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.