1-1 By: Holzheauser (Senate Sponsor - Brown) H.B. No. 3492
1-2 (In the Senate - Received from the House May 5, 1997;
1-3 May 6, 1997, read first time and referred to Committee on Natural
1-4 Resources; May 16, 1997, reported favorably by the following vote:
1-5 Yeas 10, Nays 0; May 16, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the Texas Committee on Energy Policy and the Texas
1-9 Energy Coordination Council.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 1.01, Chapter 793, Acts of the 73rd
1-12 Legislature, Regular Session, 1993 (Article 4413(47f), Vernon's
1-13 Texas Civil Statutes), is amended to read as follows:
1-14 Sec. 1.01. DEFINITIONS. In this Act:
1-15 (1) ["Committee" means the Texas Committee on Energy
1-16 Policy.]
1-17 [(2)] "Coordinating board" means the Texas Higher
1-18 Education Coordinating Board.
1-19 (2) [(3)] "Council" means the Texas Energy
1-20 Coordination Council.
1-21 (3) [(4)] "Postsecondary educational institution"
1-22 means an institution of higher education as defined by Section
1-23 61.003, Education Code, or a private or independent college or
1-24 university that is accredited by a recognized accrediting agency,
1-25 as defined by that section.
1-26 (4) "State agency" in this chapter means a department,
1-27 commission, board, office, council, or other agency in the
1-28 executive or judicial branch of state government that is created by
1-29 the constitution, a statute of this state, or executive order
1-30 dealing with or involved in energy-related research and
1-31 development, including but not limited to:
1-32 (1) the Railroad Commission of Texas;
1-33 (2) the Public Utility Commission of Texas;
1-34 (3) the General Land Office;
1-35 (4) the state energy conservation office, a division
1-36 of the General Services Commission;
1-37 (5) the Texas Higher Education Coordinating Board;
1-38 (6) the Texas Science and Technology Council; and
1-39 (7) Texas river authorities.
1-40 SECTION 2. Section 1.02, Chapter 793, Acts of the 73rd
1-41 Legislature, Regular Session, 1993 (Article 4413(47f), Vernon's
1-42 Texas Civil Statutes), is amended to read as follows:
1-43 Sec. 1.02. Purpose. The purposes of this Act are to
1-44 [develop a statewide energy policy and to] coordinate the
1-45 development and marketing of all aspects of energy research at
1-46 state agencies, postsecondary educational institutions, and [at]
1-47 nonprofit research organizations or associations, from the
1-48 development of basic theoretical and experimental frameworks to the
1-49 transfer of new energy technology to the marketplace, and provide
1-50 policy research on energy matters for the state legislature.
1-51 SECTION 3. Section 1.04, Chapter 793, Acts of the 73rd
1-52 Legislature, Regular Session, 1993 (Article 4413(47f), Vernon's
1-53 Texas Civil Statutes), is repealed.
1-54 SECTION 4. Article 2 (Sections 2.01-2.06), Chapter 793, Acts
1-55 of the 73rd Legislature, Regular Session, 1993 (Article 4413(47f),
1-56 Vernon's Texas Civil Statutes), is repealed.
1-57 SECTION 5. Section 3.01, Chapter 793, Acts of the 73rd
1-58 Legislature, Regular Session, 1993 (Article 4413(47f), Vernon's
1-59 Texas Civil Statutes), is amended to read as follows:
1-60 Sec. 3.01. COMPOSITION. (a) The Texas Energy Coordination
1-61 Council is a state agency composed of the following ex officio
1-62 members:
1-63 (1) a representative from Texas Tech University to be
1-64 designated by the president of the university;
2-1 (2) the director of the Energy System Laboratory of
2-2 Texas A&M University;
2-3 (3) the director of the Center for Energy Studies at
2-4 The University of Texas at Austin;
2-5 (4) the director of the Energy Laboratory of the
2-6 University of Houston; and
2-7 (5) the director of the Alternative Energy Institute
2-8 of West Texas State University.
2-9 (b) The governor shall appoint the following members to
2-10 serve on the council:
2-11 (1) a representative of the natural gas industry;
2-12 (2) a representative of the oil industry;
2-13 (3) a representative of the alternative fuels
2-14 industry;
2-15 (4) a representative of the Texas Sustainable Energy
2-16 Development Council or renewable energy industry;
2-17 (5) a representative of the electric utility industry;
2-18 (6) a representative of industrial energy consumers;
2-19 and
2-20 (7) a representative of an energy consumer
2-21 organization or environmental organization.
2-22 (c) If a postsecondary educational institution eliminates
2-23 the entity whose director serves on the council, the institution
2-24 shall name a representative to serve on the council. The
2-25 representative must be an individual at the institution with
2-26 responsibilities related to the mission of the council and must
2-27 hold a position of a level similar to the level of the position of
2-28 director of the eliminated entity.
