reglab/statecodes huggingface dataset:
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle A - Gas Utility Regulatory Act › Chapter 104 - Rates and Services › Subchapter I. Customer Rate Relief Bonds › Section 104.373. Repayment of Customer Rate Relief Bonds

Sec. 104.373.  REPAYMENT OF CUSTOMER RATE RELIEF BONDS.  (a)  As long as any customer rate relief bonds or related financing costs remain outstanding, uniform monthly volumetric customer rate relief charges must be paid by all current and future customers that receive service from a gas utility for which a regulatory asset determination has been made under Section 104.365.  A gas utility and its successors, assignees, or replacements shall continue to bill and collect customer rate relief charges from the gas utility's current and future customers until all customer rate relief bonds and financing costs are paid in full.
(b)  The authority shall report to the railroad commission the amount of the outstanding customer rate relief bonds issued by the issuing financing entity under this subchapter and the estimated amount of annual bond administrative expenses.
(c)  All revenue collected from the customer rate relief charges shall be remitted promptly by the applicable servicers to the issuing financing entity or the bond trustee for the customer rate relief bonds to pay bond obligations and ongoing financing costs, including bond administrative expenses, to ensure timely payment of bond obligations and financing costs.
(d)  Customer rate relief property, including customer rate relief charges, may be applied only as provided by this subchapter.
(e)  Bond obligations are payable only from sources provided for payment by this subchapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 805 (H.B. 1520), Sec. 5, eff. June 16, 2021.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle A - Gas Utility Regulatory Act › Chapter 104 - Rates and Services › Subchapter I. Customer Rate Relief Bonds › Section 104.374. Pledge of State

Sec. 104.374.  PLEDGE OF STATE.  (a)  Customer rate relief bonds issued under this subchapter and any related ancillary agreements or credit agreements are not a debt or pledge of the faith and credit of this state or a state agency or political subdivision of this state.  A customer rate relief bond, ancillary agreement, or credit agreement is payable solely from customer rate relief charges as provided by this subchapter.
(b)  Notwithstanding Subsection (a), this state, including the railroad commission and the authority, pledges for the benefit and protection of the financing parties and the gas utility that this state will not take or permit any action that would impair the value of customer rate relief property, or, except as permitted by Section 104.370, reduce, alter, or impair the customer rate relief charges to be imposed, collected, and remitted to financing parties until the principal, interest and premium, and contracts to be performed in connection with the related customer rate relief bonds and financing costs have been paid and performed in full.  Each issuing financing entity shall include this pledge in any documentation relating to customer rate relief bonds.
(c)  Before the date that is two years and one day after the date that an issuing financing entity no longer has any payment obligation with respect to customer rate relief bonds, the issuing financing entity may not wind up or dissolve the financing entity's operations, may not file a voluntary petition under federal bankruptcy law, and neither the board of the issuing financing entity nor any public official nor any organization, entity, or other person may authorize the issuing financing entity to be or to become a debtor under federal bankruptcy law during that period.  The state covenants that it will not limit or alter the denial of authority under this subsection, and the provisions of this subsection are hereby made a part of the contractual obligation that is subject to the state pledge made in this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 805 (H.B. 1520), Sec. 5, eff. June 16, 2021.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle A - Gas Utility Regulatory Act › Chapter 104 - Rates and Services › Subchapter I. Customer Rate Relief Bonds › Section 104.375. Tax Exemption

Sec. 104.375.  TAX EXEMPTION.  (a)  The sale or purchase of or revenue derived from services performed in the issuance or transfer of customer rate relief bonds issued under this subchapter is exempt from taxation by this state or a political subdivision of this state.
(b)  A gas utility's receipt of customer rate relief charges is exempt from state and local sales and use taxes and utility gross receipts taxes and assessments, and is excluded from revenue for purposes of franchise tax under Section 171.1011, Tax Code.
Added by Acts 2021, 87th Leg., R.S., Ch. 805 (H.B. 1520), Sec. 5, eff. June 16, 2021.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle A - Gas Utility Regulatory Act › Chapter 104 - Rates and Services › Subchapter I. Customer Rate Relief Bonds › Section 104.376. Recoverable Tax Expense

