State Codes and Statutes
Statutes > Texas > Agriculture-code > Title-3-agricultural-research-and-promotion > Chapter-50d-texas-bioenergy-policy-council-and-texas-bioenergy-research-committee
AGRICULTURE CODE
TITLE 3. AGRICULTURAL RESEARCH AND PROMOTION
CHAPTER 50D. TEXAS BIOENERGY POLICY COUNCIL AND TEXAS BIOENERGY
RESEARCH COMMITTEE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 50D.001. PURPOSE. The purpose of the Texas Bioenergy
Policy Council and the Texas Bioenergy Research Committee is to
promote the goal of making biofuels a significant part of the
energy industry in this state not later than January 1, 2019.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.03, eff. September 1, 2009.
Sec. 50D.002. DEFINITIONS. In this chapter:
(1) "Alternative chemical feedstock" means a feedstock that is
produced by a thermochemical process that converts alternative
sources of fuel, including biomass, or other renewable sources,
to a raw material to be used in the chemical manufacturing
process.
(2) "Policy council" means the Texas Bioenergy Policy Council.
(3) "Research committee" means the Texas Bioenergy Research
Committee.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.03, eff. September 1, 2009.
Sec. 50D.003. ADMINISTRATIVE SUPPORT. The department:
(1) shall provide administrative support, including staff, to
the policy council; and
(2) may allocate appropriate administrative support to the
research committee.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.03, eff. September 1, 2009.
SUBCHAPTER B. TEXAS BIOENERGY POLICY COUNCIL
Sec. 50D.011. COMPOSITION. (a) The policy council is composed
of the following 18 members:
(1) the commissioner, who serves as chair of the policy council;
(2) one representative of the Railroad Commission of Texas
designated by the commission;
(3) one representative of the Texas Commission on Environmental
Quality designated by the commission;
(4) one representative of the Public Utility Commission of Texas
designated by the commission;
(5) one representative of the Texas Water Development Board
designated by the board;
(6) the chancellor of The Texas A&M University System, or
the person designated by the chancellor;
(7) the chancellor of the Texas Tech University System, or the
person designated by the chancellor;
(8) the chancellor of The University of Texas System, or the
person designated by the chancellor;
(9) one member of the senate appointed by the lieutenant
governor;
(10) one member of the house of representatives appointed by the
speaker of the house of representatives; and
(11) eight members appointed by the governor, with each of the
following industries or groups represented by one member:
(A) research and development of feedstock and feedstock
production;
(B) retail distribution of energy;
(C) transportation of biomass feedstock;
(D) agricultural production for bioenergy production or
agricultural waste used for production of bioenergy;
(E) production of biodiesel from nonfood feedstocks;
(F) production of ethanol from nonfood feedstocks;
(G) bio-based electricity generation; and
(H) chemical manufacturing.
(b) The eight members of the policy council appointed by the
governor serve at the governor's pleasure and have two-year
staggered terms, with the terms of either three or four members
expiring on January 1 of each year.
(c) The governor shall fill any vacancy in a position appointed
by the governor for the remainder of the unexpired term.
(d) Appointments to the policy council must be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointees.
(e) The policy council is subject to Chapters 551 and 2001,
Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.03, eff. September 1, 2009.
Sec. 50D.012. REMOVAL OF POLICY COUNCIL MEMBERS. (a) A member
of the policy council may be removed from the policy council if
the member:
(1) is not able to devote the time necessary to perform the
member's duties as a member;
(2) cannot because of illness or disability discharge the
member's duties or cannot discharge those duties for a
substantial part of the term for which the member is appointed;
or
(3) is absent from more than half of the regularly scheduled
policy council meetings that the member is eligible to attend
during a calendar year, unless the absence is excused by a
majority vote of the policy council.
(b) An action of the policy council is not invalid because a
ground for removal of a policy council member exists at the time
the action is taken.
(c) If the commissioner has knowledge that a potential ground
for removal of a policy council member exists, the commissioner
shall notify the governor and attorney general of the potential
ground for removal.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.03, eff. September 1, 2009.
