Bill Text: TX SB3 | 2021-2022 | 87th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to preparing for, preventing, and responding to weather emergencies and power outages; increasing the amount of administrative and civil penalties.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Passed) 2021-06-08 - Effective immediately [SB3 Detail]

Download: Texas-2021-SB3-Introduced.html

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By: Schwertner S.B. No. 3

A BILL TO BE ENTITLED
AN ACT
relating to preparing for, preventing, and responding to weather
emergencies, power outages, and other disasters; increasing the
amount of administrative and civil penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 411, Government Code, is amended by
adding Subchapter K-1 to read as follows:
SUBCHAPTER K-1. BLACKOUT ALERT
Sec. 411.301. DEFINITION. In this subchapter, "energy
emergency alert" means an alert issued by an independent
organization certified under Section 39.151, Utilities Code, that
power supply on a regional electric network in this state may be
inadequate to meet demand.
Sec. 411.302. BLACKOUT ALERT. With the cooperation of the
Texas Department of Transportation, the office of the governor, and
the Public Utility Commission of Texas, the department shall
develop and implement a statewide alert to be activated when an
energy emergency alert is issued.
Sec. 411.303. ADMINISTRATION. (a) The director is the
statewide coordinator of the blackout alert.
(b) The director shall adopt rules and issue directives as
necessary to ensure proper implementation of the blackout alert.
The rules and directives must include the procedures to be used by
the Public Utility Commission of Texas and the independent
organization certified under Section 39.151, Utilities Code, to
communicate with the director about the blackout alert.
Sec. 411.304. DEPARTMENT TO RECRUIT PARTICIPANTS. The
department shall recruit public and commercial television and radio
broadcasters, private commercial entities, state or local
governmental entities, the public, and other appropriate persons to
assist in developing and implementing the blackout alert system.
Sec. 411.305. STATE AGENCIES. (a) A state agency
participating in the blackout alert system shall:
(1) cooperate with the department and assist in
developing and implementing the alert system; and
(2) establish a plan for providing relevant
information to its officers, investigators, or employees, as
appropriate, once the blackout alert system has been activated.
(b) In addition to its duties as a state agency under
Subsection (a), the Texas Department of Transportation shall
establish a plan for providing relevant information to the public
through an existing system of dynamic message signs located across
the state.
Sec. 411.306. ACTIVATION OF BLACKOUT ALERT. (a) When the
Public Utility Commission of Texas or an independent organization
certified under Section 39.151, Utilities Code, notifies the
department that an energy emergency alert has been issued or is
about to be issued, the department shall confirm the accuracy of the
information and, if confirmed, immediately issue an alert under
this subchapter in accordance with department rules.
(b) In issuing the blackout alert, the department shall send
the alert to designated media outlets in this state. Following
receipt of the alert, participating radio stations and television
stations and other participating media outlets may issue the alert
at designated intervals.
Sec. 411.307. CONTENT OF BLACKOUT ALERT. The blackout
alert must include a statement that electricity customers may
experience a power outage.
Sec. 411.308. TERMINATION OF BLACKOUT ALERT. The director
shall terminate any activation of the blackout alert with respect
to a particular energy emergency alert not later than the date the
department receives notice that the energy emergency alert has been
canceled.
Sec. 411.309. LIMITATION ON PARTICIPATION BY TEXAS
DEPARTMENT OF TRANSPORTATION. Notwithstanding Section 411.305(b),
the Texas Department of Transportation is not required to use any
existing system of dynamic message signs in a statewide alert
system created under this subchapter if that department receives
notice from the United States Department of Transportation Federal
Highway Administration that the use of the signs would result in the
loss of federal highway funding or other punitive actions taken
against this state due to noncompliance with federal laws,
regulations, or policies.
