By: Earley H.B. No. 923
73R1705 SOS-D
A BILL TO BE ENTITLED
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 Energy Environmental
1-7 Economic Policy Committee.
1-8 (2) "Coordinating board" means the Texas Higher
1-9 Education Coordinating Board.
1-10 (3) "Council" means the Texas Energy Economics and
1-11 Environmental Coordinating Council.
1-12 (4) "Institution of higher education" has the meaning
1-13 assigned by Section 61.003, Education Code.
1-14 SECTION 1.02. PURPOSE. The purposes of this Act are to
1-15 develop a statewide energy policy and to coordinate the development
1-16 and marketing of all aspects of energy research at institutions of
1-17 higher education, from the development of basic theoretical and
1-18 experimental frameworks to the transfer of new energy technology to
1-19 the marketplace.
1-20 SECTION 1.03. ENERGY FUND. (a) A special fund to be known
1-21 as the energy fund is created as a special account in the general
1-22 revenue fund in the state treasury.
1-23 (b) The fund consists of money credited to the fund under
1-24 Section 80, Public Utility Regulatory Act (Article 1446c, Vernon's
2-1 Texas Civil Statutes), gifts, grants, and funds appropriated by the
2-2 legislature.
2-3 (c) Money in the fund may be appropriated only to the
2-4 council for the purposes of this Act.
2-5 SECTION 1.04. FUNDING. In addition to money appropriated
2-6 from the energy fund, the council is entitled to an appropriation
2-7 each biennium in an amount equal to:
2-8 (1) three times the estimated amount of money raised
2-9 from private sources during the previous biennium, if the estimated
2-10 amount is $500,000 or more but less than $1,000,000;
2-11 (2) five times the estimated amount of money raised
2-12 from private sources during the previous biennium, if the estimated
2-13 amount is $1,000,000 or more but less than $1,500,000; and
2-14 (3) seven times the estimated amount of money raised
2-15 from private sources during the previous biennium, if the estimated
2-16 amount is $1,500,000 or more, with a maximum entitlement under
2-17 this section of $21 million.
2-18 ARTICLE 2. ENERGY ENVIRONMENTAL ECONOMIC POLICY COMMITTEE
2-19 SECTION 2.01. ENERGY ENVIRONMENTAL ECONOMIC POLICY
2-20 COMMITTEE. The Energy Environmental Economic Policy Committee is
2-21 composed of the following ex officio members:
2-22 (1) the governor;
2-23 (2) the lieutenant governor;
2-24 (3) the speaker of the house of representatives;
2-25 (4) the chairman of the house of representatives
2-26 committee on energy;
2-27 (5) the chairman of the senate committee on natural
3-1 resources;
3-2 (6) a member of the Railroad Commission of Texas,
3-3 appointed by the governor; and
3-4 (7) a member of the Public Utility Commission of
3-5 Texas, appointed by the governor.
3-6 SECTION 2.02. TERMS; VACANCY. (a) Appointed members serve
3-7 for two-year terms expiring February 1 of each odd-numbered year.
3-8 (b) The governor shall appoint a person with similar
3-9 qualifications to fill the unexpired portion of the term of a
3-10 vacancy of an appointed member of the committee.
3-11 SECTION 2.03. OFFICERS; MEETINGS. (a) The members of the
3-12 committee shall elect annually a presiding officer of the
3-13 committee.
3-14 (b) The committee may elect other officers it considers
3-15 necessary.
3-16 (c) The committee shall meet at least once each calendar
3-17 quarter and at other times at the call of the presiding officer.
3-18 SECTION 2.04. COMPENSATION; EXPENSES. A member of the
3-19 committee may not receive compensation for service performed for
3-20 the committee. A member is entitled to receive reimbursement from
3-21 the energy fund, subject to any applicable limitation provided by
3-22 the General Appropriations Act, for actual or necessary expenses
3-23 incurred in performing services as a member of the committee.
3-24 SECTION 2.05. STAFF. (a) The committee may employ staff or
3-25 may use the staff of the governor or of the council. The council
3-26 shall provide any staff requested by the committee.
3-27 (b) The committee may not employ an individual, and an
4-1 employee of the committee may not continue in employment with the
4-2 committee, if the individual at the time of employment or while
4-3 employed by the committee is:
4-4 (1) a person required to register under Chapter 305,
4-5 Government Code; or
4-6 (2) a member of the legislature.
4-7 SECTION 2.06. POWERS AND DUTIES. (a) The committee may:
4-8 (1) set priority areas for energy coordination or for
4-9 energy research;
4-10 (2) provide national leadership on emerging energy
4-11 policy;
4-12 (3) adopt rules for the administration of this
4-13 article;
4-14 (4) accept gifts and grants for the administration of
4-15 its duties; and
4-16 (5) use a service or facility contributed to the
4-17 committee by any source.
