By: Hall, et al.  S.B. No. 83
         (In the Senate - Filed November 14, 2016; January 24, 2017,
  read first time and referred to Committee on Business & Commerce;
  May 1, 2017, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 9, Nays 0; May 1, 2017, sent
  to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 83 By:  Creighton
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to protection of energy critical infrastructure from
  electromagnetic, geomagnetic, physical, and cyber-attack threats.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 418, Government Code, is amended by
  adding Subchapter I to read as follows:
  SUBCHAPTER I.  ELECTROMAGNETIC THREAT PREPAREDNESS
         Sec. 418.201.  ELECTROMAGNETIC THREAT PREPAREDNESS TASK
  FORCE. (a)  In this section, "energy critical infrastructure"
  means an electrical power generation facility, substation,
  switching station, electrical control center, or electrical
  transmission or distribution facility and includes an associated
  electronic control center and other electronic infrastructure used
  in electric power delivery.
         (b)  The electromagnetic threat preparedness task force is
  created.  The task force shall coordinate with the Commission to
  Assess the Threat to the United States from Electromagnetic Pulse
  (EMP) Attack, the United States Department of Defense, the United
  States Department of Energy, and the United States Department of
  Homeland Security to apply research and information on
  electromagnetic, geomagnetic, physical, and cyber-attack threats.
         (c)  The task force consists of 10 members appointed by the
  chief described by Section 418.041.  Each member must be a regional
  emergency management representative or other employee of the
  Department of Public Safety the chief determines could make
  valuable contributions to the development of the plan under
  Subsection (d)(4).
         (d)  The task force shall:
               (1)  identify technical and electronic resources to
  assist the division in the division's functions;
               (2)  implement a program to educate owners and
  operators of energy critical infrastructure and vital utility
  facilities and emergency responders about electromagnetic,
  geomagnetic, physical, and cyber-attack threats;
               (3)  evaluate emergency planning, response procedures,
  and supporting technologies related to electromagnetic,
  geomagnetic, physical, and cyber-attack threats; and
               (4)  develop a comprehensive threat protection and
  recovery plan for energy critical infrastructure and vital utility
  facilities of this state against electromagnetic, geomagnetic,
  physical, and cyber-attack threats.
         (e)  Information collected by the task force related to the
  security of the electric grid is confidential and is not subject to
  disclosure under Chapter 552.  Each member of the task force and any
  third-party individual with access to information under this
  section shall sign a nondisclosure agreement stating that the
  individual will not disclose to the public any sensitive or
  identifiable information related to grid security measures or
  plans.
         (f)  Not later than July 1, 2018, the task force shall
  prepare and submit to the governor and the legislature a report of
  the task force's findings and recommendations.
         (g)  A member of the task force established under this
  section is not entitled to compensation.  Members may be reimbursed
  for expenses as follows:
               (1)  a member is entitled to reimbursement for travel
  and other necessary expenses as provided by the General
  Appropriations Act; and
               (2)  a member appointed as a representative of a state
  agency is eligible for reimbursement for travel and other necessary
  expenses according to the applicable agency's policies.
         (h)  This section expires December 1, 2018.
         Sec. 418.202.  TECHNOLOGICAL HAZARDS. (a)  In this section,
  "energy critical infrastructure" means an electrical power
  generation facility, substation, switching station, electrical
  control center, or electrical transmission or distribution
  facility and includes an associated electronic control center and
  other electronic infrastructure used in electric power delivery.
         (b)  The division shall consider implementation of the
  comprehensive threat protection and recovery plan developed by the
  electromagnetic threat preparedness task force for energy critical
  infrastructure and vital utility facilities of this state against
  electromagnetic, geomagnetic, physical, and cyber-attack threats.
         (c)  The governor may instruct an agency to take actions as
  are necessary to implement the comprehensive threat protection and
  recovery plan developed by the electromagnetic threat preparedness
  task force as funding becomes available.
         (d)  Information collected by the division related to the
  security of the electric grid is confidential and is not subject to
  disclosure under Chapter 552.
         SECTION 2.  Chapter 39, Utilities Code, is amended by adding
  Subchapter M to read as follows:
  SUBCHAPTER M.  GRID SECURITY
         Sec. 39.601.  DEFINITIONS.  In this subchapter:
               (1)  "Committee" means the Electric Grid Security
  Advisory Committee.
               (2)  "Energy critical infrastructure" has the meaning
  assigned by Section 418.202, Government Code.
         Sec. 39.602.  INFORMATION RELATED TO GRID SECURITY
  NONDISCLOSURE. (a)  Information related to the security of the
  electric grid is confidential and is not subject to disclosure
  under Chapter 552, Government Code.
         (b)  Each individual with access to information related to
  the security of the electric grid under this subchapter shall sign a
  nondisclosure agreement stating that the individual will not
  disclose to the public any sensitive or identifiable information
  related to grid security measures or plans.
         Sec. 39.603.  GRID SECURITY ADVISORY COMMITTEE.  (a)  The
  Electric Grid Security Advisory Committee is composed of the
  following members:
               (1)  two members appointed by the governor;
               (2)  two members appointed by the lieutenant governor;
  and
               (3)  two members appointed by the speaker of the house
  of representatives.
         (b)  The governor shall designate a member of the committee
  to serve as presiding officer.
         (c)  The committee shall convene at the call of the presiding
  officer.
         (d)  The committee shall review the findings of the
  electromagnetic threat preparedness task force.
         (e)  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.
         (f)  A vacancy on the committee shall be filled for the
  unexpired term in the same manner as the original appointment.
         (g)  The committee is not subject to Chapter 2110, Government
  Code.
         (h)  Not later than September 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, the lieutenant governor, and the speaker of
  the house of representatives.
         (i)  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.
         (j)  A member of the committee may not be a member or employee
  of the North American Electric Reliability Corporation, the Federal
  Energy Regulatory Commission, or the Electric Power Research
  Institute.
         (k)  This section expires January 1, 2019.
         Sec. 39.604.  GRID PROTECTION. (a)  This section applies
  to:
               (1)  a transmission and distribution utility;
               (2)  an owner of a power generation facility;
               (3)  an electric cooperative operating in ERCOT;
               (4)  a river authority operating in ERCOT; and
               (5)  a municipally owned utility operating in ERCOT.
         (b)  Not later than December 31, 2018, each entity to which
  this section applies shall assess and report to the technological
  hazards unit of the Texas Division of Emergency Management the
  vulnerabilities the equipment, facilities, and systems the entity
  uses to provide power have to the following:
               (1)  a high altitude electromagnetic pulse device;
               (2)  geomagnetic storms;
               (3)  intentional electromagnetic interference;
               (4)  a physical attack; and
               (5)  a cyber attack.
         (c)  This section is not intended to penalize electric
  providers in this state.  If vulnerabilities in the security of the
  electric grid in this state are identified through the process
  established in this section and the legislature, in consultation
  with the governor, determines enhancements to energy critical
  infrastructure of the electric grid are necessary, the legislature
  may determine whether enhancements will be funded by appropriating
  general revenue of this state, by a new ratepayer cost recovery
  mechanism, or by a combination of those methods.
         SECTION 3.  The governor, the lieutenant governor, and the
  speaker of the house of representatives 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.
 
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