric provider" means a person that
49	51		sells electric energy to retail customers in this state. A retail
50	52		electric provider may not own or operate generation assets. The
51	53		term does not include a person not otherwise a retail electric
52	54		provider who owns or operates equipment used solely to provide
53	55		electricity charging service for consumption by an alternatively
54	56		fueled vehicle, as defined by Section 502.004, Transportation Code.
55	57		SECTION 2. Subchapter A, Chapter 31, Utilities Code, is
56	58		amended by adding Section 31.0021 to read as follows:
57	59		Sec. 31.0021. CHARGING SERVICE. The commission by rule may
58	60		exempt from the definition of "electric utility" or "retail
59	61		electric provider" under Section 31.002 a provider who owns or
60	62		operates equipment used solely to provide electricity charging
61	63		service for a mode of transportation.
62	64		SECTION 3. Section 37.001(3), Utilities Code, is amended to
63	65		read as follows:
64	66		(3) "Retail electric utility" means a person,
65	67		political subdivision, electric cooperative, or agency that
66	68		operates, maintains, or controls in this state a facility to
67	69		provide retail electric utility service. The term does not include
68	70		a corporation described by Section 32.053 to the extent that the
69	71		corporation sells electricity exclusively at wholesale and not to
70	72		the ultimate consumer. A qualifying cogenerator that sells
71	73		electric energy at retail to the sole purchaser of the
72	74		cogenerator's thermal output under Sections 35.061 and 36.007 is
73	75		not for that reason considered to be a retail electric utility. The
74	76		owner or operator of a qualifying cogeneration facility who was
75	77		issued the necessary environmental permits from the Texas Natural
76	78		Resource Conservation Commission after January 1, 1998, and who
77	79		commenced construction of such qualifying facility before July 1,
78	80		1998, may provide electricity to the purchasers of the thermal
79	81		output of that qualifying facility and shall not for that reason be
80	82		considered an electric utility or a retail electric utility,
81	83		provided that the purchasers of the thermal output are owners of
82	84		manufacturing or process operation facilities that are located on a
83	85		site entirely owned before September, 1987, by one owner who
84	86		retained ownership after September, 1987, of some portion of the
85	87		facilities and that those facilities now share some integrated
86	88		operations, such as the provision of services and raw materials. A
87	89		person who owns or operates equipment used solely to provide
88	90		electricity charging service for consumption by an alternatively
89	91		fueled vehicle, as defined by Section 502.004, Transportation Code,
90	92		is not for that reason considered to be a retail electric utility.
91	93		SECTION 4. Subchapter A, Chapter 37, Utilities Code, is
92	94		amended by adding Section 37.002 to read as follows:
93	95		Sec. 37.002. CHARGING SERVICE. The commission may by rule
94	96		exempt from the definition of "retail electric utility" under
95	97		Section 37.001 a provider who owns or operates equipment used
96	98		solely to provide electricity charging service for a mode of
97	99		transportation.
98	100		SECTION 5. This Act takes effect September 1, 2021.
99		-	______________________________ ______________________________
100		-	President of the Senate Speaker of the House
101		-	I hereby certify that S.B. No. 1202 passed the Senate on
102		-	April 9, 2021, by the following vote: Yeas 31, Nays 0.
103		-	______________________________
104		-	Secretary of the Senate
105		-	I hereby certify that S.B. No. 1202 passed the House on
106		-	May 20, 2021, by the following vote: Yeas 143, Nays 1, one
107		-	present not voting.
108		-	______________________________
109		-	Chief Clerk of the House
110		-	Approved:
111		-	______________________________
112		-	Date
113		-	______________________________
114		-	Governor