H.B. No. 923
1-1 AN ACT
1-2 relating to statewide energy policy and research.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 ARTICLE 1. GENERAL PROVISIONS
1-5 SECTION 1.01. DEFINITIONS. In this Act:
1-6 (1) "Committee" means the Texas Committee on Energy
1-7 Policy.
1-8 (2) "Coordinating board" means the Texas Higher
1-9 Education Coordinating Board.
1-10 (3) "Council" means the Texas Energy Coordination
1-11 Council.
1-12 (4) "Postsecondary educational institution" means an
1-13 institution of higher education as defined by Section 61.003,
1-14 Education Code, or a private or independent college or university
1-15 that is accredited by a recognized accrediting agency, as defined
1-16 by that section.
1-17 SECTION 1.02. PURPOSE. The purposes of this Act are to
1-18 develop a statewide energy policy and to coordinate the development
1-19 and marketing of all aspects of energy research at postsecondary
1-20 educational institutions and at nonprofit research organizations or
1-21 associations, from the development of basic theoretical and
1-22 experimental frameworks to the transfer of new energy technology to
1-23 the marketplace.
1-24 SECTION 1.03. ENERGY ACCOUNT. (a) The energy account is
2-1 created as a special account in the general revenue fund in the
2-2 state treasury.
2-3 (b) The account consists of gifts, grants, and funds
2-4 appropriated by the legislature.
2-5 (c) Money in the account may be appropriated only to the
2-6 council for the purposes of this Act.
2-7 SECTION 1.04. FUNDING. In addition to money appropriated
2-8 from the energy account, the council is entitled to an
2-9 appropriation each biennium in an amount equal to:
2-10 (1) three times the estimated amount of money raised
2-11 from private sources during the previous biennium, if the estimated
2-12 amount is $500,000 or more but less than $1,000,000;
2-13 (2) five times the estimated amount of money raised
2-14 from private sources during the previous biennium, if the estimated
2-15 amount is $1,000,000 or more but less than $1,500,000; and
2-16 (3) seven times the estimated amount of money raised
2-17 from private sources during the previous biennium, if the estimated
2-18 amount is $1,500,000 or more, with a maximum entitlement under
2-19 this section of $21 million.
2-20 ARTICLE 2. TEXAS COMMITTEE ON ENERGY POLICY
2-21 SECTION 2.01. TEXAS COMMITTEE ON ENERGY POLICY. The Texas
2-22 Committee on Energy Policy is composed of the following ex officio
2-23 members:
2-24 (1) the governor;
2-25 (2) the lieutenant governor;
2-26 (3) the speaker of the house of representatives;
2-27 (4) the chairman of the house of representatives
3-1 committee on energy;
3-2 (5) the chairman of the senate committee on natural
3-3 resources;
3-4 (6) a member of the Railroad Commission of Texas,
3-5 appointed by the Railroad Commission of Texas;
3-6 (7) a member of the Public Utility Commission of
3-7 Texas, appointed by the Public Utility Commission of Texas; and
3-8 (8) the commissioner of the General Land Office.
3-9 SECTION 2.02. TERMS; VACANCY. (a) Appointed members serve
3-10 for four-year terms. The initial appointees serve until February
3-11 1, 1999, and subsequent terms expire on February 1 of every fourth
3-12 year thereafter.
3-13 (b) The original appointing authority shall appoint a person
3-14 with similar qualifications to fill the unexpired portion of the
3-15 term of a vacancy of an appointed member of the committee.
3-16 SECTION 2.03. OFFICERS; MEETINGS. (a) The members of the
3-17 committee shall elect annually a presiding officer of the
3-18 committee.
3-19 (b) The committee may elect other officers it considers
3-20 necessary.
3-21 (c) The committee shall meet at least once each calendar
3-22 quarter and at other times at the call of the presiding officer.
3-23 SECTION 2.04. COMPENSATION; EXPENSES. A member of the
3-24 committee may not receive compensation for service performed for
3-25 the committee. A member is entitled to receive reimbursement from
3-26 the energy account, subject to any applicable limitation provided
3-27 by the General Appropriations Act, for actual or necessary expenses
4-1 incurred in performing services as a member of the committee.
4-2 SECTION 2.05. STAFF. (a) The committee may employ staff or
4-3 may use the staff of the governor.
4-4 (b) The committee may not employ an individual, and an
4-5 employee of the committee may not continue in employment with the
4-6 committee, if the individual at the time of employment or while
4-7 employed by the committee is:
4-8 (1) a person required to register under Chapter 305,
4-9 Government Code; or
4-10 (2) a member of the legislature.
