1-1 By: Earley (Senate Sponsor - Montford) H.B. No. 923
1-2 (In the Senate - Received from the House April 26, 1993;
1-3 April 27, 1993, read first time and referred to Committee on
1-4 Natural Resources; May 20, 1993, reported favorably, as amended, by
1-5 the following vote: Yeas 8, Nays 0; May 20, 1993, sent to
1-6 printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Sims x
1-10 Truan x
1-11 Armbrister x
1-12 Barrientos x
1-13 Bivins x
1-14 Brown x
1-15 Carriker x
1-16 Lucio x
1-17 Montford x
1-18 Ratliff x
1-19 Shelley x
1-20 COMMITTEE AMENDMENT NO. 1 By: Montford
1-21 Amend HB 923 on page 2, lines 33-34 by striking all language in
1-22 Subsection (a) and substituting in lieu thereof the following:
1-23 (a) Appointed members serve for four-year terms. The
1-24 initial appointees serve until February 1, 1999, and subsequent
1-25 terms expire on Feburary 1 of every fourth year thereafter.
1-26 COMMITTEE AMENDMENT NO. 2 By: Montford
1-27 Amend HB 923 on page 3, lines 11-12 by striking all language in
1-28 Subdivision (1) and substituting in lieu thereof the following:
1-29 (1) a representative from Texas Tech University to be
1-30 designated by the president of the university;
1-31 COMMITTEE AMENDMENT NO. 3 By: Montford
1-32 Amend H.B. No. 923 in SECTION 3.07, in Subdivision (7) (page 4,
1-33 line 50, engrossed version), between "with" and "private", by
1-34 inserting "the federal government or".
1-35 A BILL TO BE ENTITLED
1-36 AN ACT
1-37 relating to statewide energy policy and research.
1-38 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-39 ARTICLE 1. GENERAL PROVISIONS
1-40 SECTION 1.01. DEFINITIONS. In this Act:
1-41 (1) "Committee" means the Texas Committee on Energy
1-42 Policy.
1-43 (2) "Coordinating board" means the Texas Higher
1-44 Education Coordinating Board.
1-45 (3) "Council" means the Texas Energy Coordination
1-46 Council.
1-47 (4) "Postsecondary educational institution" means an
1-48 institution of higher education as defined by Section 61.003,
1-49 Education Code, or a private or independent college or university
1-50 that is accredited by a recognized accrediting agency, as defined
1-51 by that section.
1-52 SECTION 1.02. PURPOSE. The purposes of this Act are to
1-53 develop a statewide energy policy and to coordinate the development
1-54 and marketing of all aspects of energy research at postsecondary
1-55 educational institutions and at nonprofit research organizations or
1-56 associations, from the development of basic theoretical and
1-57 experimental frameworks to the transfer of new energy technology to
1-58 the marketplace.
1-59 SECTION 1.03. ENERGY ACCOUNT. (a) The energy account is
1-60 created as a special account in the general revenue fund in the
1-61 state treasury.
1-62 (b) The account consists of gifts, grants, and funds
1-63 appropriated by the legislature.
1-64 (c) Money in the account may be appropriated only to the
1-65 council for the purposes of this Act.
1-66 SECTION 1.04. FUNDING. In addition to money appropriated
1-67 from the energy account, the council is entitled to an
1-68 appropriation each biennium in an amount equal to:
2-1 (1) three times the estimated amount of money raised
2-2 from private sources during the previous biennium, if the estimated
2-3 amount is $500,000 or more but less than $1,000,000;
2-4 (2) five times the estimated amount of money raised
2-5 from private sources during the previous biennium, if the estimated
2-6 amount is $1,000,000 or more but less than $1,500,000; and
2-7 (3) seven times the estimated amount of money raised
2-8 from private sources during the previous biennium, if the estimated
2-9 amount is $1,500,000 or more, with a maximum entitlement under
2-10 this section of $21 million.
