Bill Text: TX HB13 | 2021-2022 | 87th Legislature | Engrossed
Bill Title: Relating to the establishment of the Texas Energy Disaster Reliability Council.
Spectrum: Slight Partisan Bill (Republican 23-8)
Status: (Engrossed - Dead) 2021-05-03 - Left pending in committee [HB13 Detail]
Download: Texas-2021-HB13-Engrossed.html
By: Paddie, et al. | H.B. No. 13 |
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relating to the establishment of the Texas Energy Disaster | ||
Reliability Council. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 186, Utilities Code, is amended by | ||
adding Subchapter F to read as follows: | ||
SUBCHAPTER F. TEXAS ENERGY DISASTER RELIABILITY COUNCIL | ||
Sec. 186.101. DEFINITIONS. In this subchapter: | ||
(1) "Council" means the Texas Energy Disaster | ||
Reliability Council established under this subchapter. | ||
(2) "Disaster" means: | ||
(A) a disaster defined by Section 418.004, | ||
Government Code; or | ||
(B) an extended power outage. | ||
(3) "Division" means the Texas Division of Emergency | ||
Management. | ||
(4) "Extended power outage" means an interruption in | ||
electric service lasting more than 24 hours. | ||
(5) "Gas provider" means: | ||
(A) a natural gas pipeline facility operator; | ||
(B) an operator of a natural gas well; or | ||
(C) an entity that produces, processes, or | ||
transports natural gas in this state or otherwise participates in | ||
the natural gas supply chain in this state. | ||
(6) "Public utility" means an entity that generates, | ||
transmits, or distributes electric energy to the public, including | ||
an electric cooperative, an electric utility, a municipally owned | ||
utility, or a river authority. | ||
(7) "Railroad commission" means the Railroad | ||
Commission of Texas. | ||
(8) "Utility commission" means the Public Utility | ||
Commission of Texas. | ||
Sec. 186.102. COUNCIL. The Texas Energy Disaster | ||
Reliability Council is established to: | ||
(1) prevent extended natural gas supply failures or | ||
power outages caused by disasters; | ||
(2) implement procedures to manage emergencies caused | ||
by disasters; | ||
(3) maintain records of critical infrastructure | ||
facilities to maintain service in a disaster; | ||
(4) coordinate the delivery of fuel to serve human | ||
needs natural gas customers and providers of electric generation | ||
service in a disaster; | ||
(5) monitor supply chains for the electric grid in | ||
this state to minimize service disruptions; and | ||
(6) study and make recommendations on methods to | ||
maintain the reliability of the electric grid in this state during a | ||
disaster, including methods for maintaining the reliability of | ||
natural gas supply networks. | ||
Sec. 186.103. MEMBERS. (a) The council consists of: | ||
(1) the presiding officer of the utility commission; | ||
(2) the executive director of the utility commission; | ||
(3) the chairman of the railroad commission; | ||
(4) the executive director of the railroad commission; | ||
(5) the chief executive officer of the independent | ||
organization certified under Section 39.151 for the ERCOT power | ||
region; and | ||
(6) the chief of the division. | ||
(b) The chief of the division shall serve as the presiding | ||
officer of the council. | ||
(c) The council shall hold meetings during the weeks of | ||
March 1 and September 1 of each year. | ||
(d) In addition to the meetings required by Subsection (c), | ||
the council shall convene as soon as reasonably possible during or | ||
in anticipation of a disaster to address an actual or potential | ||
extended power outage caused by a disaster in order to coordinate | ||
fuel supplies and minimize the duration of the outage. | ||
(e) In carrying out its functions, the council may consult | ||
and coordinate with: | ||
(1) the United States Department of Energy; | ||
(2) the United States Department of Homeland Security; | ||
(3) the North American Electric Reliability | ||
Corporation; | ||
(4) the Texas Reliability Entity; | ||
(5) federal and state agencies; | ||
(6) local governmental officials, including mayors, | ||
county judges, and emergency management officials; | ||
(7) members of the electric industry; | ||
(8) members of the natural gas industry; and | ||
(9) grid security experts. | ||
(f) A public utility or gas provider shall provide to the | ||
council any information related to a disaster requested by the | ||
council. Information obtained by the council under this subsection | ||
is confidential and not subject to disclosure by the council if the | ||
information is critical energy infrastructure information as | ||
defined by the independent organization certified under Section | ||
39.151 for the ERCOT power region or federal law. | ||
(g) Except as provided by Subsection (g-1), the meetings of | ||
the council and information obtained or created by the council are | ||
not subject to the requirements of Chapter 551 or 552, Government | ||
Code. | ||
(g-1) Information written, produced, collected, assembled, | ||
or maintained under law or in connection with the transaction of | ||
official business by the council or an officer or employee of the | ||
council is subject to Section 552.008, Government Code, in the same | ||
manner as public information. | ||
(h) Chapter 2110, Government Code, does not apply to the | ||
council. | ||
Sec. 186.104. REPORT. (a) Not later than November 1 of | ||
each even-numbered year, the council shall submit to the | ||
legislature a report on the reliability and stability of the | ||
electric supply chain in this state. | ||
(b) The report must include recommendations on methods to | ||
strengthen the electric supply chain in this state and to decrease | ||
the frequency of extended power outages caused by a disaster in this | ||
state. | ||
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, 2021. |