SECTION 2. Section 418.043, Government Code, is amended to
read as follows:
Sec. 418.043. OTHER POWERS AND DUTIES. The division shall:
(1) determine requirements of the state and its
political subdivisions for food, clothing, and other necessities in
event of a disaster;
(2) procure and position supplies, medicines,
materials, and equipment;
(3) adopt standards and requirements for local and
interjurisdictional emergency management plans;
(4) periodically review local and interjurisdictional
emergency management plans;
(5) coordinate deployment of mobile support units;
(6) establish and operate training programs and
programs of public information or assist political subdivisions and
emergency management agencies to establish and operate the
programs;
(7) make surveys of public and private industries,
resources, and facilities in the state that are necessary to carry
out the purposes of this chapter;
(8) plan and make arrangements for the availability
and use of any private facilities, services, and property and
provide for payment for use under terms and conditions agreed on if
the facilities are used and payment is necessary;
(9) establish a register of persons with types of
training and skills important in disaster mitigation,
preparedness, response, and recovery;
(10) establish a register of mobile and construction
equipment and temporary housing available for use in a disaster;
(11) assist political subdivisions in developing
plans for the humane evacuation, transport, and temporary
sheltering of service animals and household pets in a disaster;
(12) prepare, for issuance by the governor, executive
orders and regulations necessary or appropriate in coping with
disasters;
(13) cooperate with the federal government and any
public or private agency or entity in achieving any purpose of this
chapter and in implementing programs for disaster mitigation,
preparation, response, and recovery;
(14) develop a plan to raise public awareness and
expand the capability of the information and referral network under
Section 531.0312;
(15) improve the integration of volunteer groups,
including faith-based organizations, into emergency management
plans;
(16) cooperate with the Federal Emergency Management
Agency to create uniform guidelines for acceptable home repairs
following disasters and promote public awareness of the guidelines;
(17) cooperate with state agencies to:
(A) encourage the public to participate in
volunteer emergency response teams and organizations that respond
to disasters; and
(B) provide information on those programs in
state disaster preparedness and educational materials and on
Internet websites;
(17-a) create a page on the division's Internet
website for each state of disaster declared under Section 418.014
to provide information to the public about that disaster;
(18) establish a liability awareness program for
volunteers, including medical professionals;
(19) define "individuals with special needs" in the
context of a disaster;
(20) establish and operate, subject to the
availability of funds, a search and rescue task force in each field
response region established by the division to assist in search,
rescue, and recovery efforts before, during, and after a natural or
man-made disaster; and
(21) do other things necessary, incidental, or
appropriate for the implementation of this chapter.
SECTION 3. Section 418.048, Government Code, is amended to
read as follows:
Sec. 418.048. MONITORING WEATHER. (a) The division shall
keep continuously apprised of weather conditions that present
danger of climatic activity, such as precipitation, severe enough
to constitute a disaster.
(b) The division shall:
(1) establish a system to categorize winter storms
according to predicted severity; and
(2) create a list of suggested actions for state
agencies to take to prepare for storms, organized by winter storm
category.
SECTION 4. Chapter 418, Government Code, is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. TEXAS ENERGY RELIABILITY COUNCIL
Sec. 418.301. DEFINITIONS. In this subchapter:
(1) "Chief" means the division's chief.
(2) "Council" means the Texas Energy Reliability
Council.
Sec. 418.302. COUNCIL ESTABLISHED. The Texas Energy
Reliability Council is established to ensure that high priority
human needs are met in the event of necessary curtailment of natural
gas distribution or supplies.
Sec. 418.303. MEMBERSHIP. The council is composed of
members as follows:
(1) the chairman of the Railroad Commission of Texas;
(2) the presiding officer of the Public Utility
Commission of Texas;
(3) the presiding officer of the Texas Commission on
Environmental Quality;
(4) the chair of the Texas Transportation Commission;
(5) a person to represent the independent organization
certified under Section 39.151, Utilities Code, for the ERCOT power
region, appointed by the governor;
(6) the chief;
(7) five persons to represent oil and gas well
operators or oil or gas pipeline operators, appointed by the
governor;
(8) five persons to represent the electric industry,
appointed by the governor; and
(9) five persons to represent industrial concerns,
appointed by the governor.
Sec. 418.304. OFFICERS. (a) The chief is designated as the
interim presiding officer for purposes of calling and conducting
the initial meeting of the council.
(b) The council:
(1) at its initial meeting, shall select a presiding
officer from among its members for the purpose of calling and
conducting meetings; and
(2) may select an assistant presiding officer and
secretary from among its members.
Sec. 418.305. COMPENSATION; REIMBURSEMENT. A member of the
council is not entitled to compensation or reimbursement of
expenses for service on the council.
Sec. 418.306. MEETINGS. (a) After its initial meeting, the
task force shall meet at least twice each year at a time and place
determined by the presiding officer.
(b) The council may meet at other times the council
considers appropriate. The presiding officer may call a meeting on
the officer's own motion.
(c) The council may meet by teleconference.
Sec. 418.307. ADMINISTRATIVE SUPPORT. The division shall
provide administrative support to the council.