Sec. 50D.013. DUTIES OF POLICY COUNCIL. (a) The policy council
shall:
(1) provide a vision for unifying this state's agricultural,
energy, and research strengths in a successful launch of a
cellulosic biofuel and bioenergy industry;
(2) foster development of cellulosic-based and bio-based fuels
and build on the Texas emerging technology fund's investments in
leading-edge energy research and efforts to commercialize the
production of bioenergy;
(3) pursue the creation of a next-generation biofuels energy
research program at a university in this state;
(4) work to procure federal and other funding to aid this state
in becoming a bioenergy leader;
(5) study the feasibility and economic development effect of a
blending requirement for biodiesel or cellulosic fuels;
(6) pursue the development and use of thermochemical process
technologies to produce alternative chemical feedstocks;
(7) study the feasibility and economic development of the
requirements for pipeline-quality, renewable natural gas; and
(8) perform other advisory duties as requested by the
commissioner regarding the responsible development of bioenergy
resources in this state.
(b) The policy council shall meet regularly as necessary at the
call of the commissioner.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.03, eff. September 1, 2009.
Sec. 50D.014. REIMBURSEMENT OF EXPENSES. A member of the policy
council may not receive compensation for service on the council.
Subject to availability of funds, a policy council member may
receive reimbursement for the actual and necessary expenses
incurred while conducting policy council business.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.03, eff. September 1, 2009.
Sec. 50D.015. COORDINATION WITH FEDERAL GOVERNMENT ON BIOENERGY
POLICY. (a) In this section, "state agency" has the meaning
assigned by Section 315.002, Government Code.
(b) The policy council shall take reasonable steps to track the
development of federal bioenergy policy and provide information
relating to federal regulatory developments to each affected
state agency.
(c) Not later than October 1, 2009, the Texas Commission on
Environmental Quality shall request a determination by the United
States Environmental Protection Agency that this state will not
lose nitrogen oxide emission reduction credits currently
recognized as part of the state implementation plan if:
(1) this state allows the use of biodiesel and biodiesel blends
with no additives; and
(2) the final blend of fuel complies with state and federal
standards for cetane and aromatic hydrocarbon content.
(d) If the Texas Commission on Environmental Quality receives a
determination from the United States Environmental Protection
Agency that this state will not lose nitrogen oxide emission
reduction credits as a result of the use of biodiesel or
biodiesel blends with no additives, or if the commission
independently makes that determination, the commission may not
adopt or implement rules that restrict the production or
distribution of biodiesel or biodiesel blends in a manner more
stringent than provided by federal law.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.03, eff. September 1, 2009.
SUBCHAPTER C. TEXAS BIOENERGY RESEARCH COMMITTEE
Sec. 50D.021. COMPOSITION. (a) The research committee is
composed of the following 16 members:
(1) the commissioner or the person designated by the
commissioner, who serves as the chair of the research committee;
(2) one representative of the Railroad Commission of Texas
designated by the commission;
(3) one representative of the Texas Commission on Environmental
Quality designated by the commission;
(4) one representative of the Public Utility Commission of Texas
designated by the commission;
(5) one representative of the Texas Water Development Board
designated by the board;
(6) one researcher or specialist in the bioenergy field from
each of the following university systems, appointed by the
chancellor of the system:
(A) The Texas A&M University System;
(B) the Texas Tech University System; and
(C) The University of Texas System; and
(7) eight members, with a member appointed by each policy
council member appointed by the governor under Section
50D.011(a)(11).
(b) The eight members of the research committee appointed under
Subsection (a)(7) serve at the governor's pleasure and have
two-year staggered terms, with the terms of either three or four
members expiring on January 1 of each year.
(c) The governor shall fill any vacancy in a position appointed
under Subsection (a)(7) for the remainder of the unexpired term.
(d) Appointments to the research committee must be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointees.
(e) The research committee is subject to Chapters 551 and 2001,
Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.03, eff. September 1, 2009.
Sec. 50D.022. REMOVAL OF RESEARCH COMMITTEE MEMBERS. (a) A
member of the research committee may be removed from the research
committee if the member:
(1) is not able to devote the time necessary to perform the
member's duties as a member;
(2) cannot because of illness or disability discharge the
member's duties or cannot discharge those duties for a
substantial part of the term for which the member is appointed;
or
(3) is absent from more than half of the regularly scheduled
committee meetings that the member is eligible to attend during a
calendar year, unless the absence is excused by a majority vote
of the committee.
(b) An action of the research committee is not invalid because a
ground for removal of a committee member exists at the time the
action is taken.
(c) If the commissioner has knowledge that a potential ground
for removal of a committee member exists, the commissioner shall
notify the governor and attorney general of the potential ground
for removal.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.03, eff. September 1, 2009.
Sec. 50D.023. PURPOSES AND DUTY OF RESEARCH COMMITTEE. (a) The
research committee is a research consortium among academic and
technical research leadership, with active involvement by all
sectors of the economy interested in bioenergy development.
