Texas 2017 - 85th Regular

Texas House Bill HB787 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R20961 GRM-F
2		-	By: Parker, Krause H.B. No. 787
3		-	Substitute the following for H.B. No. 787:
4		-	By: Cook C.S.H.B. No. 787
	1	+	By: Parker, Price, Frullo, Fallon, Krause, H.B. No. 787
	2	+	et al.
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the security of the electric grid.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. (a) In this section:
12	10		(1) "Critical infrastructure" means electric utility
13	11		facilities located in the ERCOT power region. The term does not
14	12		include power generation facilities.
15	13		(2) "Cybersecurity" means the activity, process,
16	14		ability, capability, or state where information and communication
17	15		systems and the information contained in those systems are
18	16		protected from and defended against damage, unauthorized use,
19	17		modification, or exploitation.
20	18		(3) "Electromagnetic pulse threat" means an
21	19		electromagnetic pulse caused by intentional means, including an act
22	20		of terrorism.
23	21		(4) "Electric utility" has the meaning assigned by
24	22		Section 31.002, Utilities Code.
25	23		(5) "ERCOT" has the meaning assigned by Section
26	24		31.002, Utilities Code.
27	25		(6) "ERCOT organization" means the independent
28	26		organization certified under Section 39.151, Utilities Code, for
29	27		the ERCOT region.
	28	+	(7) "Geomagnetic disturbance" means an event caused by
	29	+	the interaction of a cloud of charged particles produced by the
	30	+	sun's solar storms and the earth's magnetic field.
30	31		(b) The Electric Grid Security Advisory Committee is
31	32		created. The committee is composed of the following members:
32	33		(1) four members appointed by the governor to study
33	34		electromagnetic pulse threats; and
34	35		(2) four members appointed by the governor to study
35	36		cybersecurity.
36	37		(c) Each member of the committee must have professional
37	38		experience or technical training in:
38	39		(1) cybersecurity;
39	40		(2) electromagnetic interference;
40	41		(3) electric power generation or transmission;
41	42		(4) electromagnetic pulse hardening;
42	43		(5) physical security and controls;
43	44		(6) space physics and weather;
44	45		(7) supervisory controls and data acquisition; or
45	46		(8) emergency preparedness.
46	47		(d) The governor shall designate a member of the committee
47	48		to serve as presiding officer.
48	49		(e) The committee shall convene at the call of the presiding
49	50		officer.
50	51		(f) The committee shall study critical infrastructure and
51		-	its vulnerability to electromagnetic pulse ~~and cybersecurity~~
52		-	threats. The study must:
	52	+	its vulnerability to electromagnetic pulse, geomagnetic
	53	+	disturbance, and cybersecurity threats. The study must:
53	54		(1) evaluate and summarize the current state of the
54	55		electric grid and associated computer systems and networks;
55		-	(2) consider potential security threats to the
56		-	electric grid and associated computer systems and networks;
	56	+	(2) consider and assess the likelihood of potential
	57	+	security threats to the electric grid and associated computer
	58	+	systems and networks;
57	59		(3) assess whether further efforts are needed to
58	60		secure the electric grid and associated computer systems and
59	61		networks against damage, including the threat of electromagnetic
60	62		pulse or other attacks and natural threats, including solar flares;
61		-	(4) recommend measures to secure the electric grid and
62		-	associated computer systems and networks against damage; and
63		-	(5) develop a recommended strategy to protect and
	63	+	(4) recommend appropriate measures to secure the
	64	+	electric grid and associated computer systems and networks, taking
	65	+	into account the impact of the potential damage being addressed;
	66	+	and
	67	+	(5) recommend one or more strategies to protect and
64	68		prepare critical infrastructure in the ERCOT region against
65		-	threats.
	69	+	relevant threats and present the estimated costs associated with
	70	+	each strategy.
66	71		(g) The committee may use research and data on
67	72		electromagnetic pulse threats and cybersecurity gathered by the
68		-	Electric Power Research Institute.
	73	+	United States Department of Defense, the United States Department
	74	+	of Energy, the United States Department of Homeland Security, and
	75	+	the Electric Power Research Institute.
69	76		(h) The committee may share its findings with any state
70	77		agency it considers important to the security of the electric grid
71	78		or associated computer systems or networks. To the extent allowed
72	79		by law, a state agency with which the committee shares information
73	80		is encouraged to implement any recommendations that the agency
74	81		determines will improve the security of the state's electric grid
75	82		or associated computer systems or networks.
76	83		(i) The ERCOT organization shall cooperate with the
77	84		committee to provide any information and resources the committee
78	85		considers important to the study.
79	86		(j) A member of the committee is not entitled to
80	87		compensation but is entitled to reimbursement for the member's
81	88		travel expenses as provided by Chapter 660, Government Code, and
82	89		the General Appropriations Act.
83	90		(k) A vacancy on the task force shall be filled for the
84	91		unexpired term in the same manner as the original appointment.
85	92		(l) The committee is not subject to Chapter 2110, Government
86	93		Code.
87	94		(m) Not later than December 1, 2018, the committee shall
88	95		prepare a report of its findings, including any recommendations for
89	96		legislation resulting from the findings, and shall submit the
90	97		report to the governor.
91	98		(n) The committee's work relates to sensitive matters of
92	99		security. Notwithstanding any other law, the meetings, work, and
93	100		findings of the committee are not subject to the requirements of
94	101		Chapter 551 or 552, Government Code. Each member of the committee
95	102		shall sign a nondisclosure agreement stating that the member will
96	103		not disclose to the public any sensitive or identifiable
97	104		information related to grid security measures or plans.
98	105		(o) This section is not intended to penalize electric
99	106		providers in this state. If deficiencies in the security of the
100	107		electric grid in the ERCOT region are determined through the
101	108		process established in this section and the legislature, in
102	109		consultation with the governor, determines upgrades to the electric
103	110		grid are necessary, the legislature shall determine whether
104		-	upgrades will be funded by appropriating general revenue funds or
105		-	through a ratepayer cost recovery mechanism.
106		-	(p) The committee is abolished and this section expires on
	111	+	upgrades will be funded by appropriating general revenue, through a
	112	+	ratepayer cost recovery mechanism, or by a combination of those
	113	+	methods.
	114	+	(p) This section is not intended to prevent an electric
	115	+	utility, municipally owned utility, or electric cooperative from
	116	+	making prudent investments and reasonable and necessary
	117	+	expenditures to secure the electric grid and seeking recovery of
	118	+	associated costs as authorized by the Utilities Code.
	119	+	(q) The committee is abolished and this section expires on
107	120		December 31, 2018.
108	121		SECTION 2. Subchapter Z, Chapter 39, Utilities Code, is
109	122		amended by adding Section 39.917 to read as follows:
110	123		Sec. 39.917. INFORMATION RELATED TO GRID SECURITY. The
111	124		independent organization certified under Section 39.151 shall
112	125		collect and compile information related to the security of the
113	126		electric grid. The information is confidential and is not subject
114	127		to disclosure under Chapter 552, Government Code.
115	128		SECTION 3. The governor shall appoint members to the
116	129		Electric Grid Security Advisory Committee, as required by this Act,
117	130		as soon as practicable after the effective date of this Act, but not
118	131		later than the 120th day after the effective date of this Act.
119	132		SECTION 4. This Act takes effect immediately if it receives
120	133		a vote of two-thirds of all the members elected to each house, as
121	134		provided by Section 39, Article III, Texas Constitution. If this
122	135		Act does not receive the vote necessary for immediate effect, this
123	136		Act takes effect September 1, 2017.