By: Anchia H.B. No. 3853
A BILL TO BE ENTITLED
AN ACT
relating to the promotion of Texas energy products, services and
technologies in the global marketplace.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 81.0531, Natural Resources Code, is
amended to read as follows:
Sec. 81.0531. ADMINISTRATIVE PENALTY. (a) If a person
violates provisions of this title which pertain to safety or the
prevention or control of pollution or the provisions of a rule,
order, license, permit, or certificate which pertain to safety or
the prevention or control of pollution and are issued under this
title, the person may be assessed a civil penalty by the commission.
(b) The penalty may not exceed $10,000 a day for each
violation. Each day a violation continues may be considered a
separate violation for purposes of penalty assessments.
(c) In determining the amount of the penalty, the commission
shall consider the permittee's history of previous violations, the
seriousness of the violation, any hazard to the health or safety of
the public, and the demonstrated good faith of the person charged.
In determining the amount of the penalty for a violation of a
provision of this title or a rule, order, license, permit, or
certificate that relates to pipeline safety, the commission shall
consider the guidelines adopted under Subsection (d).
(d) The commission by rule shall adopt guidelines to be used
in determining the amount of the penalty for a violation of a
provision of this title or a rule, order, license, permit, or
certificate that relates to pipeline safety. The guidelines shall
include a penalty calculation worksheet that specifies the typical
penalty for certain violations, circumstances justifying
enhancement of a penalty and the amount of the enhancement, and
circumstances justifying a reduction in a penalty and the amount of
the reduction. The guidelines shall take into account:
(1) the permittee's history of previous violations,
including the number of previous violations;
(2) the seriousness of the violation and of any
pollution resulting from the violation;
(3) any hazard to the health or safety of the public;
(4) the degree of culpability;
(5) the demonstrated good faith of the person charged;
and
(6) any other factor the commission considers
relevant.
(e) A penalty collected under this section shall be
deposited to the credit of the oil-field cleanup fund.
(f) The commission shall establish an office of energy
technology exports and investment, to be funded from the oil-field
cleanup fund, to promote the export of energy-related commodities,
goods and services in the international marketplace and the
promotion and development of infrastructure to support those
exports.
SECTION 2. Subchapter B, Chapter 81, Natural Resources
Code, is amended by adding section 81.021 to read as follows:
Section 81.021. GLOBAL ENERGY CAPITAL TASK FORCE. (a) In this
section, "task force" means the Texas Global Energy Capital Task
Force.
(b) An interagency task force is created to:
(1) develop or update a process to allow agencies to
work together to study and identify the top foreign markets for
Texas' natural gas and other energy resources, potential new
investment in Texas' natural gas and other energy resources, and
new or expanded businesses active in the energy sector, including
but not limited to those which generate a significant volume of
patents and other intellectual property, and recommend an
integrated, interagency strategy to collaborate with industry,
small business, academia, and other key stakeholders, to formulate
a strategy to promote Texas energy products, technologies and
expertise in the global marketplace;
(2) consult with local governments, educational
institutions, economic development and metropolitan planning
organizations, workforce development agencies, small business
agencies, chambers of commerce, trade associations, and other
stakeholders, to elicit recommendations on a statewide strategy to
promote energy inventors and entrepreneurs in the international
marketplace;
(3) consult with Texas' maritime, air, and other
international ports of entry and transportation agencies,
regarding infrastructure improvements potentially needed to
maximize the trade in natural resources, energy-related products
and equipment, and carriers through Texas' statewide intermodal
transportation system;
(4) within 90 days of creation, the task force shall
receive testimony from current and prospective exporters of
liquefied natural gas exports, and related expert testimony, gather
recommendations for an action plan for the expeditious development
of Texas' LNG export infrastructure, including any needed
investments in adjacent or supporting infrastructure; and
(5) develop regulatory and legislative
recommendations to eliminate duplication and combine program
services.
(c) The task force is composed of the heads of the following
agencies or their designees, and other state and local entities to
be designated as necessary or appropriate:
(1) the Texas Railroad Commission;
(2) the Texas Department of Transportation;
(3) the Texas Workforce Commission;
(4) the General Land Office;
(5) the Texas Economic Development and Tourism Office;
(6) the Office of State-Federal Relations;
(7) the Texas Higher Education Coordinating Board;
(8) the secretary of state's office;
(9) the Texas Commission on Environmental Quality.
(d) The task force shall be staffed and administered by the
office of energy trade and investment of the commission.
(e) The task force shall meet at least once quarterly to
report on results of their studies, to invite successful
international businesses to share insight into their workforce
development needs, to conduct public consultations on key workforce
development challenges and opportunities, and to showcase best
practices and case studies from other states, provinces and
nations.
(f) No later than December 31, 2014, the Task Force shall
publish its findings and strategic recommendations, including
selected case studies from other nations, and a strategic plan to
boost jobs related to exports and foreign direct investment in
energy-related small businesses by 20% by the year 2025.
(g) In fulfilling its duties, the task force shall consider
opportunities to collaborate with the federal government,
including trade promotion and finance programs of the U.S.
Department of Commerce, U.S. Department of Energy, U.S.
Environmental Protection Agency and other federal government
departments, and the effect of federal policies, including trade
agreements, upon Texas' energy business opportunities in the global
marketplace.
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, 2013.