By: Darby H.B. No. 2847
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the jurisdiction of the Railroad Commission of Texas
  over and a study of the upstream production, pipeline
  transportation, and storage of hydrogen.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 81.051(a), Natural Resources Code, is
  amended to read as follows:
         (a)  The commission has jurisdiction over all:
               (1)  common carrier pipelines defined in Section
  111.002 of this code in Texas;
               (2)  oil and gas wells in Texas;
               (3)  persons owning or operating pipelines in Texas;
  [and]
               (4)  persons owning or engaged in drilling or operating
  oil or gas wells in Texas; and
               (5)  pipeline transportation and underground storage
  of hydrogen.
         SECTION 2.  Subchapter C, Chapter 81, Natural Resources
  Code, is amended by adding Section 81.075 to read as follows:
         Sec. 81.075.  TEXAS HYDROGEN PRODUCTION POLICY COUNCIL. (a)
  In this section, "council" means the Texas hydrogen production
  policy council.
         (b)  The Texas hydrogen production policy council is
  established within the commission to study and make recommendations
  relating to the commission's policy framework for hydrogen energy
  development.
         (c)  The council is composed of:
               (1)  the commissioners; and
               (2)  nine members appointed by the commission to
  represent as many different types of participants as possible,
  including at least three representatives from the hydrogen
  industry.
         (d)  A member of the council is not entitled to compensation
  or reimbursement of expenses for service on the council.
         (e)  The council:
               (1)  shall study the development of hydrogen industries
  in this state, including the development of upstream facilities for
  the production, pipeline transportation, and storage of hydrogen;
               (2)  shall monitor regional efforts for the application
  and development of a regional clean hydrogen hub authorized under
  the Infrastructure Investment and Jobs Act (Pub. L. No. 117-58) or
  another federal act;
               (3)  may coordinate actions with other state agencies
  in supporting an application for a regional clean hydrogen hub
  described by Subdivision (2); and
               (4)  shall develop a state plan for hydrogen production
  oversight and regulation by the commission.
         (f)  The council may make recommendations relating to:
               (1)  commission rules needed for the oversight and
  regulation of upstream production, pipeline transportation, and
  storage of hydrogen; and
               (2)  changes in statute needed to clarify the
  commission's jurisdiction over upstream production, pipeline
  transportation, and storage of hydrogen.
         (g)  The council is abolished and this section expires on
  January 1, 2030.
         SECTION 3.  This Act takes effect September 1, 2023.