Sec. 104.376.  RECOVERABLE TAX EXPENSE.  A tax obligation of the gas utility arising from receipt of customer rate relief bond proceeds or from the collection or remittance of customer rate relief charges is an allowable expense under Section 104.055.
Added by Acts 2021, 87th Leg., R.S., Ch. 805 (H.B. 1520), Sec. 5, eff. June 16, 2021.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle A - Gas Utility Regulatory Act › Chapter 104 - Rates and Services › Subchapter I. Customer Rate Relief Bonds › Section 104.377. Issuing Financing Entity or Financing Party Not Public Utility

Sec. 104.377.  ISSUING FINANCING ENTITY OR FINANCING PARTY NOT PUBLIC UTILITY.  An issuing financing entity or financing party may not be considered to be a public utility or person providing natural gas service solely by virtue of the transactions described by this subchapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 805 (H.B. 1520), Sec. 5, eff. June 16, 2021.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle A - Gas Utility Regulatory Act › Chapter 104 - Rates and Services › Subchapter I. Customer Rate Relief Bonds › Section 104.378. No Personal Liability

Sec. 104.378.  NO PERSONAL LIABILITY.  A commissioner of the railroad commission, a railroad commission employee, a member of the board of directors of the authority, an employee of the authority, or a director, officer, or employee of any issuing financing entity is not personally liable for a result of an exercise of a duty or responsibility established under this subchapter.
Added by Acts 2021, 87th Leg., R.S., Ch. 805 (H.B. 1520), Sec. 5, eff. June 16, 2021.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle A - Gas Utility Regulatory Act › Chapter 104 - Rates and Services › Subchapter I. Customer Rate Relief Bonds › Section 104.380. Severability

Sec. 104.380.  SEVERABILITY.  After the date customer rate relief bonds are issued under this subchapter, if any provision in this title or portion of this title or related provisions in Title 9, Government Code, are held to be invalid or are invalidated, superseded, replaced, repealed, or expire for any reason, that occurrence does not affect the validity or continuation of this subchapter or any other provision of this title or related provisions in Title 9, Government Code, that are relevant to the issuance, administration, payment, retirement, or refunding of customer rate relief bonds or to any actions of a gas utility, its successors, an assignee, a collection agent, or a financing party, which shall remain in full force and effect.
Added by Acts 2021, 87th Leg., R.S., Ch. 805 (H.B. 1520), Sec. 5, eff. June 16, 2021.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle A - Gas Utility Regulatory Act › Chapter 104 - Rates and Services › Subchapter J. Natural Gas Energy Conservation Programs › Section 104.401. Definitions

Sec. 104.401.  DEFINITIONS.  In this subchapter:
(1)  "Energy conservation program" means a program that promotes energy conservation or energy efficiency.
(2)  "Local distribution company" means a gas utility that operates a retail gas distribution system.
Added by Acts 2023, 88th Leg., R.S., Ch. 710 (H.B. 2263), Sec. 1, eff. June 12, 2023.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle A - Gas Utility Regulatory Act › Chapter 104 - Rates and Services › Subchapter J. Natural Gas Energy Conservation Programs › Section 104.402. Energy Conservation Program Authority

Sec. 104.402.  ENERGY CONSERVATION PROGRAM AUTHORITY.  (a)  A local distribution company may offer to customers and prospective customers and provide to customers an energy conservation program in the manner provided by this subchapter.
(b)  The railroad commission has exclusive original jurisdiction over energy conservation programs implemented by local distribution companies.
(c)  A political subdivision served by a local distribution company that implements an energy conservation program approved by the railroad commission under this subchapter may not limit, restrict, or otherwise prevent an eligible customer from participating in the energy conservation program based on the type or source of energy delivered to the customer.
Added by Acts 2023, 88th Leg., R.S., Ch. 710 (H.B. 2263), Sec. 1, eff. June 12, 2023.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle A - Gas Utility Regulatory Act › Chapter 105 - Judicial Review; Enforcement and Penalties › Subchapter A. Judicial Review › Section 105.001. Right to Judicial Review

Sec. 105.001.  RIGHT TO JUDICIAL REVIEW.  (a)  Any party to a proceeding before the railroad commission is entitled to judicial review under the substantial evidence rule.
(b)  The issue of confiscation is determined by a preponderance of the evidence.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle A - Gas Utility Regulatory Act › Chapter 105 - Judicial Review; Enforcement and Penalties › Subchapter A. Judicial Review › Section 105.002. Judicial Stay or Suspension

