89R9526 ANG-F By: Hernandez H.B. No. 3826 A BILL TO BE ENTITLED AN ACT relating to the creation of the Texas Energy Efficiency Council. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle A, Title 2, Utilities Code, is amended by adding Chapter 18 to read as follows: CHAPTER 18. TEXAS ENERGY EFFICIENCY COUNCIL Sec. 18.001. DEFINITIONS. In this chapter: (1) "Council" means the Texas Energy Efficiency Council. (2) "Energy efficiency program" means a program designed to: (A) increase efficient energy use; (B) facilitate emergency load management and, for electric utilities operating in an area of the state not open to competition, reduce energy consumption during periods of peak energy demand; (C) optimize energy consumption; (D) identify and realize the benefits of energy efficient building design standards; or (E) fund the implementation of energy cost reduction measures. Sec. 18.002. PURPOSE. The Texas Energy Efficiency Council is a council established in the commission to evaluate and make recommendations for: (1) providing a statewide collaborative approach to promoting energy efficiency; (2) measuring, evaluating, and reporting on energy efficiency performance in this state; (3) creating a process for monitoring and enhancing energy efficiency programs in this state; (4) facilitating opportunities for coordination and leveraging of federal funding from the United States Department of Energy, United States Department of Housing and Urban Development, and other federal agencies that can be used by state agencies and political subdivisions for the purposes of enhancing energy efficiency; and (5) providing a central repository for information on statewide energy efficiency performance and opportunities to participate in energy efficiency programs in this state. Sec. 18.003. COUNCIL MEMBERSHIP. (a) The council is composed of nine ex officio members as follows: (1) the presiding officer of the Texas Commission on Environmental Quality; (2) the chief executive officer of the Electric Reliability Council of Texas; (3) the presiding officer of the commission; (4) the comptroller; (5) the director of the Texas Department of Housing and Community Affairs; (6) the executive director of the Texas Economic Development and Tourism Office; (7) the chairman of the Texas Water Development Board; (8) the director of the Energy Systems Laboratory at the Texas A&M Engineering Experiment Station of The Texas A&M University System; and (9) the chief executive of the Office of Public Utility Counsel. (b) An ex officio member may designate a person from the member's agency to serve in the member's place. (c) The presiding officer of the commission or an employee designated by the presiding officer under Subsection (b) shall serve as presiding officer of the council. (d) The council shall meet at least two times per year at the call of the presiding officer. Sec. 18.004. ADMINISTRATIVE SUPPORT. The commission 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. 18.005. OFFICIAL INTERNET WEBSITES. The council shall use the following official Internet websites for the publication of information as required by this chapter: (1) the website of the State Energy Conservation Office; and (2) the website of the commission. Sec. 18.006. LIST OF ENERGY EFFICIENCY PROGRAMS. (a) The council shall: (1) develop a list of currently operating energy efficiency programs in this state and publish the list on the official Internet websites under Section 18.005; and (2) work with the State Energy Conservation Office and the commission to develop and publish on the official Internet websites under Section 18.005 a user-friendly page that allows a consumer to search by the consumer's address energy efficiency programs available in the consumer's service area. (b) The State Energy Conservation Office and the commission each shall provide a link on their Internet websites to the page described by Subsection (a)(2). Sec. 18.007. CONFIDENTIALITY OF CERTAIN INFORMATION. (a) Except as provided by this section, the council is not subject to Chapter 551 or 552, Government Code. (b) Information written, produced, collected, assembled, or maintained under law or in connection with the transaction of official business by the council or an officer or employee of the council is subject to Section 552.008, Government Code, in the same manner as public information. Sec. 18.008. BIENNIAL REPORT. The council biennially shall prepare a report that includes the evaluations and recommendations required by Section 18.002. The council shall submit the report to the legislature not later than January 15 of each odd-numbered year. Sec. 18.009. APPLICABILITY OF ADVISORY COMMITTEE LAW. Chapter 2110, Government Code, does not apply to the council. 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, 2025.