S.B. No. 475
AN ACT
relating to an advisory body on the security of the electric grid.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 39, Utilities Code, is
amended by adding Section 39.917 to read as follows:
Sec. 39.917. TEXAS ELECTRIC GRID SECURITY COUNCIL.
(a) The legislature finds that there is a public interest in
mitigating the risk of cyber and physical attacks that may affect
the reliability of electric systems operating in Texas. The Texas
Electric Grid Security Council is established as an advisory body
to facilitate the creation, aggregation, coordination, and
dissemination of best security practices for the electric industry,
including the generation, transmission, and delivery of
electricity.
(b) The Texas Electric Grid Security Council is composed of:
(1) the commissioner designated as presiding officer
of the commission under Section 12.052 or a representative
designated by the commissioner;
(2) the chief executive officer of the independent
organization certified under Section 39.151 for the ERCOT power
region or a representative designated by the chief executive
officer; and
(3) the governor or a representative designated by the
governor.
(c) The member of the council designated by Subsection
(b)(1) shall serve as presiding officer.
(d) The council shall convene at the call of the presiding
officer.
(e) A member of the council is not entitled to compensation.
Members are entitled to reimbursement for travel and other
necessary expenses related to the activities of the council as
provided by the General Appropriations Act.
(f) A member of the council may apply for a secret security
clearance or an interim security clearance granted by the United
States government. A member of the council may not access
classified information or participate in a briefing or meeting
involving classified information unless the member has a secret
security clearance.
(g) The independent organization certified under Section
39.151 shall:
(1) provide information and resources requested by the
council; and
(2) maintain nonclassified information obtained or
created by the council, provide members of the council with access
to the information, and retain the information for five years after
the date that the council obtains or creates the information.
(h) In carrying out its functions, the council may consult
and coordinate with:
(1) the Texas Division of Emergency Management;
(2) the United States Department of Energy;
(3) the United States Department of Homeland Security;
(4) the North American Electric Reliability
Corporation;
(5) the Texas Reliability Entity;
(6) federal and state agencies;
(7) members of the electric industry; and
(8) grid security experts.
(i) On a request by the governor, the lieutenant governor,
the chair of the house of representatives committee having
jurisdiction over energy utility regulation, or the chair of the
senate committee having jurisdiction over energy utility
regulation, the council shall issue to the requestor
recommendations regarding:
(1) the development of educational programs or
marketing materials to promote the development of a grid security
workforce;
(2) the development of grid security best practices;
(3) preparation for events that threaten grid
security; and
(4) amendments to the state emergency management plan
to ensure coordinated and adaptable response and recovery efforts
after events that threaten grid security.
(j) The council may prepare a report outlining grid security
response efforts that do not involve classified or highly
sensitive, company-specific information. If the council prepares
the report, the council shall deliver the report to the governor,
lieutenant governor, and legislature on or before the December 1
immediately preceding a regular session of the legislature.
(k) The meetings of the council and information obtained or
created by the council are not subject to the requirements of
Chapter 551 or 552, Government Code.
SECTION 2. 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, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 475 passed the Senate on
April 3, 2019, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 21, 2019, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 475 passed the House, with
amendment, on May 15, 2019, by the following vote: Yeas 143,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor