(a) In this section, "gas supply chain facility" means a facility that is:
- (1) used for producing, treating, processing, pressurizing, storing, or transporting natural gas;
- (2) not primarily used to support liquefied natural gas pretreatment, liquefaction, or regasification facilities in the business of exporting or importing liquefied natural gas to or from foreign countries;
- (3) otherwise regulated by the commission under this subtitle; and
- (4) not regulated by the commission under Chapter 121, Utilities Code.
(b) This section applies only to a gas supply chain facility that is:
- (1) included on the electricity supply chain map created under Section 38.203, Utilities Code; and
- (2) designated as critical by the commission in the manner provided by Section 81.073.
- (c) The commission by rule shall require a gas supply chain facility operator to implement measures to prepare to operate during a weather emergency. In adopting the rules, the commission shall take into consideration weather predictions produced by the office of the state climatologist.
(d) The commission shall:
- (1) inspect gas supply chain facilities for compliance with rules adopted under Subsection (c);
- (2) provide the owner of a facility described by Subdivision (1) with a reasonable period of time in which to remedy any violation the commission discovers in an inspection; and
- (3) report to the attorney general any violation that is not remedied in a reasonable period of time.
- (e) The commission shall prioritize inspections conducted under Subsection (d)(1) based on risk level, as determined by the commission.
(f) The commission by rule shall require an operator of a gas supply chain facility that experiences repeated weather-related or major weather-related forced interruptions of production to:
- (1) contract with a person who is not an employee of the operator to assess the operator's weatherization plans, procedures, and operations; and
- (2) submit the assessment to the commission.
- (g) The commission may require an operator of a gas supply chain facility to implement appropriate recommendations included in an assessment submitted to the commission under Subsection (f).
- (h) If the commission determines that a person has violated a rule adopted under this section, the commission shall notify the attorney general of a violation that is not remedied in a reasonable amount of time. The attorney general shall initiate a suit to recover a penalty for the violation in the manner provided by Subchapter G.
Added by Acts 2021, 87th Leg., R.S., Ch. 426 (S.B. 3), Sec. 5, eff. June 8, 2021.