By: Hancock S.B. No. 1749               A BILL TO BE ENTITLED   AN ACT   relating to the eligibility and designation of certain gas entities   and gas facilities as critical during an energy emergency.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter D, Chapter 38, Utilities Code, is   amended by adding Section 38.074 to read as follows:          Sec. 38.074.  CRITICAL GAS ENTITIES AND FACILITIES DURING AN   ENERGY EMERGENCY. (a) The commission shall work with the Railroad   Commission of Texas and adopt rules to designate certain gas   entities and facilities as critical during an energy emergency.          (b)  At a minimum, the commission's rules shall:                (1)  ensure that transmission and distribution   utilities, municipally owned utilities, electric cooperatives, and   ERCOT are provided with the designations as required by Section   81.073, Natural Resources Code;                (2)  provide for a prioritization for load-shed   purposes of the entities and facilities designated under Subsection   (a) during an energy emergency; and                 (3)  provide discretion to transmission and   distribution utilities, municipally owned utilities, and electric   cooperatives to prioritize power delivery and power restoration   among the customers on their respective systems, as circumstances   require.          SECTION 2.  Chapter 81, Natural Resources Code, is amended   by adding Section 81.073 to read as follows:          Sec. 81.073.  CRITICAL GAS ENTITIES AND FACILITIES DURING AN   ENERGY EMERGENCY. (a) The commission shall work with the Public   Utility Commission of Texas to designate certain gas entities and   facilities as critical during an energy emergency.          (b)  At a minimum, the commission's rules shall:                (1)  determine eligibility and designation   requirements for persons owning, operating, or engaging in the   activities set forth in Section 81.051 to provide critical customer   designation and critical gas supply information, as defined by the   commission, to transmission and distribution utilities,   municipally owned utilities, electric cooperatives, and ERCOT, as   those terms are defined by Section 31.002, Utilities Code; and                (2)  consider essential operational elements when   defining critical customer designations and critical gas supply   information, including natural gas production, processing,   transportation, and the delivery of natural gas to generators.          SECTION 3.  (a) The Public Utility Commission of Texas and   Railroad Commission of Texas shall adopt rules, as added by this   Act, not later than September 1, 2021.          (b)  The Public Utility Commission of Texas shall provide a   report to the legislature regarding its implementation of the   designation and prioritization requirements, as added by the Act,   not later than January 1, 2022.          SECTION 4.  EFFECTIVE DATE. This Act takes effect   immediately if it receives a vote of two-thirds of all the members   elected to each house, as provided by Section 39, Article III, Texas   Constitution. If this Act does not receive the vote necessary for   immediate effect, this Act takes effect September 1, 2021.