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A BILL TO BE ENTITLED
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AN ACT
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relating to an advisory body on the security of the electric grid. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 39, Utilities Code, is |
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amended by adding Section 39.917 to read as follows: |
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Sec. 39.917. TEXAS ELECTRIC GRID SECURITY COUNCIL. (a) The |
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legislature finds that there is a public interest in mitigating the |
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risk of cyber and physical attacks that may affect the reliability |
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of electric systems operating in Texas. The Texas Electric Grid |
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Security Council is established as an advisory body to facilitate |
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the creation, aggregation, coordination, and dissemination of best |
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security practices for the electric industry, including the |
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generation, transmission, and delivery of electricity. |
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(b) The Texas Electric Grid Security Council is composed of: |
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(1) the commissioner designated as presiding officer |
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of the commission under Section 12.052 or a representative |
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designated by the commissioner; |
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(2) the chief executive officer of the independent |
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organization certified under Section 39.151 for the ERCOT power |
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region or a representative designated by the chief executive |
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officer; and |
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(3) the governor or a representative designated by the |
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governor. |
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(c) The member of the council designated by Subsection |
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(b)(1) shall serve as presiding officer. |
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(d) The council shall convene at the call of the presiding |
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officer. |
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(e) A member of the council is not entitled to compensation. |
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Members are entitled to reimbursement for travel and other |
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necessary expenses related to the activities of the council as |
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provided by the General Appropriations Act. |
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(f) A member of the council may apply for a secret security |
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clearance or an interim security clearance granted by the United |
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States government. A member of the council may not access |
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classified information or participate in a briefing or meeting |
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involving classified information unless the member has a secret |
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security clearance. |
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(g) The independent organization certified under Section |
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39.151 shall: |
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(1) provide information and resources requested by the |
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council; and |
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(2) maintain nonclassified information obtained or |
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created by the council, provide members of the council with access |
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to the information, and retain the information for five years after |
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the date that the council obtains or creates the information. |
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(h) In carrying out its functions, the council may consult |
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and coordinate with: |
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(1) the Texas Division of Emergency Management; |
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(2) the United States Department of Energy; |
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(3) the United States Department of Homeland Security; |
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(4) the North American Electric Reliability |
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Corporation; |
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(5) the Texas Reliability Entity; |
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(6) federal and state agencies; |
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(7) members of the electric industry; and |
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(8) grid security experts. |
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(i) On a request by the governor, the lieutenant governor, |
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the chair of the house of representatives committee having |
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jurisdiction over energy utility regulation, or the chair of the |
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senate committee having jurisdiction over energy utility |
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regulation, the council shall issue to the requestor |
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recommendations regarding: |
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(1) the development of educational programs or |
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marketing materials to promote the development of a grid security |
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workforce; |
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(2) the development of grid security best practices; |
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(3) preparation for events that threaten grid |
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security; and |
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(4) amendments to the state emergency management plan |
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to ensure coordinated and adaptable response and recovery efforts |
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after events that threaten grid security. |
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(j) The council may prepare a report outlining grid security |
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response efforts that do not involve classified or highly |
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sensitive, company-specific information. If the council prepares |
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the report, the council shall deliver the report to the governor, |
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lieutenant governor, and legislature on or before the December 1 |
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immediately preceding a regular session of the legislature. |
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(k) The meetings of the council and information obtained or |
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created by the council are not subject to the requirements of |
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Chapter 551 or 552, Government Code. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2019. |