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A BILL TO BE ENTITLED
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AN ACT
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relating to the definition of a gas utility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 121.001(a), Utilities Code, is amended |
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to read as follows: |
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(a) In this chapter, "gas utility" means a person who owns, |
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manages, operates, leases, or controls in this state property or |
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equipment or a pipeline, plant, facility, franchise, license, or |
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permit for a business that: |
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(1) transports, conveys, distributes, or delivers |
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natural gas: |
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(A) for public use or service for compensation; |
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(B) for sale to municipalities or persons engaged |
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in distributing or selling natural gas to the public, in a situation |
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described by Subdivision (3); |
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(C) for sale or delivery to a person operating |
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under a franchise or contract with a political subdivision of this |
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state; or |
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(D) for sale or delivery to the public for |
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domestic or other use; |
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(2) owns, operates, or manages a pipeline: |
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(A) that is for transporting or carrying natural |
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gas, whether for public hire or not; and |
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(B) for which the right-of-way has been or is |
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hereafter acquired by exercising the right of eminent domain, or by |
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representing to a property owner that the person has the right to |
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acquire right-of-way by the use of eminent domain; or |
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(3) produces or purchases natural gas and transports |
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or causes the transportation of natural gas by a pipeline to or near |
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the limits of a municipality in which the gas is received and |
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distributed or sold to the public by another gas utility or by the |
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municipality in a situation in which the business is the only or |
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practically the only agency of supply of natural gas to the gas |
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utility or municipality. |
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SECTION 2. This Act takes effect September 1, 2009. |