2-11 ARTICLE 2. TEXAS COMMITTEE ON ENERGY POLICY
2-12 SECTION 2.01. TEXAS COMMITTEE ON ENERGY POLICY. The Texas
2-13 Committee on Energy Policy is composed of the following ex officio
2-14 members:
2-15 (1) the governor;
2-16 (2) the lieutenant governor;
2-17 (3) the speaker of the house of representatives;
2-18 (4) the chairman of the house of representatives
2-19 committee on energy;
2-20 (5) the chairman of the senate committee on natural
2-21 resources;
2-22 (6) a member of the Railroad Commission of Texas,
2-23 appointed by the Railroad Commission of Texas;
2-24 (7) a member of the Public Utility Commission of
2-25 Texas, appointed by the Public Utility Commission of Texas; and
2-26 (8) the commissioner of the General Land Office.
2-27 SECTION 2.02. TERMS; VACANCY. (a) Appointed members serve
2-28 for two-year terms expiring February 1 of each odd-numbered year.
2-29 (b) The original appointing authority shall appoint a person
2-30 with similar qualifications to fill the unexpired portion of the
2-31 term of a vacancy of an appointed member of the committee.
2-32 SECTION 2.03. OFFICERS; MEETINGS. (a) The members of the
2-33 committee shall elect annually a presiding officer of the
2-34 committee.
2-35 (b) The committee may elect other officers it considers
2-36 necessary.
2-37 (c) The committee shall meet at least once each calendar
2-38 quarter and at other times at the call of the presiding officer.
2-39 SECTION 2.04. COMPENSATION; EXPENSES. A member of the
2-40 committee may not receive compensation for service performed for
2-41 the committee. A member is entitled to receive reimbursement from
2-42 the energy account, subject to any applicable limitation provided
2-43 by the General Appropriations Act, for actual or necessary expenses
2-44 incurred in performing services as a member of the committee.
2-45 SECTION 2.05. STAFF. (a) The committee may employ staff or
2-46 may use the staff of the governor.
2-47 (b) The committee may not employ an individual, and an
2-48 employee of the committee may not continue in employment with the
2-49 committee, if the individual at the time of employment or while
2-50 employed by the committee is:
2-51 (1) a person required to register under Chapter 305,
2-52 Government Code; or
2-53 (2) a member of the legislature.
2-54 SECTION 2.06. POWERS AND DUTIES. (a) The committee may:
2-55 (1) set priority areas for energy coordination or for
2-56 energy research;
2-57 (2) provide national leadership on emerging energy
2-58 policy;
2-59 (3) adopt rules for the administration of this
2-60 article;
2-61 (4) accept gifts and grants for the administration of
2-62 its duties; and
2-63 (5) use a service or facility contributed to the
2-64 committee by any source.
2-65 (b) The committee shall:
2-66 (1) develop coherent long-term energy policy for this
2-67 state;
2-68 (2) make recommendations to the state and to industry
2-69 regarding energy use; and
2-70 (3) encourage cooperation and coordination between
3-1 public and private entities regarding energy use and energy
3-2 research, development, and commercialization.
3-3 ARTICLE 3. TEXAS ENERGY COORDINATION COUNCIL
3-4 SECTION 3.01. COMPOSITION. (a) The Texas Energy
3-5 Coordination Council is composed of the following ex officio
3-6 members:
3-7 (1) the associate dean for research in the College of
3-8 Engineering at Texas Tech University;
3-9 (2) the director of the Energy System Laboratory of
3-10 Texas A&M University;
3-11 (3) the director of the Center for Energy Studies at
3-12 The University of Texas at Austin;
3-13 (4) the director of the Energy Laboratory of the
3-14 University of Houston; and
3-15 (5) the director of the Alternative Energy Institute
3-16 of West Texas State University.
3-17 (b) The governor shall appoint the following members to
3-18 serve on the council:
3-19 (1) a representative of the natural gas industry;
3-20 (2) a representative of the oil industry;
3-21 (3) a representative of the alternative fuels
3-22 industry;
3-23 (4) a representative of the Texas Sustainable Energy
3-24 Development Council or renewable energy industry;
3-25 (5) a representative of the electric utility industry;
3-26 and
3-27 (6) a representative of an energy consumer
3-28 organization or environmental organization.