Sec. 418.308. DUTIES OF COUNCIL. The council shall foster
communication and planning to ensure preparedness for natural gas
availability and delivery to residences, hospitals, schools,
churches, and other human needs customers during a period of
necessary curtailment of natural gas distribution or supplies.
SECTION 5. Subchapter C, Chapter 86, Natural Resources
Code, is amended by adding Section 86.044 to read as follows:
Sec. 86.044. WEATHER EMERGENCY PREPAREDNESS. (a) The
commission by rule shall require an operator of a gas well to
implement measures to prepare the well to operate during a weather
emergency.
(b) The commission by rule shall require an operator of a
gas well that experiences repeated or major weather-related forced
interruptions of production to:
(1) contract with a person who is not an employee of
the provider to assess the operator's weatherization plans,
procedures, and operations; and
(2) submit the assessment to the commission.
(c) If the commission determines that a person has violated
a rule adopted under this section, the commission shall notify the
attorney general of the violation. The attorney general shall
initiate a suit to recover a penalty for the violation in the manner
provided by Subchapter G.
SECTION 6. Section 86.222, Natural Resources Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1) Notwithstanding Subsection (a), a person who violates
a provision of a rule adopted under Section 86.044 is liable for a
penalty of not more than $1,000,000 for each offense.
SECTION 7. Section 15.023, Utilities Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) Notwithstanding Subsections (b) and (d), the penalty
for a violation of a provision of Subtitle B may be in an amount not
to exceed $1,000,000 for a violation. Each day a violation
continues or occurs is a separate violation for purposes of
imposing a penalty.
SECTION 8. Section 17.003, Utilities Code, is amended by
adding Subsection (d-1) to read as follows:
(d-1) An electric utility providing transmission service
for a retail electric provider, as defined by Section 31.002, shall
collaborate with the retail electric provider to ensure that
information about the following matters is regularly provided to
the retail electric provider's retail customers together with bills
sent to the customers:
(1) the electric utility's procedures for implementing
rolling blackouts;
(2) the types of customers who may be considered
critical customers or critical load according to commission rules
adopted under Section 38.075;
(3) the procedure for a customer to apply to be
considered a critical customer or critical load according to
commission rules adopted under Section 38.075; and
(4) reducing electricity use at times when rolling
blackouts may be implemented.
SECTION 9. Section 17.005, Utilities Code, is amended to
read as follows:
Sec. 17.005. PROTECTIONS FOR CUSTOMERS OF MUNICIPALLY OWNED
UTILITIES. (a) A municipally owned utility may not be deemed to be
a "service provider" or "billing agent" for purposes of Sections
17.156(b) and (e).
(b) The governing body of a municipally owned utility shall
adopt, implement, and enforce rules that shall have the effect of
accomplishing the objectives set out in Sections 17.004(a) and (b)
and 17.102, as to the municipally owned utility within its
certificated service area.
(c) The governing body of a municipally owned utility or its
designee shall perform the dispute resolution function provided for
by Section 17.157 for disputes arising from services provided by
the municipally owned utility to electric customers served within
the municipally owned utility's certificated service area.
(d) With respect to electric customers served by a
municipally owned utility outside its certificated service area or
otherwise served through others' distribution facilities, after
retail competition begins as authorized by the legislature, the
provisions of this chapter as administered by the commission apply.
(e) Nothing in this chapter shall be deemed to apply to a
wholesale customer of a municipally owned utility.
(f) A municipally owned utility shall regularly provide
with bills sent to retail customers of the utility information
about:
(1) the utility's procedure for implementing rolling
blackouts;
(2) the types of customers who may be considered
critical customers or critical load according to commission rules
adopted under Section 38.075;
(3) the procedure for a customer to apply to be
considered a critical customer or critical load according to
commission rules adopted under Section 38.075; and
(4) reducing electricity use at times when rolling
blackouts may be implemented.
SECTION 10. Section 17.006, Utilities Code, is amended to
read as follows:
Sec. 17.006. PROTECTIONS FOR CUSTOMERS OF ELECTRIC
COOPERATIVES. (a) An electric cooperative shall not be deemed to
be a "service provider" or "billing agent" for purposes of Sections
17.156(b) and (e).
(b) The electric cooperative shall adopt, implement, and
enforce rules that shall have the effect of accomplishing the
objectives set out in Sections 17.004(a) and (b) and 17.102.