Sec. 105.002.  JUDICIAL STAY OR SUSPENSION.  While an appeal of an order, ruling, or decision of a regulatory authority is pending, the district court, court of appeals, or supreme court, as appropriate, may stay or suspend all or part of the operation of the order, ruling, or decision.  In granting or refusing a stay or suspension, the court shall act in accordance with the practice of a court exercising equity jurisdiction.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle A - Gas Utility Regulatory Act › Chapter 105 - Judicial Review; Enforcement and Penalties › Subchapter B. Enforcement and Penalties › Section 105.021. Action to Enjoin or Require Compliance

Sec. 105.021.  ACTION TO ENJOIN OR REQUIRE COMPLIANCE.  (a)  The attorney general, on the request of the railroad commission, shall apply in the name of the commission for an order under Subsection (b) if the commission determines that a gas utility or other person is:
(1)  engaging in or about to engage in an act that violates this subtitle or an order or rule of the commission entered or adopted under this subtitle;  or
(2)  failing to comply with the requirements of this subtitle or a rule or order of the commission.
(b)  A court, in an action under this section, may:
(1)  prohibit the commencement or continuation of an act that violates this subtitle or an order or rule of the commission entered or adopted under this subtitle;  or
(2)  require compliance with a provision of this subtitle or an order or rule of the commission.
(c)  The remedy under this section is in addition to any other remedy provided under this subtitle.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle A - Gas Utility Regulatory Act › Chapter 105 - Judicial Review; Enforcement and Penalties › Subchapter B. Enforcement and Penalties › Section 105.022. Contempt

Sec. 105.022.  CONTEMPT.  The railroad commission may file an action for contempt against a person who:
(1)  fails to comply with a lawful order of the commission;
(2)  fails to comply with a subpoena or subpoena duces tecum;  or
(3)  refuses to testify about a matter on which the person may be lawfully interrogated.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle A - Gas Utility Regulatory Act › Chapter 105 - Judicial Review; Enforcement and Penalties › Subchapter B. Enforcement and Penalties › Section 105.023. Civil Penalty Against Gas Utility or Affiliate

Sec. 105.023.  CIVIL PENALTY AGAINST GAS UTILITY OR AFFILIATE.  (a)  A gas utility or affiliate is subject to a civil penalty if the gas utility or affiliate knowingly violates this subtitle, fails to perform a duty imposed on it, or fails, neglects, or refuses to obey an order, rule, direction, or requirement of the railroad commission or a decree or judgment of a court.
(b)  A civil penalty under this section shall be in an amount of not less than $1,000 and not more than $5,000 for each violation.
(b-1)  Notwithstanding Subsection (b), a civil penalty under this section shall be in an amount of not less than $1,000 and not more than $1,000,000 for each violation of Section 104.258(c).
(c)  A gas utility or affiliate commits a separate violation each day it continues to violate Subsection (a).
(d)  The attorney general shall file in the name of the railroad commission a suit on the attorney general's own initiative or at the request of the commission to recover the civil penalty under this section.
(e)  The railroad commission by rule shall establish a classification system to be used by a court under this subchapter for violations of Section 104.258(c) that includes a range of penalties that may be recovered for each class of violation based on:
(1)  the seriousness of the violation, including:
(A)  the nature, circumstances, extent, and gravity of a prohibited act; and
(B)  the hazard or potential hazard created to the health, safety, or economic welfare of the public;
(2)  the history of previous violations;
(3)  the amount necessary to deter future violations;
(4)  efforts to correct the violation; and
(5)  any other matter that justice may require.
(f)  The classification system established under Subsection (e) shall provide that a penalty in an amount that exceeds $5,000 may be recovered only if the violation is included in the highest class of violations in the classification system.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 20, eff. June 8, 2021.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle A - Gas Utility Regulatory Act › Chapter 105 - Judicial Review; Enforcement and Penalties › Subchapter B. Enforcement and Penalties › Section 105.024. Offense

Sec. 105.024.  OFFENSE.  (a)  A person commits an offense if the person knowingly violates this subtitle.
(b)  An offense under this section is a felony of the third degree.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle A - Gas Utility Regulatory Act › Chapter 105 - Judicial Review; Enforcement and Penalties › Subchapter B. Enforcement and Penalties › Section 105.025. Place for Suit

Sec. 105.025.  PLACE FOR SUIT.  A suit for an injunction or a penalty under this subtitle may be brought in:
(1)  Travis County;
(2)  a county in which the violation is alleged to have occurred;  or
(3)  a county in which a defendant resides.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle A - Gas Utility Regulatory Act › Chapter 105 - Judicial Review; Enforcement and Penalties › Subchapter B. Enforcement and Penalties › Section 105.026. Penalties Cumulative

