Bill Text: TX SB312 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to the exemption of certain electric cooperatives from certain regulations.
Sponsorship: Partisan Bill (Republican 3)
Status: (Passed) 2011-04-21 - Effective immediately [SB312 Detail]
Download: Texas-2011-SB312-Enrolled.html
| S.B. No. 312 | ||
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| relating to the exemption of certain electric cooperatives from | ||
| certain regulations. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subdivision (7), Section 101.003, Utilities | ||
| Code, is amended to read as follows: | ||
| (7) "Gas utility" includes a person or river authority | ||
| that owns or operates for compensation in this state equipment or | ||
| facilities to transmit or distribute combustible hydrocarbon | ||
| natural gas or synthetic natural gas for sale or resale in a manner | ||
| not subject to the jurisdiction of the Federal Energy Regulatory | ||
| Commission under the Natural Gas Act (15 U.S.C. Section 717 et | ||
| seq.). The term includes a lessee, trustee, or receiver of a gas | ||
| utility. The term does not include: | ||
| (A) a municipal corporation; | ||
| (B) a person or river authority to the extent the | ||
| person or river authority: | ||
| (i) produces, gathers, transports, or sells | ||
| natural gas or synthetic natural gas under Section 121.004 or | ||
| 121.005; | ||
| (ii) distributes or sells liquefied | ||
| petroleum gas; or | ||
| (iii) transports, delivers, or sells | ||
| natural gas for fuel for irrigation wells or any other direct | ||
| agricultural use; | ||
| (C) a person to the extent the person: | ||
| (i) sells natural gas for use as vehicle | ||
| fuel; | ||
| (ii) sells natural gas to a person who later | ||
| sells the natural gas for use as vehicle fuel; or | ||
| (iii) owns or operates equipment or | ||
| facilities to sell or transport natural gas for ultimate use as | ||
| vehicle fuel; | ||
| (D) a person not otherwise a gas utility who | ||
| furnishes gas or gas service only to itself, its employees, or its | ||
| tenants as an incident of employment or tenancy, if the gas or gas | ||
| service is not resold to or used by others; [ |
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| (E) a person excluded from being considered a gas | ||
| utility under Section 121.007; or | ||
| (F) an electric cooperative, as that term is | ||
| defined by Section 11.003, or its subsidiary, that is excluded from | ||
| regulation as a gas utility by Section 121.008. | ||
| SECTION 2. Subchapter A, Chapter 121, Utilities Code, is | ||
| amended by adding Section 121.008 to read as follows: | ||
| Sec. 121.008. CERTAIN STORAGE FACILITIES OWNED BY ELECTRIC | ||
| COOPERATIVES EXCLUDED. An electric cooperative, as that term is | ||
| defined by Section 11.003, or its subsidiary, that sells | ||
| electricity at wholesale is not a gas utility or subject to | ||
| regulation as a gas utility solely because it provides gas storage | ||
| services for hire if the gas storage facility is predominantly | ||
| operated to support the integration of renewable resources. Such a | ||
| gas storage facility may not have a working gas capacity of greater | ||
| than five billion cubic feet. | ||
| SECTION 3. Subdivision (2), Section 111.001, Natural | ||
| Resources Code, is amended to read as follows: | ||
| (2) "Public utility" means a person, association of | ||
| persons, or corporation that owns, operates, or manages crude | ||
| petroleum storage tanks or storage facilities for the public for | ||
| hire, either in connection with a pipeline, pipelines, or | ||
| otherwise. The term does not include an electric cooperative, as | ||
| that term is defined by Section 11.003, Utilities Code, or its | ||
| subsidiary, that sells electricity at wholesale and that owns or | ||
| operates an underground storage facility and provides gas storage | ||
| services to the public for hire if the gas storage facility is | ||
| predominantly operated to support the integration of renewable | ||
| resources. Such a gas storage facility may not have a working gas | ||
| capacity of greater than five billion cubic feet. | ||
| SECTION 4. Section 111.003, Natural Resources Code, is | ||
| amended by adding Subsection (c) to read as follows: | ||
| (c) The provisions of this chapter, and any common law | ||
| requirements or limitations applicable to a common carrier, do not | ||
| apply to an underground storage facility owned or operated by an | ||
| electric cooperative, as that term is defined by Section 11.003, | ||
| Utilities Code, or its subsidiary, that sells electricity at | ||
| wholesale and offers or provides gas storage services to the public | ||
| for hire if the gas storage facility is predominantly operated to | ||
| support the integration of renewable resources. Such a gas storage | ||
| facility may not have a working gas capacity of greater than five | ||
| billion cubic feet. | ||
| SECTION 5. 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, 2011. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 312 passed the Senate on | ||
| March 17, 2011, by the following vote: Yeas 31, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 312 passed the House on | ||
| April 13, 2011, by the following vote: Yeas 144, Nays 0, one | ||
| present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
