Texas Attorney General Opinion: GA-0610 Page: 4 of 5
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The Honorable Richard L. "Rick" Hardcastle - Page 4
We recognize that the conclusion we reach here may be counter-intuitive. As we have earlier
noted, the CPPHD brief makes a strong case that the Legislature simply could not have intended the
result we reach here. See CPPHD Brief, supra note 6, at 8. But all the evidence points in the
opposite direction: this was indeed the intent of the Legislature. The Attorney General does not, of
course, enact the law: that function is reserved to the Legislature. And it is thus the responsibility
of the Legislature, if it wishes to do so, to amend this law to make it more compatible with common
sense.
You next ask whether, "for state agencies having facilities in more than one geographical
location[,] the calculation of annual average usage ... include[s] only natural gas provided to a
single service site," or whether "the calculation include[s] the aggregate usage by an 'agency' at
multiple, geographically separate locations." Request Letter, supra note 2, at 2. As we noted in
answer to your first question, a "state agency" for purposes of section 104.202(a) of the GURA is
an agency that (1) is within the executive branch of state government; (2) exercises statewide
jurisdiction; and (3) was created by statute or by the Texas Constitution. That definition is limited,
however, to agencies that contract to acquire an annual average of at least 100 Mcf per day of natural
gas to meet its energy requirements. Because the required calculation is not the amount actually used
by a state agency, but the amount it has contracted for, "the aggregate usage by an 'agency' at
multiple, geographically separate locations" is irrelevant. Accordingly, we need not address your
second question.
We conclude that, in order to qualify for the exemption in section 104.202 of the Utilities
Code, a state agency must contract to acquire an annual average of 100 Mcf per day or more of
natural gas to meet its energy requirements.(GA-0610)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: GA-0610, text, March 20, 2008; (https://texashistory.unt.edu/ark:/67531/metapth275506/m1/4/?q=%222008~%22: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.