86R3648 BRG-F
 
  By: Hernandez H.B. No. 3378
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an advisory body on the security of the electric grid.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter Z, Chapter 39, Utilities Code, is
  amended by adding Section 39.917 to read as follows:
         Sec. 39.917.  TEXAS ELECTRIC GRID SECURITY COUNCIL. (a) The
  legislature finds that there is a public interest in mitigating the
  risk of cyber and physical attacks that may affect the reliability
  of electric systems operating in Texas. The Texas Electric Grid
  Security Council is established as an advisory body to facilitate
  the creation, aggregation, coordination, and dissemination of best
  security practices for the electric industry, including the
  generation, transmission, and delivery of electricity.
         (b)  The Texas Electric Grid Security Council is composed of:
               (1)  the commissioner designated as presiding officer
  of the commission under Section 12.052 or a representative
  designated by the commissioner;
               (2)  the chief executive officer of the independent
  organization certified under Section 39.151 for the ERCOT power
  region or a representative designated by the chief executive
  officer; and
               (3)  the governor or a representative designated by the
  governor.
         (c)  The member of the council designated by Subsection
  (b)(1) shall serve as presiding officer. 
         (d)  The council shall convene at the call of the presiding
  officer.
         (e)  A member of the council is not entitled to compensation.
  Members are entitled to reimbursement for travel and other
  necessary expenses related to the activities of the council as
  provided by the General Appropriations Act.
         (f)  A member of the council may apply for a secret security
  clearance or an interim security clearance granted by the United
  States government. A member of the council may not access
  classified information or participate in a briefing or meeting
  involving classified information unless the member has a secret
  security clearance.
         (g)  The independent organization certified under Section
  39.151 shall provide information and resources requested by the
  council.
         (h)  In carrying out its functions, the council may consult
  and coordinate with:
               (1)  the Texas Division of Emergency Management; 
               (2)  the United States Department of Energy;
               (3)  the United States Department of Homeland Security;
               (4)  the North American Electric Reliability
  Corporation;
               (5)  federal and state agencies;
               (6)  members of the electric industry; and
               (7)  grid security experts.
         (i)  On a request by the governor, the lieutenant governor,
  the chair of the house of representatives committee having
  jurisdiction over energy utility regulation, or the chair of the
  senate committee having jurisdiction over energy utility
  regulation, the council shall issue to the requestor
  recommendations regarding:
               (1)  the development of a grid security workforce;
               (2)  the development and implementation of grid
  security standards and practices;
               (3)  preparation for events that threaten grid
  security; and
               (4)  amendments to the state emergency management plan
  to ensure coordinated and adaptable response and recovery efforts
  after events that threaten grid security.
         (j)  The council may prepare a report outlining grid security
  response efforts that do not involve classified information. If the
  council prepares the report, the council shall deliver the report
  to the governor, lieutenant governor, and legislature on or before
  the December 1 immediately preceding a regular session of the
  legislature.
         (k)  The meetings, recommendations, work, and findings of
  the council are not subject to the requirements of Chapters 551 or
  552, Government Code.
         SECTION 2.  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, 2019.