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.

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