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