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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility and designation of certain gas entities |
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and gas facilities as critical during an energy emergency. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 38, Utilities Code, is |
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amended by adding Section 38.074 to read as follows: |
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Sec. 38.074. CRITICAL GAS ENTITIES AND FACILITIES DURING AN |
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ENERGY EMERGENCY. (a) The commission shall work with the Railroad |
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Commission of Texas and adopt rules to designate certain gas |
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entities and facilities as critical during an energy emergency. |
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(b) At a minimum, the commission's rules shall: |
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(1) ensure that transmission and distribution |
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utilities, municipally owned utilities, electric cooperatives, and |
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ERCOT are provided with the designations as required by Section |
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81.073, Natural Resources Code; |
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(2) provide for a prioritization for load-shed |
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purposes of the entities and facilities designated under Subsection |
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(a) during an energy emergency; and |
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(3) provide discretion to transmission and |
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distribution utilities, municipally owned utilities, and electric |
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cooperatives to prioritize power delivery and power restoration |
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among the customers on their respective systems, as circumstances |
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require. |
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SECTION 2. Chapter 81, Natural Resources Code, is amended |
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by adding Section 81.073 to read as follows: |
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Sec. 81.073. CRITICAL GAS ENTITIES AND FACILITIES DURING AN |
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ENERGY EMERGENCY. (a) The commission shall work with the Public |
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Utility Commission of Texas to designate certain gas entities and |
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facilities as critical during an energy emergency. |
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(b) At a minimum, the commission's rules shall: |
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(1) determine eligibility and designation |
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requirements for persons owning, operating, or engaging in the |
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activities set forth in Section 81.051 to provide critical customer |
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designation and critical gas supply information, as defined by the |
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commission, to transmission and distribution utilities, |
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municipally owned utilities, electric cooperatives, and ERCOT, as |
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those terms are defined by Section 31.002, Utilities Code; and |
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(2) consider essential operational elements when |
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defining critical customer designations and critical gas supply |
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information, including natural gas production, processing, |
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transportation, and the delivery of natural gas to generators. |
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SECTION 3. (a) The Public Utility Commission of Texas and |
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Railroad Commission of Texas shall adopt rules, as added by this |
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Act, not later than September 1, 2021. |
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(b) The Public Utility Commission of Texas shall provide a |
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report to the legislature regarding its implementation of the |
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designation and prioritization requirements, as added by the Act, |
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not later than January 1, 2022. |
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SECTION 4. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2021. |