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.