By Holzheauser H.B. No. 3492
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Texas Committee on Energy Policy and the Texas
1-3 Energy Coordination Council.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1.01, Chapter 793, Acts of the 73rd
1-6 Legislature, Regular Session, 1993 (Article 4413(47f), Vernon's
1-7 Texas Civil Statutes), is amended to read as follows:
1-8 Sec. 1.01. DEFINITIONS. In this Act:
1-9 (1) ["Committee" means the Texas Committee on Energy
1-10 Policy.]
1-11 [(2)] "Coordinating board" means the Texas Higher
1-12 Education Coordinating Board.
1-13 (2) [(3)] "Council" means the Texas Energy
1-14 Coordination Council.
1-15 (3) [(4)] "Postsecondary educational institution"
1-16 means an institution of higher education as defined by Section
1-17 61.003, Education Code, or a private or independent college or
1-18 university that is accredited by a recognized accrediting agency,
1-19 as defined by that section.
1-20 (4) "State agency" in this chapter means a department,
1-21 commission, board, office, council, or other agency in the
1-22 executive or judicial branch of state government that is created by
1-23 the constitution, a statute of this state, or executive order
1-24 dealing with or involved in energy-related research and
2-1 development, including but not limited to:
2-2 (1) the Railroad Commission of Texas;
2-3 (2) the Public Utility Commission of Texas;
2-4 (3) the General Land Office;
2-5 (4) the state energy conservation office, a division
2-6 of the General Services Commission;
2-7 (5) the Texas Higher Education Coordinating Board;
2-8 (6) the Texas Science and Technology Council; and
2-9 (7) Texas river authorities.
2-10 SECTION 2. Section 1.02, Chapter 793, Acts of the 73rd
2-11 Legislature, Regular Session, 1993 (Article 4413(47f), Vernon's
2-12 Texas Civil Statutes), is amended to read as follows:
2-13 Sec. 1.02. Purpose. The purposes of this Act are to
2-14 [develop a statewide energy policy and to] coordinate the
2-15 development and marketing of all aspects of energy research at
2-16 state agencies, postsecondary educational institutions, and [at]
2-17 nonprofit research organizations or associations, from the
2-18 development of basic theoretical and experimental frameworks to the
2-19 transfer of new energy technology to the marketplace, and provide
2-20 policy research on energy matters for the state legislature.
2-21 SECTION 3. Section 1.04, Chapter 793, Acts of the 73rd
2-22 Legislature, Regular Session, 1993 (Article 4413(47f), Vernon's
2-23 Texas Civil Statutes), is repealed.
2-24 SECTION 4. Article 2 (Sections 2.01-2.06), Chapter 793, Acts
2-25 of the 73rd Legislature, Regular Session, 1993 (Article 4413(47f),
2-26 Vernon's Texas Civil Statutes), is repealed.
2-27 SECTION 5. Section 3.01, Chapter 793, Acts of the 73rd
3-1 Legislature, Regular Session, 1993 (Article 4413(47f), Vernon's
3-2 Texas Civil Statutes), is amended to read as follows:
3-3 Sec. 3.01. COMPOSITION. (a) The Texas Energy Coordination
3-4 Council is a state agency composed of the following ex officio
3-5 members:
3-6 (1) a representative from Texas Tech University to be
3-7 designated by the president of the university;
3-8 (2) the director of the Energy System Laboratory of
3-9 Texas A&M University;
3-10 (3) the director of the Center for Energy Studies at
3-11 The University of Texas at Austin;
3-12 (4) the director of the Energy Laboratory of the
3-13 University of Houston; and
3-14 (5) the director of the Alternative Energy Institute
3-15 of West Texas State University.
3-16 (b) The governor shall appoint the following members to
3-17 serve on the council:
3-18 (1) a representative of the natural gas industry;
3-19 (2) a representative of the oil industry;
3-20 (3) a representative of the alternative fuels
3-21 industry;
3-22 (4) a representative of the Texas Sustainable Energy
3-23 Development Council or renewable energy industry;
3-24 (5) a representative of the electric utility industry;
3-25 (6) a representative of industrial energy consumers;
3-26 and
3-27 (7) a representative of an energy consumer
4-1 organization or environmental organization.
4-2 (c) If a postsecondary educational institution eliminates
4-3 the entity whose director serves on the council, the institution
4-4 shall name a representative to serve on the council. The
4-5 representative must be an individual at the institution with
4-6 responsibilities related to the mission of the council and must
4-7 hold a position of a level similar to the level of the position of
4-8 director of the eliminated entity.
