81R10380 TRH-F
 
  By: Farabee H.B. No. 3346
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the definition of a gas utility.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 121.001(a), Utilities Code, is amended
  to read as follows:
         (a)  In this chapter, "gas utility" means a person who owns,
  manages, operates, leases, or controls in this state property or
  equipment or a pipeline, plant, facility, franchise, license, or
  permit for a business that:
               (1)  transports, conveys, distributes, or delivers
  natural gas:
                     (A)  for public use or service for compensation;
                     (B)  for sale to municipalities or persons engaged
  in distributing or selling natural gas to the public, in a situation
  described by Subdivision (3);
                     (C)  for sale or delivery to a person operating
  under a franchise or contract with a political subdivision of this
  state; or
                     (D)  for sale or delivery to the public for
  domestic or other use;
               (2)  owns, operates, or manages a pipeline:
                     (A)  that is for transporting or carrying natural
  gas, whether for public hire or not; and
                     (B)  for which the right-of-way has been or is
  hereafter acquired by exercising the right of eminent domain, or by
  representing to a property owner that the person has the right to
  acquire right-of-way by the use of eminent domain; or
               (3)  produces or purchases natural gas and transports
  or causes the transportation of natural gas by a pipeline to or near
  the limits of a municipality in which the gas is received and
  distributed or sold to the public by another gas utility or by the
  municipality in a situation in which the business is the only or
  practically the only agency of supply of natural gas to the gas
  utility or municipality.
         SECTION 2.  This Act takes effect September 1, 2009.