(a) A person who owns or operates a natural gas pipeline, a liquefied natural gas pipeline, or an underground storage facility is not a gas utility if the person certifies to the railroad commission that the person uses the pipeline or underground storage facility solely to deliver natural gas or liquefied natural gas or the constituents of natural gas or liquefied natural gas:
(1) to a liquefied natural gas marine terminal;
(2) from a liquefied natural gas marine terminal to the owner of the gas or another person on behalf of the owner of the gas;
(3) that is acquired, liquefied, or sold by the person as necessary for the operation or maintenance of its facility that is excluded as a gas utility under this section; or
(4) that has been stored for export.
(b) This section does not confer the power of eminent domain to a pipeline or underground storage facility excluded as a gas utility under this section.
(c) This section does not create an exception to the applicability of a pipeline safety requirement provided under this chapter or a penalty for a violation of such a requirement.