By: Anchia H.B. No. 3853

A BILL TO BE ENTITLED

AN ACT

relating to the promotion of Texas energy products, services and technologies in the global marketplace.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 81.0531, Natural Resources Code, is amended to read as follows:

Sec. 81.0531. ADMINISTRATIVE PENALTY. (a) If a person violates provisions of this title which pertain to safety or the prevention or control of pollution or the provisions of a rule, order, license, permit, or certificate which pertain to safety or the prevention or control of pollution and are issued under this title, the person may be assessed a civil penalty by the commission.

(b) The penalty may not exceed $10,000 a day for each violation. Each day a violation continues may be considered a separate violation for purposes of penalty assessments.

(c) In determining the amount of the penalty, the commission shall consider the permittee's history of previous violations, the seriousness of the violation, any hazard to the health or safety of the public, and the demonstrated good faith of the person charged. In determining the amount of the penalty for a violation of a provision of this title or a rule, order, license, permit, or certificate that relates to pipeline safety, the commission shall consider the guidelines adopted under Subsection (d).

(d) The commission by rule shall adopt guidelines to be used in determining the amount of the penalty for a violation of a provision of this title or a rule, order, license, permit, or certificate that relates to pipeline safety. The guidelines shall include a penalty calculation worksheet that specifies the typical penalty for certain violations, circumstances justifying enhancement of a penalty and the amount of the enhancement, and circumstances justifying a reduction in a penalty and the amount of the reduction. The guidelines shall take into account:

(1) the permittee's history of previous violations, including the number of previous violations;

(2) the seriousness of the violation and of any pollution resulting from the violation;

(3) any hazard to the health or safety of the public;

(4) the degree of culpability;

(5) the demonstrated good faith of the person charged; and

(6) any other factor the commission considers relevant.

(e) A penalty collected under this section shall be deposited to the credit of the oil-field cleanup fund.

(f) The commission shall establish an office of energy technology exports and investment, to be funded from the oil-field cleanup fund, to promote the export of energy-related commodities, goods and services in the international marketplace and the promotion and development of infrastructure to support those exports.

SECTION 2. Subchapter B, Chapter 81, Natural Resources Code, is amended by adding section 81.021 to read as follows:

Section 81.021. GLOBAL ENERGY CAPITAL TASK FORCE. (a) In this section, "task force" means the Texas Global Energy Capital Task Force.

(b) An interagency task force is created to:

(1) develop or update a process to allow agencies to work together to study and identify the top foreign markets for Texas' natural gas and other energy resources, potential new investment in Texas' natural gas and other energy resources, and new or expanded businesses active in the energy sector, including but not limited to those which generate a significant volume of patents and other intellectual property, and recommend an integrated, interagency strategy to collaborate with industry, small business, academia, and other key stakeholders, to formulate a strategy to promote Texas energy products, technologies and expertise in the global marketplace;

(2) consult with local governments, educational institutions, economic development and metropolitan planning organizations, workforce development agencies, small business agencies, chambers of commerce, trade associations, and other stakeholders, to elicit recommendations on a statewide strategy to promote energy inventors and entrepreneurs in the international marketplace;

(3) consult with Texas' maritime, air, and other international ports of entry and transportation agencies, regarding infrastructure improvements potentially needed to maximize the trade in natural resources, energy-related products and equipment, and carriers through Texas' statewide intermodal transportation system;

(4) within 90 days of creation, the task force shall receive testimony from current and prospective exporters of liquefied natural gas exports, and related expert testimony, gather recommendations for an action plan for the expeditious development of Texas' LNG export infrastructure, including any needed investments in adjacent or supporting infrastructure; and

(5) develop regulatory and legislative recommendations to eliminate duplication and combine program services.

(c) The task force is composed of the heads of the following agencies or their designees, and other state and local entities to be designated as necessary or appropriate:

(1) the Texas Railroad Commission;

(2) the Texas Department of Transportation;

(3) the Texas Workforce Commission;

(4) the General Land Office;

(5) the Texas Economic Development and Tourism Office;

(6) the Office of State-Federal Relations;

(7) the Texas Higher Education Coordinating Board;

(8) the secretary of state's office;

(9) the Texas Commission on Environmental Quality.

(d) The task force shall be staffed and administered by the office of energy trade and investment of the commission.

(e) The task force shall meet at least once quarterly to report on results of their studies, to invite successful international businesses to share insight into their workforce development needs, to conduct public consultations on key workforce development challenges and opportunities, and to showcase best practices and case studies from other states, provinces and nations.

(f) No later than December 31, 2014, the Task Force shall publish its findings and strategic recommendations, including selected case studies from other nations, and a strategic plan to boost jobs related to exports and foreign direct investment in energy-related small businesses by 20% by the year 2025.

(g) In fulfilling its duties, the task force shall consider opportunities to collaborate with the federal government, including trade promotion and finance programs of the U.S. Department of Commerce, U.S. Department of Energy, U.S. Environmental Protection Agency and other federal government departments, and the effect of federal policies, including trade agreements, upon Texas' energy business opportunities in the global marketplace.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.