| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to excluding the transportation of gas to and from a |
|
|
liquefied natural gas marine terminal from being considered a gas |
|
|
utility. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 101.003(7), 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; [or] |
|
|
(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; or |
|
|
(E) a person excluded from being considered a gas |
|
|
utility under Section 121.007. |
|
|
SECTION 2. Subchapter A, Chapter 121, Utilities Code, is |
|
|
amended by adding Section 121.007 to read as follows: |
|
|
Sec. 121.007. TRANSPORTATION OF GAS TO AND FROM LIQUEFIED |
|
|
NATURAL GAS MARINE TERMINAL EXCLUDED. (a) A person operating a |
|
|
natural gas pipeline, a liquefied natural gas pipeline, or an |
|
|
underground storage facility is not a gas utility if the person |
|
|
certifies to the railroad commission that the person uses the |
|
|
pipeline or underground storage facility to deliver natural gas or |
|
|
liquefied natural gas: |
|
|
(1) to a liquefied natural gas marine terminal; |
|
|
(2) from a liquefied natural gas marine terminal to |
|
|
the owner of the gas or another person on behalf of the owner of the |
|
|
gas; or |
|
|
(3) that is acquired or sold by the person in |
|
|
connection with the operation or maintenance of its facility that |
|
|
is excluded as a gas utility under this section. |
|
|
(b) This section does not confer the power of eminent domain |
|
|
to a pipeline or underground storage facility excluded as a gas |
|
|
utility under this section. |
|
|
SECTION 3. 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, 2007. |