89R22479 ANG-F     By: Guillen, Morales of Maverick H.B. No. 5224     Substitute the following for H.B. No. 5224:     By:  Darby C.S.H.B. No. 5224       A BILL TO BE ENTITLED   AN ACT   relating to the designation of certain natural gas facilities as   seasonally critical.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 81.073, Natural Resources Code, is   amended by amending Subsection (b) and adding Subsections (c) and   (d) to read as follows:          (b)  The rules must:                (1)  establish criteria for designating persons who own   or operate a facility under the jurisdiction of the commission   under Section 81.051(a) or engage in an activity under the   jurisdiction of the commission under Section 81.051(a) who must   provide critical customer and critical gas supply information, as   defined by the commission, to the entities described by Section   38.074(b)(1), Utilities Code;                (2)  consider essential operational elements when   defining critical customer designations and critical gas supply   information for the purposes of Subdivision (1), including natural   gas production, processing, and transportation, related produced   water handling and disposal facilities, and the delivery of natural   gas to generators of electric energy; [and]                (3)  require that only facilities and entities that are   prepared to operate during a weather emergency may be designated as   a critical customer under this section; and                (4)  establish criteria for a facility operating under   the jurisdiction of the commission that has been designated as a   critical customer under this section to be designated as a seasonal   critical customer.          (c)  For the purposes of Subsection (b)(4), the commission   shall establish:                (1)  standards for determining the seasons during which   a facility may be designated as a seasonal critical customer,   including the beginning and end dates for each season; and                (2)  a process to allow a person who owns or operates a   facility to apply to the commission to be designated as a seasonal   critical customer, including allowing an owner or operator to apply   for a seasonal designation as part of a critical infrastructure   designation application.          (d)  The commission shall annually provide a list of   facilities designated as seasonal critical customers under   Subsection (b)(4) to the Public Utility Commission of Texas. The   Public Utility Commission of Texas shall provide each updated list   to the independent organization certified under Section 39.151,   Utilities Code, for the ERCOT power region.          SECTION 2.  (a) Not later than February 1, 2026, the Railroad   Commission of Texas shall adopt rules as necessary to establish   criteria in accordance with Section 81.073(b)(4), Natural   Resources Code, as added by this Act.          (b)  Not later than February 1, 2026, the Public Utility   Commission of Texas shall adopt rules as necessary to allow the   independent organization certified under Section 39.151, Utilities   Code, for the ERCOT power region to competitively procure demand   reductions from a facility that has been designated as a seasonal   critical customer under Section 81.073, Natural Resources Code, as   amended by this Act, during the season in which the facility has   been designated as a seasonal critical customer.          (c)  Not later than March 31, 2026, the Railroad Commission   of Texas shall provide to the Public Utility Commission of Texas the   first list of facilities designated as seasonal critical customers   under Section 81.073, Natural Resources Code, as amended by this   Act. Not later than April 30, 2026, the Public Utility Commission of   Texas shall provide the list to the independent organization   certified under Section 39.151, Utilities Code, for the ERCOT power   region.          SECTION 3.  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, 2025.