(c) The board of directors of the electric cooperative or
its designee shall perform the dispute resolution function provided
for by Section 17.157 for electric customers served by the electric
cooperative within its certificated service area.
(d) With respect to electric customers served by an electric
cooperative outside its certificated service area or otherwise
served through others' distribution facilities, after the
legislature authorizes retail competition, the provisions of this
chapter as administered by the commission shall apply.
(e) Nothing in this chapter shall be deemed to apply to a
wholesale customer of an electric cooperative.
(f) An electric cooperative shall regularly provide with
bills sent to retail customers of the cooperative information
about:
(1) the cooperative's procedure for implementing
rolling blackouts;
(2) the types of customers who may be considered
critical customers or critical load according to commission rules
adopted under Section 38.075;
(3) the procedure for a customer to apply to be
considered a critical customer or critical load according to
commission rules adopted under Section 38.075; and
(4) reducing electricity use at times when rolling
blackouts may be implemented.
SECTION 11. The heading to Chapter 35, Utilities Code, is
amended to read as follows:
CHAPTER 35. [ALTERNATIVE] ENERGY PROVIDERS
SECTION 12. Subchapter A, Chapter 35, Utilities Code, is
amended by adding Section 35.0021 to read as follows:
Sec. 35.0021. WEATHER EMERGENCY PREPAREDNESS. (a) This
section applies only to a municipally owned utility, electric
cooperative, qualifying facility, power generation company, or
exempt wholesale generator, that provides generation service in the
ERCOT power region.
(b) The commission by rule shall require each provider of
generation service described by Subsection (a) to implement
measures to prepare the provider's generation assets to provide
adequate electric generation service during a winter weather
emergency according to reliability standards adopted by the
commission.
(c) The independent organization certified under Section
39.151 for the ERCOT power region shall:
(1) inspect generation assets in the ERCOT power
region for compliance with the reliability standards; and
(2) report to the commission any violation of a rule
adopted under Subsection (b) that the independent organization
discovers by an inspection conducted under this subsection.
(d) The commission by rule shall require a provider of
generation service described by Subsection (a) that experiences
repeated or major weather-related forced interruptions of service
to:
(1) contract with a person who is not an employee of
the provider to assess the provider's weatherization plans,
procedures, and operations; and
(2) submit the assessment to the commission and the
independent organization certified under Section 39.151 for the
ERCOT power region.
(e) A provider of generation service described by
Subsection (a) must obtain the approval of the commission and the
independent organization certified under Section 39.151 for the
ERCOT power region before the provider conducts maintenance during
a month in which, historically, as determined by the commission,
electricity use has reached a summer or winter peak.
(f) The commission shall impose an administrative penalty
on a person who violates a rule adopted under this section in the
manner provided by Chapter 15.
SECTION 13. Section 36.205(d), Utilities Code, is amended
to read as follows:
(d) The commission may provide a mechanism to allow an
electric utility that has a noncontiguous geographical service area
and that purchases power for resale for that noncontiguous service
area from electric utilities that are not members of the
independent organization certified under Section 39.151 for the
ERCOT power region [the Electric Reliability Council of Texas] to
recover purchased power costs for the area in a manner that reflects
the purchased power cost for that specific geographical
noncontiguous area. The commission may not require an electric
cooperative corporation to use the mechanism provided under this
section unless the electric cooperative corporation requests its
use.
SECTION 14. Section 36.403(g), Utilities Code, is amended
to read as follows:
(g) Notwithstanding Section 39.303(c), system restoration
costs shall be functionalized and allocated to customers in the
same manner as the corresponding facilities and related expenses
are functionalized and allocated in the electric utility's current
base rates. For an electric utility operating within ERCOT [the
Electric Reliability Council of Texas], system restoration costs
that are properly includable in the transmission cost of service
mechanism adopted under Section 35.004 and associated deferred
costs not included under Section 35.004 shall be recovered under
the method of pricing provided for in that section and commission
rules promulgated under that section; provided, however, that an
electric utility operating under a rate freeze or other limitation
on its ability to pass through wholesale costs to its customers may
defer such costs and accrue carrying costs at its weighted average
cost of capital as last approved by the commission in a general rate
proceeding until such time as the freeze or limitation expires.
