Bill Text: TX HB773 | 2011-2012 | 82nd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to creating an energy efficiency council to coordinate administration of energy efficiency programs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-05-13 - Statement(s) of vote recorded in Journal [HB773 Detail]
Download: Texas-2011-HB773-Introduced.html
Bill Title: Relating to creating an energy efficiency council to coordinate administration of energy efficiency programs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-05-13 - Statement(s) of vote recorded in Journal [HB773 Detail]
Download: Texas-2011-HB773-Introduced.html
82R3120 JXC-F | ||
By: Anchia | H.B. No. 773 |
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relating to creating an energy efficiency council to coordinate | ||
administration of energy efficiency programs. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle E, Title 4, Government Code, is amended | ||
by adding Chapter 470 to read as follows: | ||
CHAPTER 470. ENERGY EFFICIENCY COUNCIL | ||
Sec. 470.001. DEFINITIONS. In this chapter: | ||
(1) "Council" means the energy efficiency council. | ||
(2) "Energy efficiency program" means a program | ||
designed to: | ||
(A) reduce inefficient energy use; | ||
(B) reduce peak energy demand; | ||
(C) reduce energy consumption; | ||
(D) promote compliance with energy efficient | ||
building design standards; or | ||
(E) pay for the implementation of energy cost | ||
reduction measures. | ||
(3) "Program administrator" includes any of the | ||
following entities that administer an energy efficiency program: | ||
(A) a state agency, including the Public Utility | ||
Commission of Texas, the Railroad Commission of Texas, the State | ||
Energy Conservation Office, and the Texas Department of Housing and | ||
Community Affairs; | ||
(B) a political subdivision of this state; | ||
(C) a private or public utility service provider, | ||
including an electric cooperative or municipally owned utility; | ||
(D) a school district; or | ||
(E) an institution of higher education. | ||
Sec. 470.002. PURPOSE. The energy efficiency council is a | ||
council established in the comptroller's office to: | ||
(1) monitor energy efficiency programs in this state; | ||
(2) make recommendations for improving energy | ||
efficiency programs in this state; and | ||
(3) provide a central repository for information on | ||
energy efficiency programs in this state. | ||
Sec. 470.003. ENERGY EFFICIENCY PROGRAM POLICIES. A | ||
program administrator shall consider any applicable | ||
recommendations of the council when creating or implementing the | ||
energy efficiency program. | ||
Sec. 470.004. COUNCIL MEMBERS. (a) The council is composed | ||
of: | ||
(1) the following ex officio members: | ||
(A) the comptroller or an employee of the State | ||
Energy Conservation Office designated by the comptroller; | ||
(B) the presiding officer of the Public Utility | ||
Commission of Texas or a representative of the Public Utility | ||
Commission of Texas designated by the presiding officer; | ||
(C) the executive director of the Texas | ||
Commission on Environmental Quality or a representative of the | ||
Texas Commission on Environmental Quality designated by the | ||
executive director; | ||
(D) the executive director of the Texas | ||
Department of Housing and Community Affairs or a representative of | ||
the Texas Department of Housing and Community Affairs designated by | ||
the executive director; and | ||
(E) the director of the Energy Systems Laboratory | ||
at the Texas Engineering Experiment Station of the Texas A&M | ||
University System; | ||
(2) a member appointed by the lieutenant governor to | ||
represent utility ratepayers; and | ||
(3) a member appointed by the governor at the | ||
recommendation of the speaker of the house of representatives to | ||
represent utility ratepayers. | ||
(b) The comptroller or the employee designated under | ||
Subsection (a)(1)(A) shall serve as presiding officer of the | ||
council. | ||
(c) The council shall meet at least two times per year at the | ||
call of the presiding officer. | ||
(d) Council members may not receive compensation for | ||
services but, subject to the availability of funding, may receive | ||
reimbursement for actual and necessary expenses incurred while | ||
performing council business. | ||
(e) Appointments to council positions shall be made without | ||
regard to the race, color, disability, sex, religion, age, or | ||
national origin of the appointees. | ||
Sec. 470.005. TERMS; VACANCY. (a) Council members | ||
appointed under Sections 470.004(a)(2) and (3) serve two-year terms | ||
that expire February 1 of each odd-numbered year. | ||
(b) A vacancy on the council in the position of a council | ||
member appointed under Section 470.004(a)(2) or (3) shall be filled | ||
in the same manner as the original appointment. The person | ||
appointed serves for the remainder of the unexpired term. | ||
Sec. 470.006. GROUNDS FOR REMOVAL. (a) It is a ground for | ||
removal from the council that a member: | ||
(1) does not maintain during service on the council | ||
the qualifications required by Section 470.004(a)(1); | ||
(2) cannot, because of illness or disability, | ||
discharge the member's duties for a substantial part of the member's | ||
term; or | ||
(3) is absent from more than half of the regularly | ||
scheduled council meetings that the member is eligible to attend | ||
during a calendar year without an excuse approved by a majority vote | ||
of the council. | ||
(b) The validity of an action of the council is not affected | ||
by the fact that it is taken when a ground for removal of a council | ||
member exists. | ||
(c) If the presiding officer has knowledge that a potential | ||
ground for removal exists, the presiding officer shall notify the | ||
appointing authority and the attorney general that a potential | ||
ground for removal exists. | ||
Sec. 470.007. ADMINISTRATIVE SUPPORT. To the extent | ||
resources are available, the State Energy Conservation Office shall | ||
provide the council with administrative support, including meeting | ||
space and staff necessary to assist the council in carrying out the | ||
council's duties under this chapter. | ||
Sec. 470.008. ACCEPTANCE OF GIFTS, GRANTS, OR DONATIONS. | ||
The council may solicit and the comptroller may accept for the | ||
council gifts, grants, and donations from any public or private | ||
source for the purposes of this chapter. | ||
Sec. 470.009. ENERGY EFFICIENCY PROGRAM MONITORING AND | ||
RECOMMENDATIONS. (a) The council shall monitor energy efficiency | ||
programs in this state. | ||
(b) The council may submit to a program administrator | ||
recommendations on means to encourage greater energy efficiency on | ||
a regular basis. | ||
Sec. 470.010. LIST OF ENERGY EFFICIENCY PROGRAMS. The | ||
council shall develop and periodically update a list of currently | ||
operating energy efficiency programs in this state. The council | ||
shall publish the list on its Internet website. | ||
Sec. 470.011. BIENNIAL PROGRAMS REPORT. (a) The council | ||
biennially shall prepare a report on energy efficiency programs in | ||
this state. The council shall submit the report to the legislature | ||
not later than October 1 of each even-numbered year. | ||
(b) The report must include: | ||
(1) a comprehensive review of the energy efficiency | ||
programs on the list required by Section 470.010, including | ||
information on the costs and benefits of the programs; | ||
(2) a study comparing energy efficiency programs in | ||
this state to similar programs in: | ||
(A) California; | ||
(B) Florida; | ||
(C) New York; and | ||
(D) each other state the council determines to | ||
have programs appropriate for the comparisons; and | ||
(3) recommendations for improving energy efficiency | ||
programs in this state. | ||
(c) The report may include recommendations for creating new | ||
energy efficiency programs in this state. | ||
Sec. 470.012. APPLICABILITY OF ADVISORY COMMITTEE LAW. | ||
Chapter 2110 does not apply to the council. | ||
SECTION 2. As soon as practicable after the effective date | ||
of this Act, the governor and the lieutenant governor shall appoint | ||
members to the energy efficiency council in accordance with Section | ||
470.004, Government Code, as added by this Act. | ||
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, 2011. |