88R14026 JCG-D
 
  By: Slaton H.B. No. 4408
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the establishment of a strategic fuel reserve program
  in this state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 418, Government Code, is amended by
  adding Subchapter K to read as follows:
  SUBCHAPTER K.  STRATEGIC FUEL RESERVE PROGRAM
         Sec. 418.351.  DEFINITIONS. In this subchapter:
               (1)  "Commission" means the Railroad Commission of
  Texas.
               (2)  "Gas" means natural gas.
               (3)  "Petroleum product" means any product derived by
  refining petroleum and intended to produce power by burning the
  product.
               (4)  "Program" means the strategic fuel reserve program
  established under this subchapter.
         Sec. 418.352.  PROGRAM ESTABLISHMENT AND PURPOSE. The
  commission shall establish a program for acquiring and maintaining
  a strategic fuel reserve of gas and petroleum products for
  distribution in this state in the event of a disaster to reduce the
  impact of disruptions in supplies of the gas and petroleum products
  in this state. 
         Sec. 418.353.  GUIDELINE FOR PROGRAM ESTABLISHMENT AND
  OPERATION. The program must be established and operated in a manner
  that substantially reduces this state's vulnerability to an energy
  emergency while considering the energy needs and infrastructure of
  each region of this state.
         Sec. 418.354.  POWERS; EXCEPTION. (a) Except as provided by
  Subsection (b), the commission may purchase, sell, and lease
  property, including gas and petroleum products, and take any other
  action reasonable and necessary to establish and operate the
  program.
         (b)  The commission may not distribute gas or petroleum
  products maintained as part of the strategic fuel reserve unless
  the governor declares a state of disaster and directs the
  distribution or determines that a disaster has occurred in another
  state and that state is in need of gas or petroleum products.
         (c)  The governor may direct the distribution of not more
  than 30 percent of the gas or petroleum products in the strategic
  fuel reserve to another state under Subsection (b).
         Sec. 418.355.  MINIMUM REQUIREMENTS. The strategic fuel
  reserve established under this subchapter must have the capacity to
  hold at least the amount of gas and petroleum products needed to
  provide fuel and power for this state for a period of at least 30
  days in the event of a disaster that would likely disrupt the
  regular distribution of gas and petroleum products throughout this
  state.  The commission shall maintain at least that amount of gas
  and petroleum products in the reserve except when gas and petroleum
  products are being distributed in response to a disaster and for a
  reasonable time needed to replenish the reserve after a disaster.
         Sec. 418.356.  RULEMAKING. The commission, in consultation
  with the governor, shall adopt rules as necessary to implement this
  subchapter, including rules governing the distribution of gas or
  petroleum products maintained as part of the strategic fuel reserve
  in the event of a disaster.
         SECTION 2.  (a)  As soon as practicable after the effective
  date of this Act, the Railroad Commission of Texas shall adopt any
  rules necessary to implement Subchapter K, Chapter 418, Government
  Code, as added by this Act.
         (b)  After the strategic fuel reserve program described by
  Section 418.352, Government Code, as added by this Act, is
  established, the Texas Division of Emergency Management shall
  revise the state emergency management plan described by Section
  418.042, Government Code, and the state emergency management plan
  annex described by Section 418.0425, Government Code, to account
  for the establishment and operation of a strategic fuel reserve
  program under Section 1 of this Act.
         SECTION 3.  This Act takes effect September 1, 2023.