SECTION 15. Subchapter D, Chapter 38, Utilities Code, is
amended by adding Sections 38.074 and 38.075 to read as follows:
Sec. 38.074. WINTER WEATHER EMERGENCY PREPAREDNESS. (a)
The commission by rule shall require each electric cooperative,
municipally owned utility, and transmission and distribution
utility providing transmission service in the ERCOT power region to
implement measures to prepare the cooperative's or utility's
facilities to maintain service quality and reliability during a
winter weather emergency according to standards adopted by the
commission.
(b) The commission shall impose an administrative penalty
on a person who violates a rule adopted under this section in the
manner provided by Chapter 15.
Sec. 38.075. LOAD SHEDDING DURING ROLLING BLACKOUT. (a)
The commission by rule shall adopt a system to allocate load
shedding among electric cooperatives, municipally owned utilities,
and transmission and distribution utilities providing transmission
service in the ERCOT power region during a rolling blackout
initiated by an independent organization certified under Section
39.151 for the region.
(b) The system must provide for allocations for electric
cooperatives, municipally owned utilities, and transmission and
distribution utilities in different seasons based on typical
seasonal usage in the geographic area served by the electric
cooperative, municipally owned utility, or transmission and
distribution utility.
(c) The commission by rule shall:
(1) categorize types of critical load that may be
excluded from participation in load shedding; and
(2) require electric cooperatives, municipally owned
utilities, and transmission and distribution utilities providing
transmission service in the ERCOT power region to submit to the
commission and the independent organization certified under
Section 39.151 for the region:
(A) customers or circuits the cooperative or
utility has designated as critical load; and
(B) a plan for participating in load shedding in
response to a rolling blackout.
(d) The commission by rule shall require electric
cooperatives, municipally owned utilities, and transmission and
distribution utilities providing transmission service in the ERCOT
power region to:
(1) maintain lists of customers willing to voluntarily
participate in load shedding; and
(2) coordinate with municipalities, businesses, and
customers that consume large amounts of electricity to encourage
voluntary load shedding.
SECTION 16. Section 39.051(c), Utilities Code, is amended
to read as follows:
(c) An electric utility may accomplish the separation
required by Subsection (b) either through the creation of separate
nonaffiliated companies or separate affiliated companies owned by a
common holding company or through the sale of assets to a third
party. An electric utility may create separate transmission and
distribution utilities. Notwithstanding any other provision of
this chapter, an electric utility that does not have stranded costs
described by Section 39.254 and that on September 1, 2005, has not
finalized unbundling pursuant to a commission order approving an
unbundling plan may also meet the requirements of Subsection (b)
for generation facilities existing on September 1, 2005, in ERCOT
[the Electric Reliability Council of Texas] if it meets and
maintains compliance with the following requirements:
(1) the electric utility has no more than 400
megawatts of Texas jurisdictional capacity from generating units
within ERCOT [the Electric Reliability Council of Texas] that have
not been mothballed or retired;
(2) the electric utility has a contract or contracts
with separate nonaffiliated companies or separate affiliated
companies for the sale of all of the output from its generating
units that have not been mothballed or retired with a contract term
that is no shorter than 20 years or the life of the generating
units, whichever is shorter; and
(3) the electric utility has a separate division
within the electric utility for its generation business activities.
SECTION 17. Subchapter C, Chapter 39, Utilities Code, is
amended by adding Section 39.1026 to read as follows:
Sec. 39.1026. VARIABLE RATE PLANS FOR ELECTRIC SERVICE
PROHIBITED. The commission by rule shall require a retail electric
provider to offer service under a fixed-price contract. A retail
electric provider may not offer a contract for service at a variable
rate.
SECTION 18. Subchapter D, Chapter 39, Utilities Code, is
amended by adding Sections 39.159 and 39.160 to read as follows:
Sec. 39.159. MARKET PROCEDURES FOR CERTAIN GENERATORS. The
commission by rule shall require the operator of a wind power
generating unit or solar power generating unit providing output in
the ERCOT power region to:
(1) commit to the independent organization certified
under Section 39.151 for the ERCOT power region to provide a
specific load; and
(2) if the operator cannot meet the load commitment
using the generating unit, meet the load commitment using electric
energy storage or through a purchase from another generating unit.
Sec. 39.160. WHOLESALE PRICING PROCEDURES. (a) The
commission by rule shall establish an emergency system-wide offer
cap program for the wholesale electric market.
(b) If the program includes more than one system-wide offer
cap:
(1) the program may not authorize the high system-wide
offer cap to be in effect for a continuous period of more than one
hour;
(2) the program may only allow for a low system-wide
offer cap that cannot exceed the high system-wide offer cap; and
(3) the price of ancillary services may not exceed the
high system-wide offer cap.