(b) The research committee shall:
(1) identify and research appropriate and desirable biomass
feedstock for each geographic region of this state;
(2) investigate logistical challenges to the planting,
harvesting, and transporting of large volumes of biomass and
provide recommendations to the policy council that will aid in
overcoming barriers to the transportation, distribution, and
marketing of bioenergy;
(3) identify strategies for and obstacles to the potential
transition of the agriculture industry in western regions of this
state to dryland bioenergy crops that are not dependent on
groundwater resources;
(4) explore regions of this state, including coastal areas, that
may contain available marginal land for use in growing bioenergy
feedstocks;
(5) study the potential for producing oil from algae;
(6) study the potential for the advancement of thermochemical
process technologies to produce alternative chemical feedstocks;
(7) study the potential for producing pipeline-quality natural
gas from renewable sources; and
(8) perform other research duties as requested by the
commissioner relating to the responsible development of bioenergy
resources in this state.
(c) The research committee shall meet at the call of the
commissioner.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.03, eff. September 1, 2009.
Sec. 50D.024. REIMBURSEMENT OF EXPENSES. A member of the
research committee may not receive compensation for service on
the committee. Subject to availability of funds, a research
committee member may receive reimbursement for the actual and
necessary expenses incurred while conducting research committee
business.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.03, eff. September 1, 2009.
State Codes and Statutes
Statutes > Texas > Agriculture-code > Title-3-agricultural-research-and-promotion > Chapter-50d-texas-bioenergy-policy-council-and-texas-bioenergy-research-committee
AGRICULTURE CODE
TITLE 3. AGRICULTURAL RESEARCH AND PROMOTION
CHAPTER 50D. TEXAS BIOENERGY POLICY COUNCIL AND TEXAS BIOENERGY
RESEARCH COMMITTEE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 50D.001. PURPOSE. The purpose of the Texas Bioenergy
Policy Council and the Texas Bioenergy Research Committee is to
promote the goal of making biofuels a significant part of the
energy industry in this state not later than January 1, 2019.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.03, eff. September 1, 2009.
Sec. 50D.002. DEFINITIONS. In this chapter:
(1) "Alternative chemical feedstock" means a feedstock that is
produced by a thermochemical process that converts alternative
sources of fuel, including biomass, or other renewable sources,
to a raw material to be used in the chemical manufacturing
process.
(2) "Policy council" means the Texas Bioenergy Policy Council.
(3) "Research committee" means the Texas Bioenergy Research
Committee.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.03, eff. September 1, 2009.
Sec. 50D.003. ADMINISTRATIVE SUPPORT. The department:
(1) shall provide administrative support, including staff, to
the policy council; and
(2) may allocate appropriate administrative support to the
research committee.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.03, eff. September 1, 2009.
SUBCHAPTER B. TEXAS BIOENERGY POLICY COUNCIL
Sec. 50D.011. COMPOSITION. (a) The policy council is composed
of the following 18 members:
(1) the commissioner, who serves as chair of the policy council;
(2) one representative of the Railroad Commission of Texas
designated by the commission;
(3) one representative of the Texas Commission on Environmental
Quality designated by the commission;
(4) one representative of the Public Utility Commission of Texas
designated by the commission;
(5) one representative of the Texas Water Development Board
designated by the board;
(6) the chancellor of The Texas A&M University System, or
the person designated by the chancellor;
(7) the chancellor of the Texas Tech University System, or the
person designated by the chancellor;
(8) the chancellor of The University of Texas System, or the
person designated by the chancellor;
(9) one member of the senate appointed by the lieutenant
governor;
(10) one member of the house of representatives appointed by the
speaker of the house of representatives; and
(11) eight members appointed by the governor, with each of the
following industries or groups represented by one member:
(A) research and development of feedstock and feedstock
production;
(B) retail distribution of energy;
(C) transportation of biomass feedstock;
(D) agricultural production for bioenergy production or
agricultural waste used for production of bioenergy;
(E) production of biodiesel from nonfood feedstocks;
(F) production of ethanol from nonfood feedstocks;
(G) bio-based electricity generation; and
(H) chemical manufacturing.
(b) The eight members of the policy council appointed by the
governor serve at the governor's pleasure and have two-year
staggered terms, with the terms of either three or four members
expiring on January 1 of each year.
(c) The governor shall fill any vacancy in a position appointed
by the governor for the remainder of the unexpired term.
(d) Appointments to the policy council must be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointees.
(e) The policy council is subject to Chapters 551 and 2001,
Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.03, eff. September 1, 2009.