Sec. 105.026.  PENALTIES CUMULATIVE.  (a)  A penalty that accrues under this subtitle is cumulative of any other penalty.
(b)  A suit for the recovery of a penalty does not bar or affect the recovery of any other penalty or bar a criminal prosecution against any person, including a gas utility or officer, director, agent, or employee of a gas utility.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle A - Gas Utility Regulatory Act › Chapter 105 - Judicial Review; Enforcement and Penalties › Subchapter B. Enforcement and Penalties › Section 105.027. Disposition of Fines and Penalties

Sec. 105.027.  DISPOSITION OF FINES AND PENALTIES.  A fine or penalty collected under this subtitle, other than a fine or penalty collected in a criminal proceeding, shall be paid to the railroad commission.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle A - Gas Utility Regulatory Act › Chapter 105 - Judicial Review; Enforcement and Penalties › Subchapter C. Complaints › Section 105.051. Complaint by Affected Person

Sec. 105.051.  COMPLAINT BY AFFECTED PERSON.  An affected person may complain to the regulatory authority in writing setting forth an act or omission by a gas utility in violation or claimed violation of a law that the regulatory authority has jurisdiction to administer or of an order, ordinance, or rule of the regulatory authority.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter A. Gas Utility Defined › Section 121.001. Definition of Gas Utility

Sec. 121.001.  DEFINITION OF GAS UTILITY.  (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
(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.
(b)  In this subchapter, "person" means an individual, company, limited liability company, or private corporation and includes a lessee, trustee, or receiver of an individual, company, limited liability company, or private corporation.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 11, Sec. 2, eff. May 3, 1999.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter A. Gas Utility Defined › Section 121.002. Affiliate of Gas Utility Excluded

Sec. 121.002.  AFFILIATE OF GAS UTILITY EXCLUDED.  A person is not a gas utility solely because the person is an affiliate of a gas utility.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter A. Gas Utility Defined › Section 121.003. Agricultural Service Excluded

Sec. 121.003.  AGRICULTURAL SERVICE EXCLUDED.  (a)  The act or acts of transporting, delivering, selling, or otherwise making available natural gas for fuel, either directly or indirectly, to an owner of an irrigation well, or the sale, transportation, or delivery of natural gas for any other direct use in an agricultural activity, does not make a person a gas utility or make the person subject to the jurisdiction, control, and regulation of the railroad commission as a gas utility.
(b)  In order for a person furnishing natural gas to qualify for the exemption under Subsection (a), the person to whom the gas was furnished under Subsection (a) shall use the gas exclusively to pump water for farm and other agricultural purposes.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter A. Gas Utility Defined › Section 121.004. Transportation of Gas Solely for Interstate Commerce Excluded

Sec. 121.004.  TRANSPORTATION OF GAS SOLELY FOR INTERSTATE COMMERCE EXCLUDED.  Except as provided by Section 121.001(a)(2), a person is not a gas utility if the person certifies to the railroad commission that the person transports natural or synthetic gas, for sale, for hire, or otherwise, solely in, or in the vicinity of, the field or fields where the gas is produced, to another person for transportation or sale in interstate commerce.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter A. Gas Utility Defined › Section 121.005. Transportation of Gas in Vicinity of Place of Production Excluded

Sec. 121.005.  TRANSPORTATION OF GAS IN VICINITY OF PLACE OF PRODUCTION EXCLUDED.  (a)  Except as provided by Section 121.001(a)(2), a person is not a gas utility if the person certifies to the railroad commission that the person transports natural or synthetic gas, for sale, for hire, or otherwise, solely:
(1)  in, or in the vicinity of, the field or fields where the gas is produced to a gas processing plant or treating facility;
(2)  from the outlet of a gas processing plant or treating facility described by Subdivision (1) to a person:
(A)  at, or in the vicinity of, the plant or treating facility;  or
(B)  described by Subdivision (3) or Section 121.004;  or
(3)  to another person in, or in the vicinity of, the field or fields where the gas is produced for transportation or sale in intrastate commerce.
(b)  A person is not a gas utility because the person delivers or sells gas:
(1)  for lease use, compressor fuel, processing plant fuel, or a similar use;
(2)  under a lease or right-of-way agreement;
(3)  in, or in the vicinity of, the field where the gas is produced;  or
(4)  at a processing plant outlet.
(c)  Subsection (b) does not exclude as a gas utility a pipeline that:
(1)  transmits or distributes to end users of gas, other than:
(A)  those described by Subsection (b);  or
(B)  a person who qualifies for the exemption provided by Section 121.003;  or
(2)  makes city-gate deliveries for local distribution.
(d)  The railroad commission may review a certification made by a person under Subsection (a).  The railroad commission shall invite a person whose certification is being reviewed to an informal meeting to resolve the person's status under this subsection. If the person's status remains unresolved after the informal meeting and there is sufficient reason to move forward, the railroad commission shall provide notice and an opportunity for a hearing. After notice and an opportunity for a hearing, the railroad commission may determine whether the person is eligible for an exemption under this subsection.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 406 (H.B. 1883), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter A. Gas Utility Defined › Section 121.006. Vehicle Fuel Excluded

