By: Schwertner, Zaffirini  S.B. No. 1872          (In the Senate - Filed March 8, 2023; March 20, 2023, read   first time and referred to Committee on Business & Commerce;   May 1, 2023, reported adversely, with favorable Committee   Substitute by the following vote:  Yeas 10, Nays 1; May 1, 2023,   sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR S.B. No. 1872 By:  Schwertner     A BILL TO BE ENTITLED   AN ACT     relating to certain contracts for the sale, transportation, or   gathering of natural gas.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 81.060, Natural Resources Code, is   amended by adding Subsections (c) and (d) to read as follows:          (c)  A confidentiality provision may not be required in a   contract between the owner or operator of a pipeline and a shipper   for the sale, transportation, or gathering of natural gas that is   entered into on or after September 1, 2023, unless the inclusion of   the confidentiality provision is requested in writing by one of the   parties to the contract before the execution of the contract.          (d)  A confidentiality provision in a contract between the   owner or operator of a pipeline and a shipper for the sale,   transportation, or gathering of natural gas that was entered into   before September 1, 2023, becomes unenforceable on the date the   term of the contract expires, unless the continuation of the   confidentiality provision is requested in writing by one of the   parties to the contract before the date the term of the contract   expires.          SECTION 2.  Subchapter C, Chapter 86, Natural Resources   Code, is amended by adding Section 86.045 to read as follows:          Sec. 86.045.  INVESTIGATION OF USE OF FORCE MAJEURE. (a)     During a weather emergency, a purchaser of natural gas that   receives a notice from a person with which the purchaser contracted   to receive natural gas that the person can no longer make natural   gas available for delivery to the purchaser due to force majeure may   report to the commission that:                (1)  the purchaser received the notice; and                (2)  the purchaser reasonably believes that the person   sold the natural gas that would have otherwise been available for   delivery to the purchaser to a different purchaser at a higher price   than that provided in the original purchaser's contract.          (b)  On receiving the report under Subsection (a), the   commission may investigate to determine whether a person providing   natural gas service has made a sale described by Subsection (a)(2)   in a manner that violates state law.  If the commission determines   that the person has made a sale described by Subsection (a)(2) in a   manner that violates state law, the commission may notify the   attorney general.  The attorney general may initiate a suit to   recover any penalties authorized by law.          SECTION 3.  This Act takes effect September 1, 2023.     * * * * *