2-29 SECTION 6. Section 3.06, Chapter 793, Acts of the 73rd
2-30 Legislature, Regular Session, 1993 (Article 4413(47f), Vernon's
2-31 Texas Civil Statutes), is amended to read as follows:
2-32 Sec. 3.06. Duties. The council shall:
2-33 (1) establish an institute for building energy
2-34 efficiency throughout this state;
2-35 (2) [adopt strategies to assess energy resources;]
2-36 [(3) promote energy efficiency in transportation;]
2-37 [(4) make recommendations to reduce energy consumption
2-38 by the state;]
2-39 [(5) promote energy efficiency in industry;]
2-40 [(6) assess the interrelation between energy and the
2-41 environment;]
2-42 [(7)] promote the efficient use of renewable
2-43 resources;
2-44 (3) advise and assist the legislature in developing
2-45 plans, programs, cost-benefit analyses, financial models, and
2-46 proposed legislation in regard to energy policy and the improved
2-47 use of energy resources in Texas;
2-48 (4) determine the long-range needs, assess potential
2-49 problems, assess the interrelation between energy and the
2-50 environment, and recommend policy priorities for the energy sector
2-51 in the state;
2-52 (5) biennially submit to the governor and legislature,
2-53 specifically the Senate Natural Resources Committee and House
2-54 Energy Resources Committee, a report detailing the actions
2-55 necessary to promote an effective and efficient energy sector;
2-56 (6) [(8) evaluate the effects of existing energy taxes
2-57 on the state economy;]
2-58 [(9) recommend new energy taxes to promote energy
2-59 efficiency;]
2-60 [(10)] promote and establish the formation of
2-61 consortia to study energy uses;
2-62 (7) [(11)] actively seek monetary support for the
2-63 purposes of this Act;
2-64 (8) [(12)] coordinate and promote the transfer of
2-65 energy technologies and energy research findings [technology] to
2-66 the marketplace;
2-67 (9) [(13) promote the use of energy research findings;]
2-68 [(14)] encourage and coordinate energy research among
2-69 state agencies, postsecondary educational institutions, other
3-1 public and private entities, industrial entities, state research
3-2 programs, and nonprofit research entities; and
3-3 (10) [(15) coordinate energy research among state
3-4 research programs;]
3-5 [(16)] provide criteria and recommendations for the
3-6 awarding of grants for energy research projects approved by state
3-7 research programs[;]
3-8 [(17) promote energy technologies in nonresource
3-9 areas; and]
3-10 [(18) provide support for the committee].
3-11 SECTION 7. Section 3.07, Chapter 793, Acts of the 73rd
3-12 Legislature, Regular Session, 1993 (Article 4413(47f), Vernon's
3-13 Texas Civil Statutes), is amended to read as follows:
3-14 Sec. 3.07. Powers. The council may:
3-15 (1) encourage research collaborations and coordinate
3-16 information sharing among state agencies, postsecondary educational
3-17 institutions, and nonprofit research organizations or associations;
3-18 (2) [coordinate information sharing among
3-19 postsecondary educational institutions and nonprofit research
3-20 organizations or associations;]
3-21 [(3)] encourage projects that propose innovative,
3-22 collaborative efforts among two or more state agencies,
3-23 postsecondary educational institutions, or nonprofit research
3-24 organizations or associations or between a postsecondary
3-25 educational institution or nonprofit research organization or
3-26 association and private industry;
3-27 (3) [(4)] conduct public relations activities
3-28 concerning the activities of the council;
3-29 (4) [(5)] develop computer software to facilitate the
3-30 discharge of the council's duties;
3-31 (5) [(6)] establish a clearinghouse [computer data
3-32 base] of energy research information that is accessible to all
3-33 state agencies, postsecondary educational institutions, and all
3-34 nonprofit research organizations or associations. The council may
3-35 obtain from other state agencies appropriate information needed to
3-36 carry out this function;
3-37 (6) [(7)] contract or cooperate with the federal
3-38 government or private research entities;
3-39 (7) promote and [(8)] conduct technical seminars on
3-40 energy research;
3-41 (8) [(9)] provide information to the public on energy
3-42 research; [and]
3-43 (9) [(10)] meet and coordinate with each institution
3-44 of higher education's federal funds coordinator designated under
3-45 Section 751.022(d), Government Code;
3-46 (10) enter into memorandums of understanding with any
3-47 state agency, postsecondary educational institutions, and all
3-48 nonprofit research organizations or associations to carry out the
3-49 duties of this Act;
3-50 (11) adopt rules for the administration of this Act;
3-51 (12) engage in other activities consistent with the
3-52 responsibilities of this Act;
3-53 (13) request that any state agency submit any
3-54 energy-related research programs for prior approval; and
3-55 (14) review energy-related grant applications.
3-56 SECTION 8. Chapter 793, Acts of the 73rd Legislature,
3-57 Regular Session, 1993 (Article 4413(47f), Vernon's Texas Civil
3-58 Statutes), is amended by adding Section 3.10 to read as follows:
3-59 Sec. 3.10. FEDERAL FUNDS. Nothing in this Act shall be
3-60 construed as to hinder a state agency's ability to obtain federal
3-61 funds.
3-62 SECTION 9. Chapter 793, Acts of the 73rd Legislature,
3-63 Regular Session, 1993 (Article 4413(47f), Vernon's Texas Civil
3-64 Statutes), is amended by adding Section 3.11 to read as follows:
3-65 Sec. 3.11. SUNSET PROVISION. The council is subject to
3-66 Chapter 325, Government Code (Texas Sunset Act). Unless continued
3-67 in existence as provided by that chapter, the council is abolished
3-68 September 1, 2001.
3-69 SECTION 10. Section 4.01, Chapter 793, Acts of the 73rd
4-1 Legislature, Regular Session, 1993 (Article 4413(47f), Vernon's
4-2 Texas Civil Statutes), is repealed.
4-3 SECTION 11. The importance of this legislation and the
4-4 crowded condition of the calendars in both houses create an
4-5 emergency and an imperative public necessity that the
4-6 constitutional rule requiring bills to be read on three several
4-7 days in each house be suspended, and this rule is hereby suspended.
4-8 * * * * *