4-18 (b) The committee shall:
4-19 (1) develop coherent long-term energy policy for this
4-20 state;
4-21 (2) make recommendations to the state and to industry
4-22 regarding energy use; and
4-23 (3) encourage cooperation and coordination between
4-24 public and private entities regarding energy use and energy
4-25 research, development, and commercialization.
4-26 ARTICLE 3. TEXAS ENERGY ECONOMICS AND ENVIRONMENTAL
4-27 COORDINATION COUNCIL
5-1 SECTION 3.01. COMPOSITION. (a) The Texas Energy Economics
5-2 and Environmental Coordinating Council is a state agency composed
5-3 of the following ex officio members:
5-4 (1) the associate dean for research in the College of
5-5 Engineering at Texas Tech University;
5-6 (2) the director of the Energy System Laboratory of
5-7 Texas A&M University;
5-8 (3) the director of the Center for Energy Studies at
5-9 The University of Texas at Austin;
5-10 (4) the director of the Energy Laboratory of the
5-11 University of Houston; and
5-12 (5) the director of the Alternative Energy Institute
5-13 of West Texas State University.
5-14 (b) The ex officio members shall appoint the following
5-15 members to serve on the council:
5-16 (1) a representative of the natural gas industry;
5-17 (2) a representative of the electric utility industry;
5-18 (3) a representative of an energy consumer
5-19 organization; and
5-20 (4) a representative of the energy industry.
5-21 (c) If an institution of higher education eliminates the
5-22 entity whose director serves on the council, the institution shall
5-23 name a representative to serve on the council. The representative
5-24 must be an individual at the institution with responsibilities
5-25 related to the mission of the council and must hold a position of a
5-26 level similar to the level of the position of director of the
5-27 eliminated entity.
6-1 SECTION 3.02. TERMS; VACANCY. (a) Appointed members serve
6-2 for staggered terms of two years, with the terms of two members
6-3 expiring December 31 of each year.
6-4 (b) The ex officio members of the council shall appoint an
6-5 individual with similar qualifications to fill the unexpired
6-6 portion of the term of a vacancy of an appointed member of the
6-7 council.
6-8 SECTION 3.03. OFFICERS; MEETINGS. (a) The members of the
6-9 council shall elect annually a presiding officer of the council.
6-10 (b) The council may elect other officers it considers
6-11 necessary.
6-12 (c) The council shall meet at least once each calendar
6-13 quarter and at other times at the call of the presiding officer.
6-14 SECTION 3.04. COMPENSATION; EXPENSES. A member of the
6-15 council may not receive compensation for service performed for the
6-16 council. A member is entitled to receive reimbursement, subject to
6-17 any applicable limitation provided by the General Appropriations
6-18 Act, for actual or necessary expenses incurred in performing
6-19 services as a member of the council. Reimbursement for expenses
6-20 shall be paid from funds appropriated to the member's respective
6-21 institution.
6-22 SECTION 3.05. STAFF. (a) The council may employ staff or
6-23 may use the staff of the coordinating board or a participating
6-24 institution. The coordinating board or a participating institution
6-25 shall provide any staff requested by the council.
6-26 (b) The council may not employ an individual, and an
6-27 employee of the council may not continue in employment with the
7-1 council, if the individual at the time of employment or while
7-2 employed by the council is:
7-3 (1) a person required to register under Chapter 305,
7-4 Government Code; or
7-5 (2) a member of the legislature.
7-6 SECTION 3.06. DUTIES. The council shall:
7-7 (1) establish an institute for building energy
7-8 efficiency throughout this state;
7-9 (2) adopt strategies to assess energy resources;
7-10 (3) promote energy efficiency in transportation;
7-11 (4) make recommendations to reduce energy consumption
7-12 by the state;
7-13 (5) promote energy efficiency in industry;
7-14 (6) assess the interrelation between energy and the
7-15 environment;
7-16 (7) promote the efficient use of renewable resources;
7-17 (8) evaluate the effects of existing energy taxes on
7-18 the state economy;
7-19 (9) recommend new energy taxes to promote energy
7-20 efficiency;
7-21 (10) promote the formation of consortia to study
7-22 energy uses;
7-23 (11) actively seek monetary support for the purposes
7-24 of this Act;
7-25 (12) coordinate the transfer of energy technology to
7-26 the marketplace;
7-27 (13) promote the use of energy research findings;
8-1 (14) encourage and coordinate energy research among
8-2 institutions of higher education, other public entities, industrial
8-3 entities, and nonprofit research entities;
8-4 (15) coordinate energy research among state research
8-5 programs;
8-6 (16) provide criteria and recommendations for the
8-7 awarding of grants for energy research projects approved by state
8-8 research programs;
8-9 (17) promote energy technologies in nonresource areas;
8-10 and
8-11 (18) provide support for the committee.
