By Holzheauser H.B. No. 3492
Substitute the following for H.B. No. 3492:
By Davis C.S.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. In this Act:
1-9 [(1) "Committee" means the Texas Committee on Energy
1-10 Policy.]
1-11 [(2)] (1) "Coordinating board" means the Texas Higher
1-12 Education Coordinating Board.
1-13 [(3)] (2) "Council" means the Texas Energy
1-14 Coordination Council.
1-15 [(4)] (3) "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 development
2-1 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) State Energy Conservation Office, a division
2-6 of the General Services Commission;
2-7 (5) The Higher Education Coordinating Board;
2-8 (6) The Texas Science and Technology Council;
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., Section 2.01 through Section 2.06,
2-25 Chapter 793, Acts of the 73rd Legislature, Regular Session, 1993
2-26 (Article 4413(47f) Vernon's Texas Civil Statutes), are 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 (a) The Texas Energy Coordination Council is a state agency
3-4 composed of the following ex officio members:
3-5 (1) a representative from Texas Tech University to be
3-6 designated by the president of the university;
3-7 (2) the director of the Energy System Laboratory of
3-8 Texas A&M University;
3-9 (3) the director of the Center for Energy Studies at
3-10 The University of Texas at Austin;
3-11 (4) the director of the Energy Laboratory of the
3-12 University of Houston; and
3-13 (5) the director of the Alternative Energy Institute
3-14 of West Texas State University.
3-15 (b) The governor shall appoint the following members to
3-16 serve on the council:
3-17 (1) a representative of the natural gas industry;
3-18 (2) a representative of the oil industry;
3-19 (3) a representative of the alternative fuels
3-20 industry;
3-21 (4) a representative of the Texas Sustainable Energy
3-22 Development Council or renewable energy industry;
3-23 (5) a representative of the electric utility industry;
3-24 (6) a representative of industrial energy consumers;
3-25 and
3-26 (7) a representative of an energy consumer
3-27 organization or environmental organization.
4-1 (c) If a postsecondary educational institution eliminates
4-2 the entity whose director serves on the council, the institution
4-3 shall name a representative to serve on the council. The
4-4 representative must be an individual at the institution with
4-5 responsibilities related to the mission of the council and must
4-6 hold a position of a level similar to the level of the position of
4-7 director of the eliminated entity.
4-8 SECTION 6. Section 3.06, Chapter 793, Acts of the 73rd
4-9 Legislature, Regular Session, 1993 (Article 4413(47f), Vernon's
4-10 Texas Civil Statutes), is amended to read as follows:
4-11 Sec. 3.06. Duties. The council shall:
4-12 (1) establish an institute for building energy
4-13 efficiency throughout this state;
4-14 [(2) adopt strategies to assess energy resources;]
4-15 [(3) promote energy efficiency in transportation;]
4-16 [(4) make recommendations to reduce energy consumption
4-17 by the state;]
4-18 [(5) promote energy efficiency in industry;]
4-19 [(6) assess the interrelation between energy and the
4-20 environment;]
4-21 [(7) promote the efficient use of renewable resources;]
4-22 [(8) evaluate the effects of existing energy taxes on
4-23 the state economy;]
4-24 [(9) recommend new energy taxes to promote energy
4-25 efficiency;]
4-26 (2) advise and assist the legislature in developing
4-27 plans, programs, cost benefit analysis, financial models, and
5-1 proposed legislation in regard to energy policy and the improved
5-2 use of energy resources in Texas;
5-3 (3) determine the long-range needs, assess potential
5-4 problems, and recommend policy priorities for the energy sector in
5-5 the state;
5-6 (4) biennially submit to the Governor and legislature,
5-7 specifically the Senate Natural Resources Committee and House
5-8 Energy Resources Committee, a report detailing the actions
5-9 necessary to promote an effective and efficient energy sector;
5-10 [(10)] (5) promote and establish the formation of
5-11 consortia to study energy uses;
5-12 [(11)] (6) actively seek monetary support for the
5-13 purposes of this Act;
5-14 [(12)] (7) coordinate and promote the transfer of
5-15 energy technologies[y] and energy research findings to the
5-16 marketplace;
5-17 [(13) promote the use of energy research findings;]
5-18 [(14)] (8) encourage and coordinate energy research
5-19 among state agencies, postsecondary educational institutions, other
5-20 public and private entities, industrial entities, state research
5-21 programs, and nonprofit research entities;
5-22 [(15) coordinate energy research among state research
5-23 programs;]
5-24 [(16)] (9) provide criteria and recommendations for
5-25 the awarding of grants for energy research projects approved by
5-26 state research programs;
5-27 (10) at its discretion, request any state agency,
6-1 postsecondary educational institution and nonprofit research
6-2 organization or association that receives state funding to submit
6-3 any energy related research programs for prior approval;
6-4 (11) review all energy related grant applications.
6-5 [(17) promote energy technologies in nonresource
6-6 areas; and]
6-7 [(18) provide support for the committee.]
6-8 SECTION 7. Section 3.07, Chapter 793, Acts of the 73rd
6-9 Legislature, Regular Session, 1993 (Article 4413(47f), Vernon's
6-10 Texas Civil Statutes), is amended to read as follows:
6-11 Sec. 3.07. Powers. The council may:
6-12 (1) encourage research collaborations and coordinate
6-13 information sharing among state agencies, postsecondary educational
6-14 institutions and nonprofit research organizations or associations;
6-15 (2) [coordinate information sharing among
6-16 postsecondary educational institutions and nonprofit research
6-17 organizations or associations;]
6-18 [(3)] encourage projects that propose innovative,
6-19 collaborative efforts among two or more state agencies,
6-20 postsecondary educational institutions or nonprofit research
6-21 organizations or associations or between a postsecondary
6-22 educational institution or nonprofit research organization or
6-23 association and private industry;
6-24 [(4)] (3) conduct public relations activities
6-25 concerning the activities of the council;
6-26 [(5)] (4) develop computer software to facilitate the
6-27 discharge of the council's duties;
7-1 [(6)] (5) establish a computer data base of energy
7-2 research information that is accessible to all state agencies,
7-3 postsecondary educational institutions and all nonprofit research
7-4 organizations or associations;
7-5 [(7)] (6) contract or cooperate with the federal
7-6 government or private research entities;
7-7 [(8)] (7) promote and conduct technical seminars on
7-8 energy research;
7-9 [(9)] (8) provide information to the public on energy
7-10 research; [and]
7-11 [(10)] (9) 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 and
7-20 (12) engage in other activities consistent with the
7-21 responsibilities of this Act.
7-22 SECTION 8. Chapter 793, Acts of the 73rd Legislature,
7-23 Regular Session, 1993 (Article 4413(47f), Vernon's Texas Civil
7-24 Statutes), is amended by adding Section 3.10 to read as follows:
7-25 Sec. 3.10. SUNSET CLAUSE. The council is subject to Chapter
7-26 325 (Texas Sunset Act). Unless continued in existence as provided
7-27 by that chapter, the council is abolished September 1, 1999.
8-1 SECTION 9. Section 4.01, Chapter 793, Acts of the 73rd
8-2 Legislature, Regular Session, 1993 (Article 4413(47f), Vernon's
8-3 Texas Civil Statutes), is repealed.
8-4 SECTION 10. The importance of this legislation and the
8-5 crowded condition of the calendars in both houses create an
8-6 emergency and an imperative public necessity that the
8-7 constitutional rule requiring bills to be read on three several
8-8 days in each house be suspended, and this rule is hereby suspended.