This section creates the Texas Electric Grid Security Council and sets basic rules for its membership, meetings, confidentiality, reporting, and support duties.
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. Added by Acts 2019, 86th Leg., R.S., Ch. 516 (S.B. 475), Sec. 1, eff. June 7, 2019.