Sec. 121.006.  VEHICLE FUEL EXCLUDED.  A person is not a gas utility to the extent that the person:
(1)  sells natural gas for use as vehicle fuel;
(2)  sells natural gas to a person who later sells the natural gas for use as vehicle fuel;  or
(3)  owns or operates equipment or facilities to sell or transport the natural gas for ultimate use as vehicle fuel.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter A. Gas Utility Defined › Section 121.007. Transportation of Gas to and From Liquefied Natural Gas Marine Terminal Excluded

Sec. 121.007.  TRANSPORTATION OF GAS TO AND FROM LIQUEFIED NATURAL GAS MARINE TERMINAL EXCLUDED.  (a)  A person who owns or operates 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 solely to deliver natural gas or liquefied natural gas or the constituents of 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;
(3)  that is acquired, liquefied, or sold by the person as necessary for the operation or maintenance of its facility that is excluded as a gas utility under this section; or
(4)  that has been stored for export.
(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.
(c)  This section does not create an exception to the applicability of a pipeline safety requirement provided under this chapter or a penalty for a violation of such a requirement.
Added by Acts 2007, 80th Leg., R.S., Ch. 709 (H.B. 2174), Sec. 2, eff. June 15, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 406 (H.B. 1883), Sec. 2, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 556 (S.B. 1826), Sec. 1, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 104 (S.B. 900), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter A. Gas Utility Defined › Section 121.008. Certain Storage Facilities Owned by Electric Cooperatives Excluded

Sec. 121.008.  CERTAIN STORAGE FACILITIES OWNED BY ELECTRIC COOPERATIVES EXCLUDED.  An electric cooperative, as that term is defined by Section 11.003, or its subsidiary, that sells electricity at wholesale is not a gas utility or subject to regulation as a gas utility solely because it provides gas storage services for hire if the gas storage facility is predominantly operated to support the integration of renewable resources.  Such a gas storage facility may not have a working gas capacity of greater than five billion cubic feet.
Added by Acts 2011, 82nd Leg., R.S., Ch. 4 (S.B. 312), Sec. 2, eff. April 21, 2011.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter B. Public Policy › Section 121.051. Gas Utility: Public Interest and Jurisdiction of Railroad Commission

Sec. 121.051.  GAS UTILITY:  PUBLIC INTEREST AND JURISDICTION OF RAILROAD COMMISSION.  (a)  A gas utility, including a business described by Section 121.001(a)(3), is affected with a public interest.
(b)  A business described by Section 121.001(a)(3) is a virtual monopoly.
(c)  A business described by Section 121.001(a)(3) and the property of the business used in this state is subject to the jurisdiction, control, and regulation of the railroad commission as provided by this chapter.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter B. Public Policy › Section 121.052. Pipelines: Monopolies Subject to Railroad Commission

Sec. 121.052.  PIPELINES:  MONOPOLIES SUBJECT TO RAILROAD COMMISSION.  (a)  The operation of a pipeline for buying, selling, transporting, producing, or otherwise dealing in natural gas is a business which in its nature and according to the established method of conducting the business is a monopoly.
(b)  A business described by this section may not be conducted unless the gas pipeline used in connection with the business is subject to the jurisdiction conferred by this chapter on the railroad commission.
(c)  The attorney general shall enforce this section by injunction or other remedy.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter C. Duties of Gas Utilities and Pipelines › Section 121.101. Maintenance of Office and Records in This State

