82R3120 JXC-F     By: Anchia H.B. No. 773       A BILL TO BE ENTITLED   AN ACT   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.