| 1 | 1 | | 89R9041 ANG-D |
|---|
| 2 | 2 | | By: Slawson H.B. No. 4851 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | |
|---|
| 7 | 7 | | A BILL TO BE ENTITLED |
|---|
| 8 | 8 | | AN ACT |
|---|
| 9 | 9 | | relating to the reliability of the electricity supply chain. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Section 38.077, Utilities Code, is amended to |
|---|
| 12 | 12 | | read as follows: |
|---|
| 13 | 13 | | Sec. 38.077. RELIABILITY [LOAD SHEDDING] EXERCISES. (a) |
|---|
| 14 | 14 | | In this section, "critical facility" means a transmission |
|---|
| 15 | 15 | | substation and any associated control centers that, if rendered |
|---|
| 16 | 16 | | inoperable or damaged because of a physical attack, could cause |
|---|
| 17 | 17 | | widespread instability, uncontrolled separation, or cascading |
|---|
| 18 | 18 | | outages within an interconnection. |
|---|
| 19 | 19 | | (b) The commission and the independent organization |
|---|
| 20 | 20 | | certified for the ERCOT power region under Section 39.151 shall |
|---|
| 21 | 21 | | conduct simulated or tabletop load shedding exercises with |
|---|
| 22 | 22 | | providers of electric generation service and transmission and |
|---|
| 23 | 23 | | distribution service in the ERCOT power region. |
|---|
| 24 | 24 | | [(b)] The commission shall ensure that each year at least |
|---|
| 25 | 25 | | one simulated or tabletop load shedding exercise is conducted |
|---|
| 26 | 26 | | during a summer month and one simulated or tabletop load shedding |
|---|
| 27 | 27 | | exercise is conducted during a winter month. |
|---|
| 28 | 28 | | (c) The commission and the independent organization |
|---|
| 29 | 29 | | certified for the ERCOT power region under Section 39.151 shall |
|---|
| 30 | 30 | | conduct simulated or tabletop exercises with providers of electric |
|---|
| 31 | 31 | | generation service and transmission and distribution service in the |
|---|
| 32 | 32 | | ERCOT power region to mitigate and prepare for a threat of an attack |
|---|
| 33 | 33 | | or an actual physical attack on a critical facility. The exercises |
|---|
| 34 | 34 | | required by this subsection are in addition to the exercises |
|---|
| 35 | 35 | | required by Subsection (b) and any requirements of the North |
|---|
| 36 | 36 | | American Electric Reliability Corporation Critical Infrastructure |
|---|
| 37 | 37 | | Protection plan standards. The commission and the independent |
|---|
| 38 | 38 | | organization shall conduct the exercises under this subsection at |
|---|
| 39 | 39 | | least once every two years. |
|---|
| 40 | 40 | | (d) A simulated or tabletop exercise conducted under |
|---|
| 41 | 41 | | Subsection (c) must identify the roles and responsibilities of the |
|---|
| 42 | 42 | | following in the event of a threat of an attack or an actual |
|---|
| 43 | 43 | | physical attack on a critical facility: |
|---|
| 44 | 44 | | (1) transmission and distribution service providers; |
|---|
| 45 | 45 | | (2) providers of electric generation service; |
|---|
| 46 | 46 | | (3) law enforcement; |
|---|
| 47 | 47 | | (4) the independent organization certified for the |
|---|
| 48 | 48 | | ERCOT power region under Section 39.151; and |
|---|
| 49 | 49 | | (5) the commission. |
|---|
| 50 | 50 | | (e) A transmission and distribution service provider is not |
|---|
| 51 | 51 | | required to disclose the specific location of the provider's |
|---|
| 52 | 52 | | critical substations to the commission or the independent |
|---|
| 53 | 53 | | organization certified for the ERCOT power region under Section |
|---|
| 54 | 54 | | 39.151 for the purposes of a simulated or tabletop exercise |
|---|
| 55 | 55 | | conducted under Subsection (c). |
|---|
| 56 | 56 | | (f) Each provider of electric generation service and of |
|---|
| 57 | 57 | | transmission and distribution service that participates in a |
|---|
| 58 | 58 | | simulated or tabletop exercise conducted under Subsection (c) shall |
|---|
| 59 | 59 | | provide to the independent organization certified for the ERCOT |
|---|
| 60 | 60 | | power region under Section 39.151 a written attestation that the |
|---|
| 61 | 61 | | provider has coordinated with law enforcement when identifying |
|---|
| 62 | 62 | | roles and responsibilities under Subsection (d). |
|---|
| 63 | 63 | | SECTION 2. Not later than December 31, 2026, the Public |
|---|
| 64 | 64 | | Utility Commission of Texas and the independent organization |
|---|
| 65 | 65 | | certified under Section 39.151, Utilities Code, for the ERCOT power |
|---|
| 66 | 66 | | region shall conduct a simulated or tabletop exercise with each |
|---|
| 67 | 67 | | provider of electric generation service and of transmission and |
|---|
| 68 | 68 | | distribution service as required by Section 38.077(c), Utilities |
|---|
| 69 | 69 | | Code, as added by this Act. |
|---|
| 70 | 70 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 71 | 71 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 72 | 72 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 73 | 73 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 74 | 74 | | Act takes effect September 1, 2025. |
|---|