85R20961 GRM-F
By: Parker, Krause H.B. No. 787
Substitute the following for H.B. No. 787:
By: Cook C.S.H.B. No. 787
A BILL TO BE ENTITLED
AN ACT
relating to the security of the electric grid.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) In this section:
(1) "Critical infrastructure" means electric utility
facilities located in the ERCOT power region. The term does not
include power generation facilities.
(2) "Cybersecurity" means the activity, process,
ability, capability, or state where information and communication
systems and the information contained in those systems are
protected from and defended against damage, unauthorized use,
modification, or exploitation.
(3) "Electromagnetic pulse threat" means an
electromagnetic pulse caused by intentional means, including an act
of terrorism.
(4) "Electric utility" has the meaning assigned by
Section 31.002, Utilities Code.
(5) "ERCOT" has the meaning assigned by Section
31.002, Utilities Code.
(6) "ERCOT organization" means the independent
organization certified under Section 39.151, Utilities Code, for
the ERCOT region.
(b) The Electric Grid Security Advisory Committee is
created. The committee is composed of the following members:
(1) four members appointed by the governor to study
electromagnetic pulse threats; and
(2) four members appointed by the governor to study
cybersecurity.
(c) Each member of the committee must have professional
experience or technical training in:
(1) cybersecurity;
(2) electromagnetic interference;
(3) electric power generation or transmission;
(4) electromagnetic pulse hardening;
(5) physical security and controls;
(6) space physics and weather;
(7) supervisory controls and data acquisition; or
(8) emergency preparedness.
(d) The governor shall designate a member of the committee
to serve as presiding officer.
(e) The committee shall convene at the call of the presiding
officer.
(f) The committee shall study critical infrastructure and
its vulnerability to electromagnetic pulse and cybersecurity
threats. The study must:
(1) evaluate and summarize the current state of the
electric grid and associated computer systems and networks;
(2) consider potential security threats to the
electric grid and associated computer systems and networks;
(3) assess whether further efforts are needed to
secure the electric grid and associated computer systems and
networks against damage, including the threat of electromagnetic
pulse or other attacks and natural threats, including solar flares;
(4) recommend measures to secure the electric grid and
associated computer systems and networks against damage; and
(5) develop a recommended strategy to protect and
prepare critical infrastructure in the ERCOT region against
threats.
(g) The committee may use research and data on
electromagnetic pulse threats and cybersecurity gathered by the
Electric Power Research Institute.
(h) The committee may share its findings with any state
agency it considers important to the security of the electric grid
or associated computer systems or networks. To the extent allowed
by law, a state agency with which the committee shares information
is encouraged to implement any recommendations that the agency
determines will improve the security of the state's electric grid
or associated computer systems or networks.
(i) The ERCOT organization shall cooperate with the
committee to provide any information and resources the committee
considers important to the study.
(j) A member of the committee is not entitled to
compensation but is entitled to reimbursement for the member's
travel expenses as provided by Chapter 660, Government Code, and
the General Appropriations Act.
(k) A vacancy on the task force shall be filled for the
unexpired term in the same manner as the original appointment.
(l) The committee is not subject to Chapter 2110, Government
Code.
(m) Not later than December 1, 2018, the committee shall
prepare a report of its findings, including any recommendations for
legislation resulting from the findings, and shall submit the
report to the governor.
(n) The committee's work relates to sensitive matters of
security. Notwithstanding any other law, the meetings, work, and
findings of the committee are not subject to the requirements of
Chapter 551 or 552, Government Code. Each member of the committee
shall sign a nondisclosure agreement stating that the member will
not disclose to the public any sensitive or identifiable
information related to grid security measures or plans.
(o) This section is not intended to penalize electric
providers in this state. If deficiencies in the security of the
electric grid in the ERCOT region are determined through the
process established in this section and the legislature, in
consultation with the governor, determines upgrades to the electric
grid are necessary, the legislature shall determine whether
upgrades will be funded by appropriating general revenue funds or
through a ratepayer cost recovery mechanism.
(p) The committee is abolished and this section expires on
December 31, 2018.
SECTION 2. Subchapter Z, Chapter 39, Utilities Code, is
amended by adding Section 39.917 to read as follows:
Sec. 39.917. INFORMATION RELATED TO GRID SECURITY. The
independent organization certified under Section 39.151 shall
collect and compile information related to the security of the
electric grid. The information is confidential and is not subject
to disclosure under Chapter 552, Government Code.
SECTION 3. The governor shall appoint members to the
Electric Grid Security Advisory Committee, as required by this Act,
as soon as practicable after the effective date of this Act, but not
later than the 120th day after the effective date of this Act.
SECTION 4. 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, 2017.