8-12 SECTION 3.07. POWERS. The council may:
8-13 (1) encourage research collaborations among
8-14 institutions of higher education;
8-15 (2) coordinate information sharing among institutions
8-16 of higher education;
8-17 (3) encourage projects that propose innovative,
8-18 collaborative efforts among two or more institutions of higher
8-19 education or between an institution of higher education and private
8-20 industry;
8-21 (4) conduct public relations activities concerning the
8-22 activities of the council;
8-23 (5) develop computer software to facilitate the
8-24 discharge of the council's duties;
8-25 (6) establish a computer data base of energy research
8-26 information that is accessible to all institutions of higher
8-27 education;
9-1 (7) contract or cooperate with private research
9-2 entities;
9-3 (8) conduct technical seminars on energy research;
9-4 (9) provide information to the public on energy
9-5 research; and
9-6 (10) meet and coordinate with each institution of
9-7 higher education's federal funds coordinator designated under
9-8 Section 751.022(d), Government Code.
9-9 SECTION 3.08. GIFT, GRANT, AND CONTRIBUTED SERVICE OR
9-10 FACILITY. (a) The council may accept a gift or grant from any
9-11 source to be used by the council for the purposes of this Act.
9-12 (b) The council may use a service or facility contributed to
9-13 the council by any source.
9-14 SECTION 3.09. DISTRIBUTION OF GRANTS. (a) The council may
9-15 make grants from funds available to the council to institutions of
9-16 higher education to fund research consistent with the mission of
9-17 the council. To receive a grant from the council, an institution
9-18 of higher education must submit to the council an application for
9-19 the grant, on a form prescribed by the council, and a proposal for
9-20 the project for which the grant is sought.
9-21 (b) The council shall approve applications on an equitable
9-22 basis.
9-23 (c) Not later than September 1 of each fiscal year, the
9-24 comptroller of public accounts shall certify to the council the
9-25 amount of appropriated funds available from which to make grants
9-26 under this section for that fiscal year.
9-27 (d) The council may not approve an application if the amount
10-1 of money required to fund the proposal is greater than an amount
10-2 equal to the total amount of money available to the council to make
10-3 grants under this section for the fiscal year during which the
10-4 award is made.
10-5 (e) For each application approved by the council, the
10-6 council shall certify to the comptroller of public accounts the
10-7 amount of funds approved for the project. To the extent that funds
10-8 are available for this purpose, the comptroller of public accounts
10-9 shall issue a warrant to the institution of higher education in the
10-10 amount certified in the order that the comptroller receives the
10-11 certification. The warrant shall be drawn against the amounts
10-12 appropriated to the council.
10-13 ARTICLE 4. MISCELLANEOUS PROVISIONS
10-14 SECTION 4.01. AMENDMENT. Section 80, Public Utility
10-15 Regulatory Act (Article 1446c, Vernon's Texas Civil Statutes), is
10-16 amended to read as follows:
10-17 Sec. 80. All fees, penalties, and interest paid under the
10-18 provisions of Sections 78 and 79 of this article shall be collected
10-19 by the comptroller of public accounts and paid into the general
10-20 revenue fund. One-half of the amount collected shall be credited
10-21 to the energy fund. The commission shall notify the comptroller of
10-22 public accounts of any adjustment of the assessment imposed in
10-23 Section 78 when made.
10-24 SECTION 4.02. TRANSITION. (a) Not later than February 1,
10-25 1994, the governor shall make initial appointments of members to
10-26 serve on the Energy Environmental Economic Policy Committee for
10-27 terms expiring February 1, 1995.
11-1 (b) Not later than January 1, 1994, the ex officio members
11-2 of the Texas Energy Economics and Environmental Coordinating
11-3 Council shall make initial appointments of two representatives to
11-4 serve on the council for terms expiring December 31, 1994, and two
11-5 representatives to serve on the council for terms expiring December
11-6 31, 1995.
11-7 SECTION 4.03. EMERGENCY. The importance of this legislation
11-8 and the crowded condition of the calendars in both houses create an
11-9 emergency and an imperative public necessity that the
11-10 constitutional rule requiring bills to be read on three several
11-11 days in each house be suspended, and this rule is hereby suspended,
11-12 and that this Act take effect and be in force from and after its
11-13 passage, and it is so enacted.