3-29 (c) If a postsecondary educational institution eliminates
3-30 the entity whose director serves on the council, the institution
3-31 shall name a representative to serve on the council. The
3-32 representative must be an individual at the institution with
3-33 responsibilities related to the mission of the council and must
3-34 hold a position of a level similar to the level of the position of
3-35 director of the eliminated entity.
3-36 SECTION 3.02. TERMS; VACANCY. (a) Appointed members serve
3-37 for staggered terms of two years, with the terms of three members
3-38 expiring December 31 of each year.
3-39 (b) The governor shall appoint an individual with similar
3-40 qualifications to fill the unexpired portion of the term of a
3-41 vacancy of an appointed member of the council.
3-42 SECTION 3.03. OFFICERS; MEETINGS. (a) The members of the
3-43 council shall elect annually a presiding officer of the council.
3-44 (b) The council may elect other officers it considers
3-45 necessary.
3-46 (c) The council shall meet at least once each calendar
3-47 quarter and at other times at the call of the presiding officer.
3-48 SECTION 3.04. COMPENSATION; EXPENSES. A member of the
3-49 council may not receive compensation for service performed for the
3-50 council. A member is entitled to receive reimbursement, subject to
3-51 any applicable limitation provided by the General Appropriations
3-52 Act, for actual or necessary expenses incurred in performing
3-53 services as a member of the council.
3-54 SECTION 3.05. STAFF. (a) The council may employ staff or
3-55 may use, with the entity's consent, the staff of the coordinating
3-56 board, a participating postsecondary educational institution, or a
3-57 nonprofit research organization or association.
3-58 (b) The council may not employ an individual, and an
3-59 employee of the council may not continue in employment with the
3-60 council, if the individual at the time of employment or while
3-61 employed by the council is:
3-62 (1) a person required to register under Chapter 305,
3-63 Government Code; or
3-64 (2) a member of the legislature.
3-65 SECTION 3.06. DUTIES. The council shall:
3-66 (1) establish an institute for building energy
3-67 efficiency throughout this state;
3-68 (2) adopt strategies to assess energy resources;
3-69 (3) promote energy efficiency in transportation;
3-70 (4) make recommendations to reduce energy consumption
4-1 by the state;
4-2 (5) promote energy efficiency in industry;
4-3 (6) assess the interrelation between energy and the
4-4 environment;
4-5 (7) promote the efficient use of renewable resources;
4-6 (8) evaluate the effects of existing energy taxes on
4-7 the state economy;
4-8 (9) recommend new energy taxes to promote energy
4-9 efficiency;
4-10 (10) promote the formation of consortia to study
4-11 energy uses;
4-12 (11) actively seek monetary support for the purposes
4-13 of this Act;
4-14 (12) coordinate the transfer of energy technology to
4-15 the marketplace;
4-16 (13) promote the use of energy research findings;
4-17 (14) encourage and coordinate energy research among
4-18 postsecondary educational institutions, other public and private
4-19 entities, industrial entities, and nonprofit research entities;
4-20 (15) coordinate energy research among state research
4-21 programs;
4-22 (16) provide criteria and recommendations for the
4-23 awarding of grants for energy research projects approved by state
4-24 research programs;
4-25 (17) promote energy technologies in nonresource areas;
4-26 and
4-27 (18) provide support for the committee.
4-28 SECTION 3.07. POWERS. The council may:
4-29 (1) encourage research collaborations among
4-30 postsecondary educational institutions and nonprofit research
4-31 organizations or associations;
4-32 (2) coordinate information sharing among postsecondary
4-33 educational institutions and nonprofit research organizations or
4-34 associations;
4-35 (3) encourage projects that propose innovative,
4-36 collaborative efforts among two or more postsecondary educational
4-37 institutions or nonprofit research organizations or associations or
4-38 between a postsecondary educational institution or nonprofit
4-39 research organization or association and private industry;
4-40 (4) conduct public relations activities concerning the
4-41 activities of the council;
4-42 (5) develop computer software to facilitate the
4-43 discharge of the council's duties;
4-44 (6) establish a computer data base of energy research
4-45 information that is accessible to all postsecondary educational
4-46 institutions and all nonprofit research organizations or
4-47 associations;
4-48 (7) contract or cooperate with private research
4-49 entities;
4-50 (8) conduct technical seminars on energy research;
4-51 (9) provide information to the public on energy
4-52 research; and
4-53 (10) meet and coordinate with each institution of
4-54 higher education's federal funds coordinator designated under
4-55 Section 751.022(d), Government Code.