Sec. 121.101.  MAINTENANCE OF OFFICE AND RECORDS IN THIS STATE.  (a)  A gas utility shall maintain an office in this state in a county in which some part of the gas utility's property is located.  The gas utility shall keep in this office all books, accounts, papers, records, vouchers, and receipts that the railroad commission requires.
(b)  A book, account, paper, record, receipt, voucher, or other item of information required by the railroad commission to be kept in this state may not be removed from this state except as prescribed by the railroad commission.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter C. Duties of Gas Utilities and Pipelines › Section 121.102. Operator's Report

Sec. 121.102.  OPERATOR'S REPORT.  The railroad commission may require a person or corporation that owns, controls, or operates a pipeline subject to this chapter to make to the commission a sworn report of any matter relating to the business of the person or corporation that the commission determines to be pertinent, including:
(1)  the total quantity of gas distributed by the pipelines;
(2)  the total quantity of gas held in storage;
(3)  the source of supply of gas;
(4)  the number of wells from which the person or corporation draws its supply;
(5)  the amount of pipeline pressure maintained;  and
(6)  the amount and character and description of the equipment used.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter C. Duties of Gas Utilities and Pipelines › Section 121.103. Duty to Serve Certain Users Extinguished

Sec. 121.103.  DUTY TO SERVE CERTAIN USERS EXTINGUISHED.  (a)  A gas utility that provides gas to a customer does not have an obligation to serve the customer or to maintain the gas supply or physical capacity to serve the customer if the customer:
(1)  is a transportation, industrial, commercial, or other similar large-volume contract customer;
(2)  is an end-use customer of the gas utility;
(3)  reduces or ceases the purchase of natural gas or natural gas service from the gas utility;  and
(4)  purchases natural gas or natural gas service from another supplier or purchases an alternate form of energy.
(b)  Subsection (a) does not apply to the extent that:
(1)  the customer continues to purchase natural gas or natural gas service of any class from the gas utility;  or
(2)  the gas utility has a written contract to provide natural gas or natural gas service of any class to the customer.
(c)  This section does not prevent the railroad commission from requiring a gas utility to comply with an order of the railroad commission in apportioning gas under a curtailment plan and order.
(d)  Notwithstanding Subsection (a), a gas utility that has provided gas to a commercial customer is obligated to serve that customer if the gas utility has a sufficient gas supply and physical capacity to do so without reducing service to its other customers.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1233, Sec. 69, eff. Sept. 1, 2001.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter C. Duties of Gas Utilities and Pipelines › Section 121.104. Discrimination in Service and Charges Prohibited

Sec. 121.104.  DISCRIMINATION IN SERVICE AND CHARGES PROHIBITED.  (a)  A pipeline gas utility may not:
(1)  discriminate in favor of or against any person or place in:
(A)  apportioning the supply of natural gas;  or
(B)  charging for natural gas;  or
(2)  directly or indirectly charge, demand, collect, or receive from anyone a greater or lesser compensation for a service provided than the compensation charged, demanded, or received from another for a similar and contemporaneous service.
(b)  This section does not limit the right of the railroad commission to prescribe:
(1)  different rates and rules for the use of natural gas for manufacturing and similar purposes;  or
(2)  rates and rules for service from or to other or different places.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter D. Regulation by Railroad Commission › Section 121.151. Railroad Commission Regulation of Gas Pipelines

Sec. 121.151.  RAILROAD COMMISSION REGULATION OF GAS PIPELINES.  The railroad commission shall:
(1)  establish and enforce the adequate and reasonable price of gas and fair and reasonable rates of charges and rules for transporting, producing, distributing, buying, selling, and delivering gas by pipelines subject to this chapter in this state;
(2)  establish fair and equitable rules for the full control and supervision of the pipelines subject to this chapter and all their holdings pertaining to the gas business in all their relations to the public, as the railroad commission determines to be proper;
(3)  establish a fair and equitable division of the proceeds of the sale of gas between the companies transporting or producing the gas and the companies distributing or selling it;
(4)  prescribe and enforce rules for the government and control of pipelines subject to this chapter in respect to their pipelines and producing, receiving, transporting, and distributing facilities;
(5)  regulate and apportion the supply of gas between municipalities and between municipalities and corporations;  and
(6)  prescribe fair and reasonable rules requiring pipelines subject to this chapter to augment their supply of gas, when:
(A)  the supply of gas controlled by any gas pipeline is inadequate;  and
(B)  the railroad commission determines that augmentation is practicable.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter D. Regulation by Railroad Commission › Section 121.152. Initiation of Regulatory Proceeding

