Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
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. 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 any state
1-21 agency dealing with or involved in energy related research and
1-22 development including but not limited to:
1-23 (1) The Railroad Commission of Texas;
1-24 (2) The Public Utility Commission of Texas;
2-1 (3) The General Land Office;
2-2 (4) State Energy Conservation Office, a division
2-3 of the General Services Commission;
2-4 (5) The Higher Education Coordinating Board; and
2-5 (6) The Texas Science and Technology Council.
2-6 SECTION 2. Section 1.02, Chapter 793, Acts of the 73rd
2-7 Legislature, Regular Session, 1993 (Article 4413(47f), Vernon's
2-8 Texas Civil Statutes), is amended to read as follows:
2-9 Sec. 1.02. Purpose. The purposes of this Act are to
2-10 [develop a statewide energy policy and to] coordinate the
2-11 development and marketing of all aspects of energy research at
2-12 state agencies, postsecondary educational institutions and at
2-13 nonprofit research organizations or associations, from the
2-14 development of basic theoretical and experimental frameworks to the
2-15 transfer of new energy technology to the marketplace and provide
2-16 policy research on energy matters for the state legislature.
2-17 SECTION 3. Section 1.04. Chapter 793, Acts of the 73rd
2-18 Legislature, Regular Session, 1993 (Article 4413(47f), Vernon's
2-19 Texas Civil Statutes), is amended to read as follows:
2-20 Sec. 1.04. Funding. In addition to money appropriated from
2-21 the energy account, the council is entitled to an appropriation
2-22 each biennium in an amount equal to[:]
2-23 [(1) three times the estimated amount of money raised
2-24 from private sources during the previous biennium, if the estimated
2-25 amount is $500,000 or more but less than $1,000,000;]
2-26 [(2) five times the estimated amount of money raised
2-27 from private sources during the previous biennium, if the estimated
2-28 amount is $1,000,000 or more but less than $1,500,000; and]
2-29 [(3) seven times the estimated amount of money raised
2-30 from private sources during the previous biennium, if the estimated
3-1 amount is $1,500,000 or more, with a maximum entitlement under this
3-2 section of $21 million.] $500,000 in oil overcharge funds and
3-3 unexpended balances.
3-4 SECTION 4. ARTICLE 2., Section 2.01 through Section 2.06,
3-5 Chapter 793, Acts of the 73rd Legislature, Regular Session, 1993
3-6 (Article 4413(47f) Vernon's Texas Civil Statutes), are repealed.
3-7 SECTION 5. Section 3.01, Chapter 793, Acts of the 73rd
3-8 Legislature, Regular Session, 1993 (Article 4413(47f), Vernon's
3-9 Texas Civil Statutes), is amended to read as follows:
3-10 (a) The Texas Energy Coordination Council is a state agency
3-11 composed of the following ex officio members:
3-12 (1) a representative from Texas Tech University to be
3-13 designated by the president of the university;
3-14 (2) the director of the Energy System Laboratory of
3-15 Texas A&M University;
3-16 (3) the director of the Center for Energy Studies at
3-17 The University of Texas at Austin;
3-18 (4) the director of the Energy Laboratory of the
3-19 University of Houston; and
3-20 (5) the director of the Alternative Energy Institute
3-21 of West Texas State University.
3-22 (b) The governor shall appoint the following members to
3-23 serve on the council:
3-24 (1) a representative of the natural gas industry;
3-25 (2) a representative of the oil industry;
3-26 (3) a representative of the alternative fuels
3-27 industry;
3-28 (4) a representative of the Texas Sustainable Energy
3-29 Development Council or renewable energy industry;
3-30 (5) a representative of the electric utility industry;
4-1 (6) a representative of industrial energy consumers;
4-2 and
4-3 (7) a representative of an energy consumer
4-4 organization or environmental organization.
4-5 (c) If a postsecondary educational institution eliminates
4-6 the entity whose director serves on the council, the institution
4-7 shall name a representative to serve on the council. The
4-8 representative must be an individual at the institution with
4-9 responsibilities related to the mission of the council and must
4-10 hold a position of a level similar to the level of the position of
4-11 director of the eliminated entity.