4-56 SECTION 3.08. GIFT, GRANT, AND CONTRIBUTED SERVICE OR
4-57 FACILITY. (a) The council may accept a gift or grant from any
4-58 source to be used by the council for the purposes of this Act.
4-59 (b) The council may use a service or facility contributed to
4-60 the council by any source.
4-61 SECTION 3.09. DISTRIBUTION OF GRANTS. (a) The council may
4-62 make grants from funds available to the council to postsecondary
4-63 educational institutions or nonprofit research organizations or
4-64 associations to fund research consistent with the mission of the
4-65 council. To receive a grant from the council, a postsecondary
4-66 educational institution or a nonprofit research organization or
4-67 association must submit to the council an application for the
4-68 grant, on a form prescribed by the council, and a proposal for the
4-69 project for which the grant is sought.
4-70 (b) The council shall approve applications on an equitable
5-1 basis.
5-2 (c) Not later than September 1 of each fiscal year, the
5-3 comptroller shall certify to the council the amount of appropriated
5-4 funds available from which to make grants under this section for
5-5 that fiscal year.
5-6 (d) The council may not approve an application if the amount
5-7 of money required to fund the proposal is greater than an amount
5-8 equal to the total amount of money available to the council to make
5-9 grants under this section for the fiscal year during which the
5-10 award is made.
5-11 (e) For each application approved by the council, the
5-12 council shall certify to the comptroller the amount of funds
5-13 approved for the project. To the extent that funds are available
5-14 for this purpose, the comptroller shall issue a warrant to the
5-15 postsecondary educational institution or nonprofit research
5-16 organization or association in the amount certified in the order
5-17 that the comptroller receives the certification. The warrant shall
5-18 be drawn against the amounts appropriated to the council.
5-19 ARTICLE 4. MISCELLANEOUS PROVISIONS
5-20 SECTION 4.01. TRANSITION. (a) Not later than February 1,
5-21 1994, the Railroad Commission of Texas and the Public Utility
5-22 Commission of Texas shall make initial appointments of members to
5-23 serve on the Texas Committee on Energy Policy for terms expiring
5-24 February 1, 1995.
5-25 (b) Not later than January 1, 1994, the governor shall make
5-26 initial appointments of three representatives to serve on the Texas
5-27 Energy Coordination Council for terms expiring December 31, 1994,
5-28 and three representatives to serve on the council for terms
5-29 expiring December 31, 1995.
5-30 SECTION 4.02. EMERGENCY. The importance of this legislation
5-31 and the crowded condition of the calendars in both houses create an
5-32 emergency and an imperative public necessity that the
5-33 constitutional rule requiring bills to be read on three several
5-34 days in each house be suspended, and this rule is hereby suspended,
5-35 and that this Act take effect and be in force from and after its
5-36 passage, and it is so enacted.
5-37 * * * * *
5-38 Austin,
5-39 Texas
5-40 May 20, 1993
5-41 Hon. Bob Bullock
5-42 President of the Senate
5-43 Sir:
5-44 We, your Committee on Natural Resources to which was referred H.B.
5-45 No. 923, have had the same under consideration, and I am instructed
5-46 to report it back to the Senate with the recommendation that it do
5-47 pass, as amended, and be printed.
5-48 Sims,
5-49 Chairman
5-50 * * * * *
5-51 WITNESSES
5-52 FOR AGAINST ON
5-53 ___________________________________________________________________
5-54 Name: Amy Gilliland x
5-55 Representing: Tx Independent Producers
5-56 City: Austin
5-57 -------------------------------------------------------------------
5-58 Name: Steven Nichols x
5-59 Representing: Center For Energy Studies
5-60 City: Austin
5-61 -------------------------------------------------------------------