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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of natural gas and electric services in |
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this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 81, Natural Resources |
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Code, is amended by adding Section 81.073 to read as follows: |
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Sec. 81.073. CRITICAL NATURAL GAS FACILITIES AND ENTITIES. |
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(a) The commission shall collaborate with the Public Utility |
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Commission of Texas to adopt rules to establish a process to |
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designate certain natural gas facilities and entities associated |
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with providing natural gas in this state as critical customers or |
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critical gas suppliers during energy emergencies. |
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(b) The rules must: |
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(1) establish criteria for designating persons who own |
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or operate a facility under the jurisdiction of the commission |
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under Section 81.051(a) or engage in an activity under the |
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jurisdiction of the commission under Section 81.051(a) who must |
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provide critical customer and critical gas supply information, as |
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defined by the commission, to the entities described by Section |
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38.074(b)(1), 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 for the purposes of Subdivision (1), including natural |
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gas production, processing, transportation, and the delivery of |
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natural gas to generators of electric energy. |
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SECTION 2. Subchapter A, Chapter 31, Utilities Code, is |
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amended by adding Section 31.006 to read as follows: |
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Sec. 31.006. LIMITED LIABILITY OF CERTAIN ELECTRIC |
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UTILITIES. An electric utility that complies with an instruction, |
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directive, order, regulation, or restriction regarding the |
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operation of the electric utility's transmission or distribution |
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system issued by an independent organization certified under |
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Section 39.151 or a regulatory authority is not liable for any |
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direct or consequential damages, including without limitation |
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bodily or other personal injury, emotional injury, death, property |
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damage, loss of profits, loss of revenue, or loss of production |
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capacity, caused by the electric utility's compliance with the |
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instruction, directive, order, regulation, or restriction. |
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SECTION 3. 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 NATURAL GAS FACILITIES AND ENTITIES. |
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(a) The commission shall collaborate with the Railroad Commission |
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of Texas to adopt rules to establish a process to designate certain |
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natural gas facilities and entities associated with providing |
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natural gas in this state as critical during energy emergencies. |
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(b) The rules must: |
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(1) ensure that the independent organization |
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certified under Section 39.151 for the ERCOT power region and each |
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electric utility, municipally owned utility, and electric |
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cooperative providing service in the ERCOT power region is provided |
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with the information required by Section 81.073, Natural Resources |
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Code; |
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(2) provide for prioritizing for load-shed purposes |
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during an energy emergency the facilities and entities designated |
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under Subsection (a); and |
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(3) provide discretion to an electric utility, |
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municipally owned utility, or electric cooperative providing |
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service in the ERCOT power region to prioritize power delivery and |
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power restoration among the facilities and entities designated |
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under Subsection (a) on the utility's or cooperative's systems, as |
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circumstances require. |
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SECTION 4. Section 31.006, Utilities Code, as added by this |
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Act, applies only to a cause of action that accrues on or after the |
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effective date of this Act. |
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SECTION 5. (a) The Public Utility Commission of Texas and |
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Railroad Commission of Texas shall adopt rules required by Section |
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81.073, Natural Resources Code, and Section 38.074, Utilities Code, |
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as added by this Act, not later than December 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 the implementation by the |
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Public Utility Commission of Texas of the designation and |
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prioritization requirements in this Act not later than January 1, |
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2022. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |
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