By: Hall, et al. S.B. No. 83     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.