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AN ACT
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relating to excluding the transportation of gas to and from a |
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liquefied natural gas marine terminal from being considered a gas |
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utility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 101.003(7), Utilities Code, is amended |
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to read as follows: |
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(7) "Gas utility" includes a person or river authority |
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that owns or operates for compensation in this state equipment or |
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facilities to transmit or distribute combustible hydrocarbon |
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natural gas or synthetic natural gas for sale or resale in a manner |
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not subject to the jurisdiction of the Federal Energy Regulatory |
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Commission under the Natural Gas Act (15 U.S.C. Section 717 et |
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seq.). The term includes a lessee, trustee, or receiver of a gas |
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utility. The term does not include: |
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(A) a municipal corporation; |
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(B) a person or river authority to the extent the |
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person or river authority: |
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(i) produces, gathers, transports, or sells |
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natural gas or synthetic natural gas under Section 121.004 or |
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121.005; |
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(ii) distributes or sells liquefied |
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petroleum gas; or |
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(iii) transports, delivers, or sells |
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natural gas for fuel for irrigation wells or any other direct |
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agricultural use; |
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(C) a person to the extent the person: |
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(i) sells natural gas for use as vehicle |
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fuel; |
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(ii) sells natural gas to a person who later |
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sells the natural gas for use as vehicle fuel; or |
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(iii) owns or operates equipment or |
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facilities to sell or transport natural gas for ultimate use as |
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vehicle fuel; [or] |
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(D) a person not otherwise a gas utility who |
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furnishes gas or gas service only to itself, its employees, or its |
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tenants as an incident of employment or tenancy, if the gas or gas |
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service is not resold to or used by others; or |
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(E) a person excluded from being considered a gas |
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utility under Section 121.007. |
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SECTION 2. Subchapter A, Chapter 121, Utilities Code, is |
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amended by adding Section 121.007 to read as follows: |
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Sec. 121.007. TRANSPORTATION OF GAS TO AND FROM LIQUEFIED |
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NATURAL GAS MARINE TERMINAL EXCLUDED. (a) A person operating a |
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natural gas pipeline, a liquefied natural gas pipeline, or an |
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underground storage facility is not a gas utility if the person |
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certifies to the railroad commission that the person uses the |
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pipeline or underground storage facility solely to deliver natural |
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gas or liquefied natural gas: |
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(1) to a liquefied natural gas marine terminal; |
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(2) from a liquefied natural gas marine terminal to |
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the owner of the gas or another person on behalf of the owner of the |
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gas; or |
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(3) that is acquired or sold by the person as necessary |
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for the operation or maintenance of its facility that is excluded as |
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a gas utility under this section. |
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(b) This section does not confer the power of eminent domain |
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to a pipeline or underground storage facility excluded as a gas |
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utility under this section. |
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SECTION 3. 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, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2174 was passed by the House on April |
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19, 2007, by the following vote: Yeas 142, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2174 was passed by the Senate on May |
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23, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |