By: Sparks	S.B. No. 1811

	A BILL TO BE ENTITLED
	AN ACT
	relating to the jurisdiction of the Railroad Commission of Texas
	over and a study of the upstream production, pipeline
	transportation, and storage of hydrogen.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 81.051(a), Natural Resources Code, is
	amended to read as follows:
	(a)  The commission has jurisdiction over all:
	(1)  common carrier pipelines defined in Section
	111.002 of this code in Texas;
	(2)  oil and gas wells in Texas;
	(3)  persons owning or operating pipelines in Texas;
	[and]
	(4)  persons owning or engaged in drilling or operating
	oil or gas wells in Texas; and
	(5)  pipeline transportation and underground storage of
	hydrogen.
	SECTION 2.  Subchapter C, Chapter 81, Natural Resources
	Code, is amended by adding Section 81.075 to read as follows:
	Sec. 81.075.  TEXAS HYDROGEN PRODUCTION POLICY COUNCIL. (a)
	In this section, "council" means the Texas hydrogen production
	policy council.
	(b)  The Texas hydrogen production policy council is
	established within the commission to study and make recommendations
	relating to the commission's policy framework for hydrogen energy
	development.
	(c)  The council is composed of:
	(1)  the commissioners; and
	(2)  nine members appointed by the commission to
	represent as many different types of participants as possible,
	including at least three representatives from the hydrogen
	industry.
	(d)  A member of the council is not entitled to compensation
	or reimbursement of expenses for service on the council.
	(e)  The council:
	(1)  shall study the development of hydrogen industries
	in this state, including the development of upstream facilities for
	the production, pipeline transportation, and storage of hydrogen;
	(2)  shall monitor regional efforts for the application
	and development of a regional clean hydrogen hub authorized under
	the Infrastructure Investment and Jobs Act (Pub. L. No. 117-58) or
	another federal act;
	(3)  may coordinate actions with other state agencies
	in supporting an application for a regional clean hydrogen hub
	described by Subdivision (2); and
	(4)  shall develop a state plan for hydrogen production
	oversight and regulation by the commission.
	(f)  The council may make recommendations relating to:
	(1)  commission rules needed for the oversight and
	regulation of upstream production, pipeline transportation, and
	storage of hydrogen; and
	(2)  changes in statute needed to clarify the
	commission's jurisdiction over upstream production, pipeline
	transportation, and storage of hydrogen.
	(g)  The council is abolished and this section expires on
	January 1, 2030.
	SECTION 3.  This Act takes effect September 1, 2023.

Statutes affected:
Introduced: Natural Resources Code 81.051 (Natural Resources Code 81)