Sec. 123.024.  EXCEPTION.  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)  the parties agree the subchapter applies to the transaction;  and
(2)  the contract states the subchapter applies to the transaction.
Acts 1997, 75th Leg., ch. 166, Sec. 1, eff. Sept. 1, 1997.