4-11 SECTION 2.06. POWERS AND DUTIES. (a) The committee may:
4-12 (1) set priority areas for energy coordination or for
4-13 energy research;
4-14 (2) provide national leadership on emerging energy
4-15 policy;
4-16 (3) adopt rules for the administration of this
4-17 article;
4-18 (4) accept gifts and grants for the administration of
4-19 its duties; and
4-20 (5) use a service or facility contributed to the
4-21 committee by any source.
4-22 (b) The committee shall:
4-23 (1) develop coherent long-term energy policy for this
4-24 state;
4-25 (2) make recommendations to the state and to industry
4-26 regarding energy use; and
4-27 (3) encourage cooperation and coordination between
5-1 public and private entities regarding energy use and energy
5-2 research, development, and commercialization.
5-3 ARTICLE 3. TEXAS ENERGY COORDINATION COUNCIL
5-4 SECTION 3.01. COMPOSITION. (a) The Texas Energy
5-5 Coordination Council is composed of the following ex officio
5-6 members:
5-7 (1) a representative from Texas Tech University to be
5-8 designated by the president of the university;
5-9 (2) the director of the Energy System Laboratory of
5-10 Texas A&M University;
5-11 (3) the director of the Center for Energy Studies at
5-12 The University of Texas at Austin;
5-13 (4) a representative of industrial energy consumers;
5-14 (5) the director of the Energy Laboratory of the
5-15 University of Houston; and
5-16 (6) the director of the Alternative Energy Institute
5-17 of West Texas State University.
5-18 (b) The governor shall appoint the following members to
5-19 serve on the council:
5-20 (1) a representative of the natural gas industry;
5-21 (2) a representative of the oil industry;
5-22 (3) a representative of the alternative fuels
5-23 industry;
5-24 (4) a representative of the Texas Sustainable Energy
5-25 Development Council or renewable energy industry;
5-26 (5) a representative of the electric utility industry;
5-27 and
6-1 (6) a representative of an energy consumer
6-2 organization or environmental organization.
6-3 (c) If a postsecondary educational institution eliminates
6-4 the entity whose director serves on the council, the institution
6-5 shall name a representative to serve on the council. The
6-6 representative must be an individual at the institution with
6-7 responsibilities related to the mission of the council and must
6-8 hold a position of a level similar to the level of the position of
6-9 director of the eliminated entity.
6-10 SECTION 3.02. TERMS; VACANCY. (a) Appointed members serve
6-11 for staggered terms of two years, with the terms of three members
6-12 expiring December 31 of each year.
6-13 (b) The governor shall appoint an individual with similar
6-14 qualifications to fill the unexpired portion of the term of a
6-15 vacancy of an appointed member of the council.
6-16 SECTION 3.03. OFFICERS; MEETINGS. (a) The members of the
6-17 council shall elect annually a presiding officer of the council.
6-18 (b) The council may elect other officers it considers
6-19 necessary.
6-20 (c) The council shall meet at least once each calendar
6-21 quarter and at other times at the call of the presiding officer.
6-22 SECTION 3.04. COMPENSATION; EXPENSES. A member of the
6-23 council may not receive compensation for service performed for the
6-24 council. A member is entitled to receive reimbursement, subject to
6-25 any applicable limitation provided by the General Appropriations
6-26 Act, for actual or necessary expenses incurred in performing
6-27 services as a member of the council.
7-1 SECTION 3.05. STAFF. (a) The council may employ staff or
7-2 may use, with the entity's consent, the staff of the coordinating
7-3 board, a participating postsecondary educational institution, or a
7-4 nonprofit research organization or association.
7-5 (b) The council may not employ an individual, and an
7-6 employee of the council may not continue in employment with the
7-7 council, if the individual at the time of employment or while
7-8 employed by the council is:
7-9 (1) a person required to register under Chapter 305,
7-10 Government Code; or
7-11 (2) a member of the legislature.
7-12 SECTION 3.06. DUTIES. The council shall:
7-13 (1) establish an institute for building energy
7-14 efficiency throughout this state;
7-15 (2) adopt strategies to assess energy resources;
7-16 (3) promote energy efficiency in transportation;
7-17 (4) make recommendations to reduce energy consumption
7-18 by the state;
7-19 (5) promote energy efficiency in industry;
7-20 (6) assess the interrelation between energy and the
7-21 environment;
7-22 (7) promote the efficient use of renewable resources;
7-23 (8) evaluate the effects of existing energy taxes on
7-24 the state economy;
7-25 (9) recommend new energy taxes to promote energy
7-26 efficiency;
7-27 (10) promote the formation of consortia to study
8-1 energy uses;
8-2 (11) actively seek monetary support for the purposes
8-3 of this Act;
8-4 (12) coordinate the transfer of energy technology to
8-5 the marketplace;
8-6 (13) promote the use of energy research findings;
8-7 (14) encourage and coordinate energy research among
8-8 postsecondary educational institutions, other public and private
8-9 entities, industrial entities, and nonprofit research entities;
8-10 (15) coordinate energy research among state research
8-11 programs;
8-12 (16) provide criteria and recommendations for the
8-13 awarding of grants for energy research projects approved by state
8-14 research programs;
8-15 (17) promote energy technologies in nonresource areas;
8-16 and
8-17 (18) provide support for the committee.