Sec. 121.152.  INITIATION OF REGULATORY PROCEEDING.  The railroad commission shall exercise power under Section 121.151:
(1)  on:
(A)  its own motion;
(B)  the petition of a person or county commissioner's precinct showing a substantial interest in the subject;
(C)  the petition of the attorney general;  or
(D)  the petition of a district or county attorney of a county in which any portion of a business subject to this chapter is conducted;  and
(2)  after notice has been given.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter D. Regulation by Railroad Commission › Section 121.153. Railroad Commission Review of Gas Pipeline Orders and Agreements

Sec. 121.153.  RAILROAD COMMISSION REVIEW OF GAS PIPELINE ORDERS AND AGREEMENTS.  The railroad commission, after notice to a person or corporation owning, controlling, or operating a pipeline subject to this chapter and after a hearing, may review, revise, and regulate an order or agreement that is made by the person or corporation and establishes a price, rate, rule, regulation, or condition of service.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter D. Regulation by Railroad Commission › Section 121.154. Refund of Excess Charges

Sec. 121.154.  REFUND OF EXCESS CHARGES.  (a)  On a complaint against a person or corporation owning or operating a pipeline business subject to this chapter filed by any person authorized by Section 121.152 to file a petition and complaint and sustained in whole or in part by the railroad commission, each customer of the pipeline is entitled to reparation for or reimbursement of a rate or charge made or adopted by the pipeline for a purpose relating to the operation of that business, including a rate or charge for gas, service, or meter rental, or in the event of an inadequate supply of gas or inadequate service in any respect.
(b)  The amount recoverable under Subsection (a) is the amount paid after the filing of the complaint in excess of the proper rate or charge of the pipeline as finally determined by the railroad commission.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter D. Regulation by Railroad Commission › Section 121.155. Rate Reduction or Determination by Municipality and Appeal

Sec. 121.155.  RATE REDUCTION OR DETERMINATION BY MUNICIPALITY AND APPEAL.  A gas utility the rates of which have been reduced by a municipality may appeal the municipal order, decision, regulation, or ordinance to the railroad commission.  The appeal is initiated by filing with the railroad commission in the manner and on the conditions that the railroad commission may direct a petition for review and a bond.  The appeal is de novo.  The railroad commission shall set a hearing and may make any order or decision in relation to the matter appealed that the commission considers just and reasonable.  To change a rate, rental, or charge, a gas utility that is a local distributing company or concern and the rates of which have been established by a municipality must submit an application to the municipality in which the utility is located.  The municipality shall make a determination on an application not later than the 60th day after the date the application is filed.  If the municipality rejects the application or fails or refuses to act on the application on or before the deadline prescribed by this section, the gas utility may appeal to the railroad commission as provided by this section.  The railroad commission shall make a determination on the appeal not later than the 60th day after the date the appeal is filed unless the gas utility agrees in writing to a longer period.  The rates established by the municipality remain in effect until changed by the railroad commission.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter D. Regulation by Railroad Commission › Section 121.157. Railroad Commission Employees

Sec. 121.157.  RAILROAD COMMISSION EMPLOYEES.  (a)  The railroad commission may employ or appoint persons as necessary to:
(1)  inspect and audit records or receipts, disbursements, vouchers, prices, payrolls, time cards, and books;
(2)  inspect the property and records of a gas utility subject to this chapter;  and
(3)  perform other services as directed by, or under the authority of, the railroad commission.
(b)  The railroad commission shall set the amount of compensation for persons employed by the railroad commission.
(c)  The chief supervisor of the oil and gas division of the railroad commission shall assist the railroad commission in the performance of the railroad commission's duties under this chapter, as directed by, and under the rules of, the railroad commission.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter D. Regulation by Railroad Commission › Section 121.158. Payment From the General Revenue Fund

Sec. 121.158.  PAYMENT FROM THE GENERAL REVENUE FUND.  All expenses, including witness fees and mileage, employee wages and fees, and the salary and expenses of the chief supervisor of the oil and gas division of the railroad commission incurred by or under authority of the railroad commission or a railroad commissioner in administering and enforcing, or exercising a power under, this chapter shall be paid from the general revenue fund.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter E. Pipeline Safety › Section 121.202. Municipal and County Authority

