87R7969 JXC-D
	By: Hancock	S.B. No. 1202

	A BILL TO BE ENTITLED
	AN ACT
	relating to the applicability of certain utility provisions to a
	vehicle charging service.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Sections 31.002(6) and (17), Utilities Code, are
	amended to read as follows:
	(6)  "Electric utility" means a person or river
	authority that owns or operates for compensation in this state
	equipment or facilities to produce, generate, transmit,
	distribute, sell, or furnish electricity in this state. The term
	includes a lessee, trustee, or receiver of an electric utility and a
	recreational vehicle park owner who does not comply with Subchapter
	C, Chapter 184, with regard to the metered sale of electricity at
	the recreational vehicle park. The term does not include:
	(A)  a municipal corporation;
	(B)  a qualifying facility;
	(C)  a power generation company;
	(D)  an exempt wholesale generator;
	(E)  a power marketer;
	(F)  a corporation described by Section 32.053 to
	the extent the corporation sells electricity exclusively at
	wholesale and not to the ultimate consumer;
	(G)  an electric cooperative;
	(H)  a retail electric provider;
	(I)  this state or an agency of this state; or
	(J)  a person not otherwise an electric utility
	who:
	(i)  furnishes an electric service or
	commodity only to itself, its employees, or its tenants as an
	incident of employment or tenancy, if that service or commodity is
	not resold to or used by others;
	(ii)  owns or operates in this state
	equipment or facilities to produce, generate, transmit,
	distribute, sell, or furnish electric energy to an electric
	utility, if the equipment or facilities are used primarily to
	produce and generate electric energy for consumption by that
	person; [or]
	(iii)  owns or operates in this state a
	recreational vehicle park that provides metered electric service in
	accordance with Subchapter C, Chapter 184; or
	(iv)  owns or operates equipment used solely
	to provide electricity charging service for consumption by an
	alternatively fueled vehicle, as defined by Section 502.004,
	Transportation Code.
	(17)  "Retail electric provider" means a person that
	sells electric energy to retail customers in this state. A retail
	electric provider may not own or operate generation assets. The
	term does not include a person not otherwise a retail electric
	provider who owns or operates equipment used solely to provide
	electricity charging service for consumption by an alternatively
	fueled vehicle, as defined by Section 502.004, Transportation Code.
	SECTION 2.  Subchapter A, Chapter 31, Utilities Code, is
	amended by adding Section 31.0021 to read as follows:
	Sec. 31.0021.  CHARGING SERVICE. The commission by rule may
	exempt from the definition of "electric utility" or "retail
	electric provider" under Section 31.002 a provider who owns or
	operates equipment used solely to provide electricity charging
	service for a mode of transportation.
	SECTION 3.  Section 37.001(3), Utilities Code, is amended to
	read as follows:
	(3)  "Retail electric utility" means a person,
	political subdivision, electric cooperative, or agency that
	operates, maintains, or controls in this state a facility to
	provide retail electric utility service. The term does not include
	a corporation described by Section 32.053 to the extent that the
	corporation sells electricity exclusively at wholesale and not to
	the ultimate consumer. A qualifying cogenerator that sells electric
	energy at retail to the sole purchaser of the cogenerator's thermal
	output under Sections 35.061 and 36.007 is not for that reason
	considered to be a retail electric utility. The owner or operator of
	a qualifying cogeneration facility who was issued the necessary
	environmental permits from the Texas Natural Resource Conservation
	Commission after January 1, 1998, and who commenced construction of
	such qualifying facility before July 1, 1998, may provide
	electricity to the purchasers of the thermal output of that
	qualifying facility and shall not for that reason be considered an
	electric utility or a retail electric utility, provided that the
	purchasers of the thermal output are owners of manufacturing or
	process operation facilities that are located on a site entirely
	owned before September, 1987, by one owner who retained ownership
	after September, 1987, of some portion of the facilities and that
	those facilities now share some integrated operations, such as the
	provision of services and raw materials. A person who owns or
	operates equipment used solely to provide electricity charging
	service for consumption by an alternatively fueled vehicle, as
	defined by Section 502.004, Transportation Code, is not for that
	reason considered to be a retail electric utility.
	SECTION 4.  Subchapter A, Chapter 37, Utilities Code, is
	amended by adding Section 37.002 to read as follows:
	Sec. 37.002.  CHARGING SERVICE. The commission may by rule
	exempt from the definition of "retail electric utility" under
	Section 37.001 a provider who owns or operates equipment used
	solely to provide electricity charging service for a mode of
	transportation.
	SECTION 5.  This Act takes effect September 1, 2021.