Texas 2025 - 89th Regular

Texas House Bill HB2166 Compare Versions

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11 89R2469 CS-F
22 By: Bryant H.B. No. 2166
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the establishment of an independent market monitor for
1010 the natural gas market by the Public Utility Commission of Texas and
1111 an independent organization certified for a power region.
1212 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1313 SECTION 1. Section 39.1515, Utilities Code, is amended by
1414 adding Subsection (a-1) to read as follows:
1515 (a-1) In this section, "market monitor" means the entity
1616 selected under Subsection (a).
1717 SECTION 2. Subchapter D, Chapter 39, Utilities Code, is
1818 amended by adding Section 39.1517 to read as follows:
1919 Sec. 39.1517. NATURAL GAS MARKET MONITOR. (a) An
2020 independent organization certified under Section 39.151 shall
2121 contract with an entity selected by the commission to act as an
2222 independent market monitor for the natural gas market in the power
2323 region served by the organization to:
2424 (1) detect and prevent market manipulation strategies
2525 in the natural gas market to prevent the unreasonable restriction,
2626 impairment, or reduction in the level of competition; and
2727 (2) recommend measures to enhance the efficiency of
2828 the natural gas market.
2929 (b) In this section:
3030 (1) "Market monitor" means the entity selected under
3131 Subsection (a).
3232 (2) "Natural gas market" means transactions made by a
3333 gas supply chain facility described by Section 86.044(b), Natural
3434 Resources Code, or a gas pipeline facility described by Section
3535 121.2015(a)(3) to supply natural gas for the electricity supply
3636 chain, as mapped under Section 38.203.
3737 (c) The independent organization shall provide to the
3838 personnel of the market monitor:
3939 (1) support and cooperation the commission determines
4040 is necessary for the market monitor to perform the market monitor's
4141 functions; and
4242 (2) full access to the parts of the independent
4343 organization's main operations center and records that concern
4444 operations, settlements, and reliability.
4545 (d) The independent organization shall use money from the
4646 fee authorized by Section 39.151(e) to pay for the market monitor's
4747 activities.
4848 (e) The commission and the Railroad Commission of Texas are
4949 responsible for ensuring that the market monitor has the resources,
5050 expertise, and authority necessary to monitor the natural gas
5151 market in this state effectively and shall adopt rules and perform
5252 oversight of the market monitor as necessary. The market monitor
5353 shall operate under the supervision and oversight of the
5454 commission.
5555 (f) The commission and the Railroad Commission of Texas
5656 retain all enforcement authority conferred under this title, Title
5757 3, and the Natural Resources Code, and this section may not be
5858 construed to confer enforcement authority on the market monitor or
5959 to authorize the commission or the Railroad Commission of Texas to
6060 delegate enforcement authority to the market monitor. The
6161 commission by rule shall define:
6262 (1) the market monitor's monitoring responsibilities,
6363 including reporting obligations and limitations;
6464 (2) the standards for funding the market monitor,
6565 including staffing requirements;
6666 (3) qualifications for personnel of the market
6767 monitor; and
6868 (4) ethical standards for the market monitor and the
6969 personnel of the market monitor.
7070 (g) In adopting rules governing the standards for funding
7171 the market monitor, the commission shall consult with a
7272 subcommittee of the independent organization's governing body to
7373 receive information on how money is or should be spent for
7474 monitoring functions. Rules governing ethical standards must
7575 include provisions designed to ensure that the personnel of the
7676 market monitor are professionally and financially independent from
7777 participants in the natural gas market. The commission shall
7878 develop and implement policies that clearly separate the
7979 policy-making responsibilities of the commission and the
8080 monitoring, analysis, and reporting responsibilities of the market
8181 monitor.
8282 (h) The market monitor shall immediately report directly to
8383 the commission any potential market manipulations and any
8484 discovered or potential violations of commission rules, protocols
8585 of the independent organization, or rules of the Railroad
8686 Commission of Texas.
8787 (i) The market monitor shall consult with the Railroad
8888 Commission of Texas to obtain necessary information for the market
8989 monitor to perform the market monitor's functions. The commission
9090 may enter into a memorandum of understanding with the Railroad
9191 Commission of Texas to:
9292 (1) ensure the market monitor has access to the
9393 information needed for the market monitor to perform the market
9494 monitor's functions; and
9595 (2) provide oversight over the sharing of information
9696 between the Railroad Commission of Texas and the market monitor.
9797 (j) The personnel of the market monitor may communicate with
9898 commission staff on any matter without restriction.
9999 (k) The market monitor annually shall submit to the
100100 independent organization, the commission, and the Railroad
101101 Commission of Texas a report that identifies market flaws and
102102 recommends methods to correct the flaws. The independent
103103 organization, the commission, and the Railroad Commission of Texas
104104 shall review the report and evaluate whether changes to commission
105105 rules, protocols of the independent organization, or rules of the
106106 Railroad Commission of Texas should be made.
107107 SECTION 3. This Act takes effect September 1, 2025.