Bill Text: TX HB3648 | 2021-2022 | 87th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the provision of natural gas and electric services in this state.

Spectrum: Bipartisan Bill

Status: (Passed) 2021-06-18 - Effective immediately [HB3648 Detail]

Download: Texas-2021-HB3648-Comm_Sub.html
 
 
  By: Geren, et al. (Senate Sponsor - Hancock) H.B. No. 3648
         (In the Senate - Received from the House April 20, 2021;
  May 10, 2021, read first time and referred to Committee on Business &
  Commerce; May 14, 2021, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 8, Nays 0;
  May 14, 2021, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 3648 By:  Hancock
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the provision of natural gas and electric services in
  this state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 81, Natural Resources
  Code, is amended by adding Section 81.073 to read as follows:
         Sec. 81.073.  CRITICAL NATURAL GAS FACILITIES AND ENTITIES.
  (a) The commission shall collaborate with the Public Utility
  Commission of Texas to adopt rules to establish a process to
  designate certain natural gas facilities and entities associated
  with providing natural gas in this state as critical customers or
  critical gas suppliers during energy emergencies.
         (b)  The rules must:
               (1)  establish criteria for designating persons who own
  or operate a facility under the jurisdiction of the commission
  under Section 81.051(a) or engage in an activity under the
  jurisdiction of the commission under Section 81.051(a) who must
  provide critical customer and critical gas supply information, as
  defined by the commission, to the entities described by Section
  38.074(b)(1), Utilities Code; and
               (2)  consider essential operational elements when
  defining critical customer designations and critical gas supply
  information for the purposes of Subdivision (1), including natural
  gas production, processing, transportation, and the delivery of
  natural gas to generators of electric energy.
         SECTION 2.  Subchapter A, Chapter 31, Utilities Code, is
  amended by adding Section 31.006 to read as follows:
         Sec. 31.006.  LIMITED LIABILITY OF CERTAIN ELECTRIC
  UTILITIES. An electric utility that complies with an instruction,
  directive, order, regulation, or restriction regarding the
  operation of the electric utility's transmission or distribution
  system issued by an independent organization certified under
  Section 39.151 or a regulatory authority is not liable for any
  direct or consequential damages, including without limitation
  bodily or other personal injury, emotional injury, death, property
  damage, loss of profits, loss of revenue, or loss of production
  capacity, caused by the electric utility's compliance with the
  instruction, directive, order, regulation, or restriction.
         SECTION 3.  Subchapter D, Chapter 38, Utilities Code, is
  amended by adding Section 38.074 to read as follows:
         Sec. 38.074.  CRITICAL NATURAL GAS FACILITIES AND ENTITIES.
  (a) The commission shall collaborate with the Railroad Commission
  of Texas to adopt rules to establish a process to designate certain
  natural gas facilities and entities associated with providing
  natural gas in this state as critical during energy emergencies.
         (b)  The rules must:
               (1)  ensure that the independent organization
  certified under Section 39.151 for the ERCOT power region and each
  electric utility, municipally owned utility, and electric
  cooperative providing service in the ERCOT power region is provided
  with the information required by Section 81.073, Natural Resources
  Code;
               (2)  provide for prioritizing for load-shed purposes
  during an energy emergency the facilities and entities designated
  under Subsection (a); and 
               (3)  provide discretion to an electric utility,
  municipally owned utility, or electric cooperative providing
  service in the ERCOT power region to prioritize power delivery and
  power restoration among the facilities and entities designated
  under Subsection (a) on the utility's or cooperative's systems, as
  circumstances require.
         SECTION 4.  Section 31.006, Utilities Code, as added by this
  Act, applies only to a cause of action that accrues on or after the
  effective date of this Act.
         SECTION 5.  (a) The Public Utility Commission of Texas and
  Railroad Commission of Texas shall adopt rules required by Section
  81.073, Natural Resources Code, and Section 38.074, Utilities Code,
  as added by this Act, not later than December 1, 2021.
         (b)  The Public Utility Commission of Texas shall provide a
  report to the legislature regarding the implementation by the
  Public Utility Commission of Texas of the designation and
  prioritization requirements in this Act not later than January 1,
  2022.
         SECTION 6.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.
 
  * * * * *
feedback