By:  West                                                         H.B. No. 3094


A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Texas Energy Planning Council. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Title 3, Natural Resources Code, is amended by adding Chapter 94 to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS.
Sec. 94.001. SHORT TITLE. This Act may be cited at the Texas Energy Planning Council Act. Sec. 94.002. PURPOSE. This section hereby creates the Texas Energy Planning Council to advise the Governor and legislature on energy issues and initiatives, and to coordinate and streamline statewide energy policy for the future economic growth and prosperity of the State of Texas. Sec. 94.003. DEFINITION. In this chapter, "council" shall mean the Texas Energy Planning Council. Sec. 94.004. COUNCIL MEMBERS. (a) The membership of the Texas Energy Planning Council shall include: (1) a member of the Railroad Commission of Texas; (2) a member of the Texas Senate, appointed by the Lieutenant Governor; (3) a member of the Texas House of Representatives, appointed by the Speaker of the House of Representatives; (4) the Commissioner of the General Land Office; (5) a member of the Public Utility Commission; (6) a member of the Texas Commission on Environmental Quality; (7) a member of the Texas Transportation Commission; and (8) four members of the public, appointed by the Governor. Sec. 94.005. TERMS; VACANCIES. (a) The appointed members of the council shall serve for staggered two-year terms, with the terms expiring December 31st of each odd-numbered year. (b) A vacancy in a council position shall be filled for the unexpired portion of the term in the same manner as the original appointment. Sec. 94.006. OFFICERS. (a) The council shall be chaired by the Railroad Commission member. (b) The council may elect other officers it considers necessary. Sec. 94.007. COUNCIL MEMBER ELIGIBILITY. (a) In this section, "Texas trade association" means a cooperative and voluntarily joined association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest. (b) A person may not be a member of the council if: (1) the person is an officer, employee, or paid consultant of a Texas trade association in a field directly related to the operations of the council; or (2) the person's spouse is an officer, manager, or paid consultant of a Texas trade association in a field directly related to the operations of the council; or (3) the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the council. Sec. 94.008. POWERS AND DUTIES OF THE COUNCIL. The council is hereby created to coordinate, facilitate and expedite key Texas energy projects and policy and to advise the Governor and legislature on various energy issues and initiatives including, but not limited to, the following: (1) biennially review existing Texas energy policy and suggest revisions to the Governor and legislature as appropriate; (2) find ways to streamline bureaucratic inefficiencies and minimize jurisdictional overlap and duplication among state entities regarding energy issues; (3) study future Texas energy infrastructure needs; (4) study the role that traditional as well as alternative sources of energy such as renewable energy, nuclear energy, coal gasification, and fuel cell technology should play in supplying Texas' future energy needs; (5) coordinate Texas energy initiatives with those of other states; (6) facilitate global energy relationships and opportunities and encourage mutually beneficial international energy cooperation with Mexico and Canada; (7) plan for the interrelated needs of energy and transportation; (8) provide a single, unified voice for Texas energy interests at the state, national, and international levels by: (A) working with the Texas Congressional delegation, U.S. Department of Energy, and other appropriate federal entities to solicit federal support and funding for Texas energy projects; (B) providing input to help develop federal energy policy and legislation, such as encouraging the Federal Energy Bill and encouraging the lifting of offshore exploration moratoria; (C) supporting FutureGen and clean coal technology research; (D) encouraging the development of federal air regulations that ensure continued vitality of the Texas lignite and coal industry; and (E) participating in studies regarding high-level nuclear waste issues. Sec. 94.009. COUNCIL MEETINGS. The council shall meet at least once each calender quarter and at other times at the call of the council chairman. Sec. 94.010. ADMINISTRATIVE SUPPORT. The Railroad Commission of Texas and other appropriate state agencies shall provide administrative support for the Council. Sec. 94.011. ADVISORY COMMITTEES. The council may regularly consult with and seek input from various non-governmental sectors, such as industry, public and higher education and research. The council may create one or more subcommittees and advisory panels as the council finds appropriate. Sec. 94.012. SUNSET PROVISION. The council is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the council is abolished and this chapter expires September 1, 2011. SECTION 2. (a) Pursuant to Section 94.004., Natural Resources Code, as added by this Act, the Governor, Lieutenant Governor, and the Speaker of the House of Representatives shall make their appointments to the council, as required by that section, not later than December 1, 2005. (b) Pursuant to Section 94.004., Natural Resources Code, as added by this Act, not later than December 1, 2005, and thereafter as necessary: (1) the Railroad Commission shall elect one of its members to serve on the council; (2) the Public Utility Commission shall elect one of its members to serve on the council; (3) the Texas Commission on Environmental Quality shall elect on of its members to serve on the council; and (4) the Texas Department of Transportation shall elect one of its members to serve on the council. SECTION 3. This Act takes effect September 1, 2005.