8-18 SECTION 3.07. POWERS. The council may:
8-19 (1) encourage research collaborations among
8-20 postsecondary educational institutions and nonprofit research
8-21 organizations or associations;
8-22 (2) coordinate information sharing among postsecondary
8-23 educational institutions and nonprofit research organizations or
8-24 associations;
8-25 (3) encourage projects that propose innovative,
8-26 collaborative efforts among two or more postsecondary educational
8-27 institutions or nonprofit research organizations or associations or
9-1 between a postsecondary educational institution or nonprofit
9-2 research organization or association and private industry;
9-3 (4) conduct public relations activities concerning the
9-4 activities of the council;
9-5 (5) develop computer software to facilitate the
9-6 discharge of the council's duties;
9-7 (6) establish a computer data base of energy research
9-8 information that is accessible to all postsecondary educational
9-9 institutions and all nonprofit research organizations or
9-10 associations;
9-11 (7) contract or cooperate with the federal government
9-12 or private research entities;
9-13 (8) conduct technical seminars on energy research;
9-14 (9) provide information to the public on energy
9-15 research; and
9-16 (10) meet and coordinate with each institution of
9-17 higher education's federal funds coordinator designated under
9-18 Section 751.022(d), Government Code.
9-19 SECTION 3.08. GIFT, GRANT, AND CONTRIBUTED SERVICE OR
9-20 FACILITY. (a) The council may accept a gift or grant from any
9-21 source to be used by the council for the purposes of this Act.
9-22 (b) The council may use a service or facility contributed to
9-23 the council by any source.
9-24 SECTION 3.09. DISTRIBUTION OF GRANTS. (a) The council may
9-25 make grants from funds available to the council to postsecondary
9-26 educational institutions or nonprofit research organizations or
9-27 associations to fund research consistent with the mission of the
10-1 council. To receive a grant from the council, a postsecondary
10-2 educational institution or a nonprofit research organization or
10-3 association must submit to the council an application for the
10-4 grant, on a form prescribed by the council, and a proposal for the
10-5 project for which the grant is sought.
10-6 (b) The council shall approve applications on an equitable
10-7 basis.
10-8 (c) Not later than September 1 of each fiscal year, the
10-9 comptroller shall certify to the council the amount of appropriated
10-10 funds available from which to make grants under this section for
10-11 that fiscal year.
10-12 (d) The council may not approve an application if the amount
10-13 of money required to fund the proposal is greater than an amount
10-14 equal to the total amount of money available to the council to make
10-15 grants under this section for the fiscal year during which the
10-16 award is made.
10-17 (e) For each application approved by the council, the
10-18 council shall certify to the comptroller the amount of funds
10-19 approved for the project. To the extent that funds are available
10-20 for this purpose, the comptroller shall issue a warrant to the
10-21 postsecondary educational institution or nonprofit research
10-22 organization or association in the amount certified in the order
10-23 that the comptroller receives the certification. The warrant shall
10-24 be drawn against the amounts appropriated to the council.
10-25 ARTICLE 4. MISCELLANEOUS PROVISIONS
10-26 SECTION 4.01. TRANSITION. (a) Not later than February 1,
10-27 1994, the Railroad Commission of Texas and the Public Utility
11-1 Commission of Texas shall make initial appointments of members to
11-2 serve on the Texas Committee on Energy Policy for terms expiring
11-3 February 1, 1995.
11-4 (b) Not later than January 1, 1994, the governor shall make
11-5 initial appointments of three representatives to serve on the Texas
11-6 Energy Coordination Council for terms expiring December 31, 1994,
11-7 and three representatives to serve on the council for terms
11-8 expiring December 31, 1995.
11-9 SECTION 4.02. EMERGENCY. The importance of this legislation
11-10 and the crowded condition of the calendars in both houses create an
11-11 emergency and an imperative public necessity that the
11-12 constitutional rule requiring bills to be read on three several
11-13 days in each house be suspended, and this rule is hereby suspended,
11-14 and that this Act take effect and be in force from and after its
11-15 passage, and it is so enacted.