Sec. 121.202.  MUNICIPAL AND COUNTY AUTHORITY.  (a)  A municipality or a county may not adopt or enforce an ordinance that establishes a safety standard or practice applicable to a facility that is regulated under this subchapter, another state law, or a federal law.
(b)  Except as provided by Subsection (a) and by Section 121.2025, this subchapter does not reduce, limit, or impair:
(1)  a power vested by law in:
(A)  a county in relation to a county road; or
(B)  a municipality; or
(2)  the ability of a municipality to:
(A)  adopt an ordinance that establishes conditions for mapping, inventorying, locating, or relocating pipelines over, under, along, or across a public street or alley or private residential area in the boundaries of the municipality; or
(B)  establish conditions for mapping or taking an inventory in an area in a municipality's extraterritorial jurisdiction.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 530 (H.B. 951), Sec. 5, eff. June 17, 2005.
Acts 2005, 79th Leg., Ch. 720 (S.B. 480), Sec. 3, eff. September 1, 2005.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter E. Pipeline Safety › Section 121.203. Enforcement: Injunction

Sec. 121.203.  ENFORCEMENT:  INJUNCTION.  The attorney general, on behalf of the railroad commission, is entitled to injunctive relief to restrain a violation of a safety standard adopted under this subchapter, including an injunction that restrains the transportation of gas or the operation of a pipeline facility.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter E. Pipeline Safety › Section 121.204. Civil Penalty

Sec. 121.204.  CIVIL PENALTY.  Each day of each violation of a safety standard adopted under this subchapter is subject to a civil penalty of not more than $200,000, except that the maximum penalty that may be assessed for any related series of violations may not exceed $2 million.  The penalty is payable to the state.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 104 (S.B. 900), Sec. 6, eff. September 1, 2013.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter E. Pipeline Safety › Section 121.205. Settlement by Attorney General

Sec. 121.205.  SETTLEMENT BY ATTORNEY GENERAL.  A civil penalty under Section 121.204 may be compromised by the attorney general who in determining a compromise shall consider:
(1)  the appropriateness of the penalty in relation to the size of the business of the person charged;
(2)  the gravity of the violation;  and
(3)  the good faith of the person charged in attempting to achieve compliance after notification of the violation.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Utilities Code › Title 3 - Gas Regulation › Subtitle B - Regulation of Transportation and Use › Chapter 121 - Gas Pipelines › Subchapter E. Pipeline Safety › Section 121.206. Administrative Penalty for Violation of Pipeline Safety Standard or Rule

Sec. 121.206.  ADMINISTRATIVE PENALTY FOR VIOLATION OF PIPELINE SAFETY STANDARD OR RULE.  (a)  The railroad commission may assess an administrative penalty against a person who violates Section 121.201 or a safety standard or other rule prescribed or adopted under this subchapter.
(b)  The penalty for each violation may not exceed $200,000.  Each day a violation continues may be considered a separate violation for the purpose of penalty assessment, provided that the maximum penalty that may be assessed for any related series of violations may not exceed $2 million.
(b-1)  Notwithstanding Subsection (b), the penalty for each violation may not exceed $1,000,000 for a violation of a rule adopted under Section 121.2015(a)(3).  Each day a violation continues may be considered a separate violation for the purpose of penalty assessment.
(c)  In determining the amount of the penalty, the railroad commission shall consider the guidelines adopted under Subsection (d).
(d)  The railroad commission by rule shall adopt guidelines to be used in determining the amount of a penalty under this subchapter.  The guidelines shall include a penalty calculation worksheet that specifies the typical penalty for certain violations, circumstances justifying enhancement of a penalty and the amount of the enhancement, and circumstances justifying a reduction in a penalty and the amount of the reduction.  The guidelines shall take into account:
(1)  the person's history of previous violations of Section 121.201 or a safety standard or other rule prescribed or adopted under this subchapter, including the number of previous violations;
(2)  the seriousness of the violation and of any pollution resulting from the violation;
(3)  any hazard to the health or safety of the public;
(4)  the degree of culpability;
(5)  the demonstrated good faith of the person charged; and
(6)  any other factor the commission considers relevant.
(e)  The guidelines must provide that a penalty in an amount that exceeds $5,000 for a violation of a rule adopted under Section 121.2015(a)(3) may be assessed only if circumstances justify the enhancement of the penalty.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 18.13(b), eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 1233, Sec. 71, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 267 (H.B. 2161), Sec. 14, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 104 (S.B. 900), Sec. 7, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 363 (H.B. 866), Sec. 1, eff. June 2, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1048 (H.B. 864), Sec. 1, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 22, eff. June 8, 2021.