Amend CSHB 3346 (Senate committee printing) by striking 
SECTION 3 of the bill (page 1, line 49), and substituting the 
following appropriately numbered SECTIONS:
	SECTION ____.  Section 101.003(7), Utilities Code, is 
amended to read as follows:
		(7)  "Gas utility" includes a person or river authority 
that owns or operates for compensation in this state equipment or 
facilities to transmit or distribute combustible hydrocarbon 
natural gas or synthetic natural gas for sale or resale in a manner 
not subject to the jurisdiction of the Federal Energy Regulatory 
Commission under the Natural Gas Act (15 U.S.C. Section 717 et 
seq.).  The term includes a lessee, trustee, or receiver of a gas 
utility.  The term does not include:
			(A)  a municipal corporation;                                                
			(B)  a person or river authority to the extent the 
person or river authority:
				(i)  produces, gathers, transports, or sells 
natural gas or synthetic natural gas under Section 121.004 or 
121.005;
				(ii)  distributes or sells liquefied 
petroleum gas; or                    
				(iii)  transports, delivers, or sells 
natural gas for fuel for irrigation wells or any other direct 
agricultural use;
			(C)  a person to the extent the person:                                      
				(i)  sells natural gas for use as vehicle 
fuel;                           
				(ii)  sells natural gas to a person who later 
sells the natural gas for use as vehicle fuel; or
				(iii)  owns or operates equipment or 
facilities to sell or transport natural gas for ultimate use as 
vehicle fuel;
			(D)  a person not otherwise a gas utility who 
furnishes gas or gas service only to itself, its employees, or its 
tenants as an incident of employment or tenancy, if the gas or gas 
service is not resold to or used by others; [or]
			(E)  a person excluded from being considered a gas 
utility under Section 121.007; or
			(F)  an electric cooperative, as that term is 
defined by Section 11.003, or its subsidiary, that is excluded from 
regulation as a gas utility by Section 121.008.
	SECTION ____.  Subchapter A, Chapter 121, Utilities Code, is 
amended by adding Section 121.008 to read as follows:
	Sec. 121.008.  CERTAIN STORAGE FACILITIES OWNED BY ELECTRIC 
COOPERATIVES EXCLUDED.  An electric cooperative, as that term is 
defined by Section 11.003, or its subsidiary, that sells 
electricity at wholesale is not a gas utility or subject to 
regulation as a gas utility solely because it provides gas storage 
services for hire if the gas storage facility is predominantly 
operated to support the integration of renewable resources.  Such a 
gas storage facility shall not have a working gas capacity of 
greater than five billion cubic feet.
	SECTION ____.  Section 111.001(2), Natural Resources Code, 
is amended to read as follows:
		(2)  "Public utility" means a person, association of 
persons, or corporation that owns, operates, or manages crude 
petroleum storage tanks or storage facilities for the public for 
hire, either in connection with a pipeline, pipelines, or 
otherwise.  The term does not include an electric cooperative, as 
that term is defined by Section 11.003, Utilities Code, or its 
subsidiary, that sells electricity at wholesale and that owns or 
operates an underground storage facility and provides gas storage 
services to the public for hire if the gas storage facility is 
predominantly operated to support the integration of renewable 
resources.  Such a gas storage facility shall not have a working gas 
capacity of greater than five billion cubic feet.
	SECTION ____.  Section 111.003, Natural Resources Code, is 
amended by adding Subsection (c) to read as follows:
	(c)  The provisions of this chapter, and any common law 
requirements or limitations applicable to a common carrier, do not 
apply to an underground storage facility owned or operated by an 
electric cooperative, as that term is defined by Section 11.003, 
Utilities Code, or its subsidiary, that sells electricity at 
wholesale and offers or provides gas storage services to the public 
for hire if the gas storage facility is predominately operated to 
support the integration of renewable resources.  Such a gas storage 
facility shall not have a working gas capacity of greater than five 
billion cubic feet.
	SECTION ____.  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, 2009.