This subchapter does not apply to a transaction between an agriculture energy user and a supplier who does not deliver gas to a municipality unless:

1. (1) the parties agree the subchapter applies to the transaction; and
2. (2) the contract states the subchapter applies to the transaction.

Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.