88R10664 JXC-F     By: Miles S.B. No. 2129       A BILL TO BE ENTITLED   AN ACT   relating to the establishment of an independent market monitor for   the natural gas market by the Railroad Commission of Texas.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter C, Chapter 81, Natural Resources   Code, is amended by adding Section 81.0615 to read as follows:          Sec. 81.0615.  NATURAL GAS INDEPENDENT MARKET MONITOR. (a)   The commission shall contract with an entity to act as an   independent market monitor to detect and prevent market   manipulation strategies in and recommend measures to enhance the   efficiency of the natural gas market.          (b)  The commission shall provide to the personnel of the   market monitor support and cooperation the commission determines is   necessary for the market monitor to perform the market monitor's   functions.          (c)  A person who produces, processes, or transports natural   gas shall cooperate with the personnel of the market monitor in a   manner the commission determines is necessary for the market   monitor to perform the market monitor's functions.          (d)  The commission is responsible for ensuring that the   market monitor has the resources, expertise, and authority   necessary to monitor the natural gas market in this state   effectively and shall adopt rules and perform oversight of the   market monitor as necessary. The market monitor shall operate   under the supervision and oversight of the commission.          (e)  The commission retains all enforcement authority   conferred under this title and Title 3, Utilities Code, and this   section may not be construed to confer enforcement authority on the   market monitor or to authorize the commission to delegate the   commission's enforcement authority to the market monitor. The   commission by rule shall define:                (1)  the market monitor's monitoring responsibilities,   including reporting obligations and limitations;                (2)  the standards for funding the market monitor,   including staffing requirements;                (3)  qualifications for personnel of the market   monitor; and                (4)  ethical standards for the market monitor and the   personnel of the market monitor.          (f)  In adopting rules governing the standards for funding   the market monitor, the commission shall ensure that rules   governing ethical standards include provisions designed to ensure   that the personnel of the market monitor are professionally and   financially independent from participants in the natural gas   market. The commission shall develop and implement policies that   clearly separate the policy-making responsibilities of the   commission and the monitoring, analysis, and reporting   responsibilities of the market monitor.  The commission shall   establish an advisory committee that includes producers,   processors, and transporters of natural gas and consult with the   advisory committee on how money is or should be spent for monitoring   functions.          (g)  The market monitor immediately shall report directly to   the commission any potential market manipulations and any   discovered or potential violations of commission rules.          (h)  The personnel of the market monitor may communicate with   commission staff on any matter without restriction.          (i)  The market monitor annually shall submit to the   commission a report that identifies market flaws and recommends   methods to correct the flaws. The commission shall review the   report and evaluate whether changes to rules of the commission   should be made.          SECTION 2.  This Act takes effect September 1, 2023.