88R22337 DIO-F     By: Anchía, Guillen, Hernandez, Geren H.B. No. 4811     Substitute the following for H.B. No. 4811:     By:  Turner C.S.H.B. No. 4811       A BILL TO BE ENTITLED   AN ACT   relating to the creation of the Texas Energy Efficiency Council.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle A, Title 2, Utilities Code, is amended   by adding Chapter 18 to read as follows:   CHAPTER 18.  TEXAS ENERGY EFFICIENCY COUNCIL          Sec. 18.001.  DEFINITIONS.  In this chapter:                (1)  "Council" means the Texas Energy Efficiency   Council.                (2)  "Energy efficiency program" means a program   designed to:                      (A)  increase efficient energy use;                      (B)  reduce energy consumption during periods of   peak energy demand;                      (C)  optimize energy consumption;                      (D)  identify and realize the benefits of energy   efficient building design standards; or                      (E)  fund the implementation of energy cost   reduction measures.                (3)  "Measure" means a direct measurement or modeling   of energy efficiency performance over a 12-month period.                (4)  "Program administrator" includes any of the   following entities that administer an energy efficiency program:                      (A)  a state agency, including the commission, the   Texas Water Development Board, the State Energy Conservation   Office, the Texas Commission on Environmental Quality, and the   Texas Department of Housing and Community Affairs;                      (B)  a political subdivision; or                      (C)  a private or public provider of electricity,   gas, or water utility service, including an electric cooperative or   municipally owned utility.          Sec. 18.002.  PURPOSE. The Texas Energy Efficiency Council   is a council established in the commission to:                (1)  provide a statewide collaborative approach to   promoting energy efficiency;                (2)  measure, evaluate, and report on energy efficiency   performance in this state;                (3)  monitor energy efficiency programs in this state;                (4)  make recommendations for improving energy   efficiency programs in this state;                (5)  monitor and facilitate opportunities for   coordination and leveraging of federal funding from the United   States Department of Energy, United States Department of Housing   and Urban Development, and other federal agencies that can be used   by state agencies and political subdivisions for the purposes of   enhancing energy efficiency;                (6)  provide a central repository for information on   statewide energy efficiency performance and opportunities to   participate in energy efficiency programs in this state; and                (7)  promote continuous improvement in energy   efficiency performance in this state.          Sec. 18.003.  ENERGY EFFICIENCY PROGRAM POLICIES. A program   administrator shall establish measurable performance criteria and   share the results with the council when creating or implementing an   energy efficiency program.          Sec. 18.004.  COUNCIL MEMBERSHIP. (a)  The council is   composed of the following 16 members:                (1)  nine ex officio members as follows:                      (A)  the presiding officer of the Texas Commission   on Environmental Quality;                      (B)  the chief executive officer of the Electric   Reliability Council of Texas;                      (C)  the presiding officer of the commission;                      (D)  the comptroller;                      (E)  the director of the Texas Department of   Housing and Community Affairs;                      (F)  the executive director of the Texas Economic   Development and Tourism Office;                      (G)  the chairman of the Texas Water Development   Board;                      (H)  the director of the Energy Systems Laboratory   at the Texas A&M Engineering Experiment Station of The Texas A&M   University System; and                      (I)  the chief executive of the Office of Public   Utility Counsel; and                (2)  seven public members appointed by the presiding   officer of the commission as follows:                      (A)  one member must have experience in the field   of engineering;                      (B)  one member must have experience in the field   of public or private finance;                      (C)  one member must have experience in the field   of law or business;                      (D)  one member must have experience in the field   of environmental stewardship;                      (E)  one member must have experience in the field   of electric utility operation;                      (F)  one member must have experience in the field   of industrial operation; and                      (G)  one member must have business experience in   the implementation of energy efficiency programs.          (b)  An ex officio member may designate a person from the   member's agency to represent the member in any meeting.          (c)  The presiding officer of the council may designate a   person to represent an appointed member in any meeting if the person   meets the qualifications required by Subsection (a)(2).          (d)  The ex officio members and the appointed members serve   as voting members of the council.          (e)  The presiding officer of the commission or the employee   designated by the presiding officer shall serve as presiding   officer of the council.          (f)  The council shall meet at least two times per year at the   call of the presiding officer.          (g)  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.          (h)  Appointments to council positions shall be made without   regard to the race, color, disability, sex, religion, age, or   national origin of the appointees.          Sec. 18.005.  TERMS; VACANCY.  (a)  Appointed council   members serve staggered four-year terms, with the terms of one or   two members, as applicable, expiring on February 1.          (b)  A vacancy on the council in the position of an appointed   council member shall be filled in the same manner as the original   appointment. The person appointed serves for the remainder of the   unexpired term.          Sec. 18.006.  GROUNDS FOR REMOVAL. (a) It is a ground for   removal from the council that a member:                (1)  described by Section 18.004(a)(1) does not   maintain during service on the council the qualifications required   by that subdivision;                (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. 18.007.  ADMINISTRATIVE SUPPORT. The commission 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. 18.008.  ENERGY EFFICIENCY PROGRAM MONITORING AND   RECOMMENDATIONS. (a)  The council shall measure, evaluate, and   report on energy efficiency performance in this state.          (b)  The council shall monitor energy efficiency programs in   this state.          (c)  The council may submit to a program administrator   recommendations on means to encourage greater energy efficiency on   a regular basis.  The council may submit to a program administrator   that administers a program described by Section 39.905   recommendations to assure better coordination between local,   state, federal, and private energy efficiency programs for the   purposes of Section 39.905.          Sec. 18.009.  OFFICIAL INTERNET WEBSITES.  The council shall   use the following official Internet websites for the publication of   information as required by this chapter:                (1)  the website of the State Energy Conservation   Office; and                (2)  the website of the commission.          Sec. 18.010.  LIST OF ENERGY EFFICIENCY PROGRAMS. (a)  The   council shall:                (1)  develop a list of currently operating energy   efficiency programs in this state and publish the list on the   official Internet websites under Section 18.009; and                (2)  work with the State Energy Conservation Office and   the commission to develop and publish on the official Internet   websites under Section 18.009 a user-friendly page that allows a   consumer to search by the consumer's address energy efficiency   programs available in the consumer's service area.          (b)  The State Energy Conservation Office and the commission   each shall provide a link on their Internet websites to the page   described by Subsection (a)(2).          Sec. 18.011.  CONFIDENTIALITY OF CERTAIN INFORMATION. (a)     Except as provided by this section, the council is not subject to   Chapter 551 or 552, Government Code.          (b)  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.          Sec. 18.012.  BIENNIAL PERFORMANCE REPORT. (a)  The council   biennially shall prepare a report on energy efficiency performance   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 18.010, including initial   capital investment, ongoing operating expenses, and energy savings   benefits of the programs;                (2)  statewide energy efficiency performance by sector   and county; and                (3)  recommendations for improving energy efficiency   programs in this state.          (c)  The report may include:                (1)  criteria developed by the council for evaluating   and measuring energy efficiency programs in this state;                (2)  opportunities for continuous improvement in   energy efficiency performance in this state; and                (3)  recommendations for creating new energy   efficiency programs in this state.          (d)  The council shall publish the report on the official   Internet websites under Section 18.009.          Sec. 18.013.  APPLICABILITY OF ADVISORY COMMITTEE LAW.   Chapter 2110, Government Code, does not apply to the council.          SECTION 2.  As soon as practicable after the effective date   of this Act, the presiding officer of the Public Utility Commission   of Texas shall appoint members to the Texas Energy Efficiency   Council in accordance with Section 18.004, Utilities 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, 2023.