SECTION 19. Subchapter Z, Chapter 39, Utilities Code, is
amended by adding Section 39.9165 to read as follows:
Sec. 39.9165. DISTRIBUTED GENERATION REPORTING. (a) In
this section, "distributed generation" is an electrical generating
facility that:
(1) is located at a customer's point of delivery;
(2) has a capacity of not more than 10 megawatts;
(3) is connected at a voltage less than or equal to 60
kilovolts; and
(4) may be connected in parallel operation to the
utility system.
(b) An independent organization certified under Section
39.151 shall require an owner or operator of distributed generation
to report to the organization the type of generation owned or
operated, including whether the generation is powered by a
renewable source or uses battery storage.
(c) This section does not apply to distributed generation
located on residential property.
SECTION 20. Section 105.023, Utilities Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) Notwithstanding Subsection (b), a civil penalty under
this section shall be in an amount of not less than $1,000 and not
more than $1,000,000 for each violation of Section 104.258(c).
SECTION 21. Section 121.2015, Utilities Code, is amended by
amending Subsection (a) and adding Subsections (d) and (e) to read
as follows:
(a) The railroad commission shall adopt rules regarding:
(1) public education and awareness relating to gas
pipeline facilities; [and]
(2) community liaison for responding to an emergency
relating to a gas pipeline facility; and
(3) measures gas pipeline facility operators must
implement to prepare gas pipeline facilities to maintain service
quality and reliability during extreme weather conditions.
(d) The commission by rule shall require a gas pipeline
facility operator that experiences repeated or major
weather-related forced interruptions of service to:
(1) contract with a person who is not an employee of
the provider to assess the operator's weatherization plans,
procedures, and operations; and
(2) submit the assessment to the commission.
(e) The commission shall assess an administrative penalty
against a person who violates a rule adopted under Subsection
(a)(3) in the manner provided by Subchapter E.
SECTION 22. Section 121.206, Utilities Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) Notwithstanding Subsection (b), the penalty for each
violation may not exceed $1,000,000 for a violation of a rule
adopted under Section 121.2015(a)(3). Each day a violation
continues may be considered a separate violation for the purpose of
penalty assessment.
SECTION 23. Subchapter E, Chapter 13, Water Code, is
amended by adding Section 13.151 to read as follows:
Sec. 13.151. BILLING FOR SERVICES PROVIDED DURING EXTREME
WEATHER EMERGENCY. A retail public utility that is required to
possess a certificate of public convenience and necessity or a
district and affected county that furnishes retail water or sewer
utility service, shall defer collection of the full payment of
bills that are due during an extreme weather emergency until after
the emergency is over and shall work with customers to establish a
pay schedule for deferred bills.
SECTION 24. Section 13.414, Water Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) Notwithstanding Subsection (a), a retail public
utility or affiliated interest that violates Section 13.151 is
subject to a civil penalty of not less than $100 nor more than
$1,000,000 for each violation.
SECTION 25. Section 13.4151, Water Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) Notwithstanding Subsection (a), the penalty for a
violation of Section 13.151 may be in an amount not to exceed
$1,000,000 a day. Each day a violation continues may be considered a
separate violation.
SECTION 26. (a) The State Energy Plan Advisory Committee is
composed of 12 members. The governor, lieutenant governor, and
speaker of the house of representatives each shall appoint four
members to the advisory committee.
(b) Not later than September 1, 2022, the State Energy Plan
Advisory Committee shall prepare a comprehensive state energy plan.
The plan must:
(1) evaluate barriers in the electricity and natural
gas markets that prevent sound economic decisions;
(2) evaluate methods to improve the reliability,
stability, and affordability of electric service in this state; and
(3) provide recommendations for removing the barriers
described by Subdivision (1) and using the methods described by
Subdivision (2).
(c) The state energy plan prepared under this section must
be submitted to the legislature not later than September 1, 2022.
SECTION 27. The Public Utility Commission of Texas and the
independent organization certified under Section 39.151, Utilities
Code, shall review statutes, rules, protocols, and bylaws that
apply to conflicts of interest for commissioners and for members of
the governing body of the independent organization and submit to
the legislature a report on the effects the statutes, rules,
protocols, and bylaws have on the ability of the commission and the
independent organization to fulfill their duties.
SECTION 28. 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.