4-9 SECTION 6. Section 3.06, Chapter 793, Acts of the 73rd
4-10 Legislature, Regular Session, 1993 (Article 4413(47f), Vernon's
4-11 Texas Civil Statutes), is amended to read as follows:
4-12 Sec. 3.06. Duties. The council shall:
4-13 (1) establish an institute for building energy
4-14 efficiency throughout this state;
4-15 (2) [adopt strategies to assess energy resources;]
4-16 [(3) promote energy efficiency in transportation;]
4-17 [(4) make recommendations to reduce energy consumption
4-18 by the state;]
4-19 [(5) promote energy efficiency in industry;]
4-20 [(6) assess the interrelation between energy and the
4-21 environment;]
4-22 [(7)] promote the efficient use of renewable
4-23 resources;
4-24 (3) advise and assist the legislature in developing
4-25 plans, programs, cost-benefit analyses, financial models, and
4-26 proposed legislation in regard to energy policy and the improved
4-27 use of energy resources in Texas;
5-1 (4) determine the long-range needs, assess potential
5-2 problems, assess the interrelation between energy and the
5-3 environment, and recommend policy priorities for the energy sector
5-4 in the state;
5-5 (5) biennially submit to the governor and legislature,
5-6 specifically the Senate Natural Resources Committee and House
5-7 Energy Resources Committee, a report detailing the actions
5-8 necessary to promote an effective and efficient energy sector;
5-9 (6) [(8) evaluate the effects of existing energy taxes
5-10 on the state economy;]
5-11 [(9) recommend new energy taxes to promote energy
5-12 efficiency;]
5-13 [(10)] promote and establish the formation of
5-14 consortia to study energy uses;
5-15 (7) [(11)] actively seek monetary support for the
5-16 purposes of this Act;
5-17 (8) [(12)] coordinate and promote the transfer of
5-18 energy technologies and energy research findings [technology] to
5-19 the marketplace;
5-20 (9) [(13) promote the use of energy research findings;]
5-21 [(14)] encourage and coordinate energy research among
5-22 state agencies, postsecondary educational institutions, other
5-23 public and private entities, industrial entities, state research
5-24 programs, and nonprofit research entities; and
5-25 (10) [(15) coordinate energy research among state
5-26 research programs;]
5-27 [(16)] provide criteria and recommendations for the
6-1 awarding of grants for energy research projects approved by state
6-2 research programs[;]
6-3 [(17) promote energy technologies in nonresource
6-4 areas; and]
6-5 [(18) provide support for the committee].
6-6 SECTION 7. Section 3.07, Chapter 793, Acts of the 73rd
6-7 Legislature, Regular Session, 1993 (Article 4413(47f), Vernon's
6-8 Texas Civil Statutes), is amended to read as follows:
6-9 Sec. 3.07. Powers. The council may:
6-10 (1) encourage research collaborations and coordinate
6-11 information sharing among state agencies, postsecondary educational
6-12 institutions, and nonprofit research organizations or associations;
6-13 (2) [coordinate information sharing among
6-14 postsecondary educational institutions and nonprofit research
6-15 organizations or associations;]
6-16 [(3)] encourage projects that propose innovative,
6-17 collaborative efforts among two or more state agencies,
6-18 postsecondary educational institutions, or nonprofit research
6-19 organizations or associations or between a postsecondary
6-20 educational institution or nonprofit research organization or
6-21 association and private industry;
6-22 (3) [(4)] conduct public relations activities
6-23 concerning the activities of the council;
6-24 (4) [(5)] develop computer software to facilitate the
6-25 discharge of the council's duties;
6-26 (5) [(6)] establish a clearinghouse [computer data
6-27 base] of energy research information that is accessible to all
7-1 state agencies, postsecondary educational institutions, and all
7-2 nonprofit research organizations or associations. The council may
7-3 obtain from other state agencies appropriate information needed to
7-4 carry out this function;
7-5 (6) [(7)] contract or cooperate with the federal
7-6 government or private research entities;
7-7 (7) promote and [(8)] conduct technical seminars on
7-8 energy research;
7-9 (8) [(9)] provide information to the public on energy
7-10 research; [and]
7-11 (9) [(10)] meet and coordinate with each institution
7-12 of higher education's federal funds coordinator designated under
7-13 Section 751.022(d), Government Code;
7-14 (10) enter into memorandums of understanding with any
7-15 state agency, postsecondary educational institutions, and all
7-16 nonprofit research organizations or associations to carry out the
7-17 duties of this Act;
7-18 (11) adopt rules for the administration of this Act;
7-19 (12) engage in other activities consistent with the
7-20 responsibilities of this Act;
7-21 (13) request that any state agency submit any
7-22 energy-related research programs for prior approval; and
7-23 (14) review energy-related grant applications.
7-24 SECTION 8. Chapter 793, Acts of the 73rd Legislature,
7-25 Regular Session, 1993 (Article 4413(47f), Vernon's Texas Civil
7-26 Statutes), is amended by adding Section 3.10 to read as follows:
7-27 Sec. 3.10. FEDERAL FUNDS. Nothing in this Act shall be
8-1 construed as to hinder a state agency's ability to obtain federal
8-2 funds.
8-3 SECTION 9. Chapter 793, Acts of the 73rd Legislature,
8-4 Regular Session, 1993 (Article 4413(47f), Vernon's Texas Civil
8-5 Statutes), is amended by adding Section 3.11 to read as follows:
8-6 Sec. 3.11. SUNSET PROVISION. The council is subject to
8-7 Chapter 325, Government Code (Texas Sunset Act). Unless continued
8-8 in existence as provided by that chapter, the council is abolished
8-9 September 1, 2001.
8-10 SECTION 10. Section 4.01, Chapter 793, Acts of the 73rd
8-11 Legislature, Regular Session, 1993 (Article 4413(47f), Vernon's
8-12 Texas Civil Statutes), is repealed.
8-13 SECTION 11. The importance of this legislation and the
8-14 crowded condition of the calendars in both houses create an
8-15 emergency and an imperative public necessity that the
8-16 constitutional rule requiring bills to be read on three several
8-17 days in each house be suspended, and this rule is hereby suspended.