Bill Text: TX SB1202 | 2021-2022 | 87th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the applicability of certain utility provisions to a vehicle charging service.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2021-06-07 - Effective on 9/1/21 [SB1202 Detail]
Download: Texas-2021-SB1202-Engrossed.html
Bill Title: Relating to the applicability of certain utility provisions to a vehicle charging service.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2021-06-07 - Effective on 9/1/21 [SB1202 Detail]
Download: Texas-2021-SB1202-Engrossed.html
By: Hancock | S.B. No. 1202 |
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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; [ |
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(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. |