4-12 SECTION 6. Section 3.06, Chapter 793, Acts of the 73rd
4-13 Legislature, Regular Session, 1993 (Article 4413(47f), Vernon's
4-14 Texas Civil Statutes), is amended to read as follows:
4-15 Sec. 3.06. Duties. The council shall:
4-16 (1) establish an institute for building energy
4-17 efficiency throughout this state;
4-18 [(2) adopt strategies to assess energy resources;]
4-19 [(3) promote energy efficiency in transportation;]
4-20 [(4) make recommendations to reduce energy consumption
4-21 by the state;]
4-22 [(5) promote energy efficiency in industry;]
4-23 [(6) assess the interrelation between energy and the
4-24 environment;]
4-25 [(7) promote the efficient use of renewable resources;]
4-26 [(8) evaluate the effects of existing energy taxes on
4-27 the state economy;]
4-28 [(9) recommend new energy taxes to promote energy
4-29 efficiency;]
4-30 (2) advise and assist the legislature in developing
5-1 plans, programs, cost benefit analysis, financial models, and
5-2 proposed legislation in regard to energy policy and the improved
5-3 use of energy resources in Texas;
5-4 (3) determine the long-range needs, assess potential
5-5 problems, and recommend policy priorities for the energy sector in
5-6 the state;
5-7 (4) biennially submit to the legislature, specifically
5-8 the Senate Natural Resources Committee and House Energy Resources
5-9 Committee, a report detailing the actions necessary to promote an
5-10 effective and efficient energy sector;
5-11 [(10)] (5) promote and establish the formation of
5-12 consortia to study energy uses;
5-13 [(11)] (6) actively seek monetary support for the
5-14 purposes of this Act;
5-15 [(12)] (7) coordinate and promote the transfer of
5-16 energy technologies[y] and energy research findings to the
5-17 marketplace;
5-18 [(13) promote the use of energy research findings;]
5-19 [(14)] (8) encourage and coordinate energy research
5-20 among state agencies, postsecondary educational institutions, other
5-21 public and private entities, industrial entities, state research
5-22 programs, and nonprofit research entities;
5-23 [(15) coordinate energy research among state research
5-24 programs;]
5-25 [(16)] (9) provide criteria and recommendations for
5-26 the awarding of grants for energy research projects approved by
5-27 state research programs;
5-28 (10) at its discretion request any state agency,
5-29 postsecondary educational institutions and nonprofit research
5-30 organization or associations to submit any energy related research
6-1 programs for prior approval;
6-2 (11) review all energy related grant applications.
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 [(4)] (3) conduct public relations activities
6-23 concerning the activities of the council;
6-24 [(5)] (4) develop computer software to facilitate the
6-25 discharge of the council's duties;
6-26 [(6)] (5) establish a computer data base of energy
6-27 research information that is accessible to all state agencies,
6-28 postsecondary educational institutions and all nonprofit research
6-29 organizations or associations;
6-30 [(7)] (6) contract or cooperate with the federal
7-1 government or private research entities;
7-2 [(8)] (7) promote and conduct technical seminars on
7-3 energy research;
7-4 [(9)] (8) provide information to the public on energy
7-5 research; [and]
7-6 [(10)] (9) meet and coordinate with each institution
7-7 of higher education's federal funds coordinator designated under
7-8 Section 751.022(d), Government Code.
7-9 (10) enter into Memorandums of Understanding with any
7-10 state agency, postsecondary educational institutions, and all
7-11 nonprofit research organizations or associations to carry out the
7-12 duties of this Act.
7-13 (11) adopt rules for the administration of this Act;
7-14 and
7-15 (12) engage in other activities consistent with the
7-16 responsibilities of this Act.
7-17 SECTION 8. Chapter 793, Acts of the 73rd Legislature,
7-18 Regular Session, 1993 (Article 4413(47f), Vernon's Texas Civil
7-19 Statutes), is amended by adding Section 3.10 to read as follows:
7-20 Sec. 3.10. SUNSET CLAUSE. The council is subject to Chapter
7-21 325 (Texas Sunset Act). Unless continued in existence as provided
7-22 by that chapter, the council is abolished September 1, 1999.
7-23 SECTION 9. Section 4.01, Chapter 793, Acts of the 73rd
7-24 Legislature, Regular Session, 1993 (Article 4413(47f), Vernon's
7-25 Texas Civil Statutes), is
7-26 SECTION 10. The importance of this legislation and the
7-27 crowded condition of the calendars in both houses create an
7-28 emergency and an imperative public necessity that the
7-29 constitutional rule requiring bills to be read on three several
7-30 days in each house be suspended, and this rule is hereby suspended.