Sec. 50D.012. REMOVAL OF POLICY COUNCIL MEMBERS. (a) A member
of the policy council may be removed from the policy council if
the member:
(1) is not able to devote the time necessary to perform the
member's duties as a member;
(2) cannot because of illness or disability discharge the
member's duties or cannot discharge those duties for a
substantial part of the term for which the member is appointed;
or
(3) is absent from more than half of the regularly scheduled
policy council meetings that the member is eligible to attend
during a calendar year, unless the absence is excused by a
majority vote of the policy council.
(b) An action of the policy council is not invalid because a
ground for removal of a policy council member exists at the time
the action is taken.
(c) If the commissioner has knowledge that a potential ground
for removal of a policy council member exists, the commissioner
shall notify the governor and attorney general of the potential
ground for removal.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.03, eff. September 1, 2009.
Sec. 50D.013. DUTIES OF POLICY COUNCIL. (a) The policy council
shall:
(1) provide a vision for unifying this state's agricultural,
energy, and research strengths in a successful launch of a
cellulosic biofuel and bioenergy industry;
(2) foster development of cellulosic-based and bio-based fuels
and build on the Texas emerging technology fund's investments in
leading-edge energy research and efforts to commercialize the
production of bioenergy;
(3) pursue the creation of a next-generation biofuels energy
research program at a university in this state;
(4) work to procure federal and other funding to aid this state
in becoming a bioenergy leader;
(5) study the feasibility and economic development effect of a
blending requirement for biodiesel or cellulosic fuels;
(6) pursue the development and use of thermochemical process
technologies to produce alternative chemical feedstocks;
(7) study the feasibility and economic development of the
requirements for pipeline-quality, renewable natural gas; and
(8) perform other advisory duties as requested by the
commissioner regarding the responsible development of bioenergy
resources in this state.
(b) The policy council shall meet regularly as necessary at the
call of the commissioner.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.03, eff. September 1, 2009.
Sec. 50D.014. REIMBURSEMENT OF EXPENSES. A member of the policy
council may not receive compensation for service on the council.
Subject to availability of funds, a policy council member may
receive reimbursement for the actual and necessary expenses
incurred while conducting policy council business.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.03, eff. September 1, 2009.
Sec. 50D.015. COORDINATION WITH FEDERAL GOVERNMENT ON BIOENERGY
POLICY. (a) In this section, "state agency" has the meaning
assigned by Section 315.002, Government Code.
(b) The policy council shall take reasonable steps to track the
development of federal bioenergy policy and provide information
relating to federal regulatory developments to each affected
state agency.
(c) Not later than October 1, 2009, the Texas Commission on
Environmental Quality shall request a determination by the United
States Environmental Protection Agency that this state will not
lose nitrogen oxide emission reduction credits currently
recognized as part of the state implementation plan if:
(1) this state allows the use of biodiesel and biodiesel blends
with no additives; and
(2) the final blend of fuel complies with state and federal
standards for cetane and aromatic hydrocarbon content.
(d) If the Texas Commission on Environmental Quality receives a
determination from the United States Environmental Protection
Agency that this state will not lose nitrogen oxide emission
reduction credits as a result of the use of biodiesel or
biodiesel blends with no additives, or if the commission
independently makes that determination, the commission may not
adopt or implement rules that restrict the production or
distribution of biodiesel or biodiesel blends in a manner more
stringent than provided by federal law.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.03, eff. September 1, 2009.
SUBCHAPTER C. TEXAS BIOENERGY RESEARCH COMMITTEE
Sec. 50D.021. COMPOSITION. (a) The research committee is
composed of the following 16 members:
(1) the commissioner or the person designated by the
commissioner, who serves as the chair of the research committee;
(2) one representative of the Railroad Commission of Texas
designated by the commission;
(3) one representative of the Texas Commission on Environmental
Quality designated by the commission;
(4) one representative of the Public Utility Commission of Texas
designated by the commission;
(5) one representative of the Texas Water Development Board
designated by the board;
(6) one researcher or specialist in the bioenergy field from
each of the following university systems, appointed by the
chancellor of the system:
(A) The Texas A&M University System;
(B) the Texas Tech University System; and
(C) The University of Texas System; and
(7) eight members, with a member appointed by each policy
council member appointed by the governor under Section
50D.011(a)(11).
(b) The eight members of the research committee appointed under
Subsection (a)(7) serve at the governor's pleasure and have
two-year staggered terms, with the terms of either three or four
members expiring on January 1 of each year.
(c) The governor shall fill any vacancy in a position appointed
under Subsection (a)(7) for the remainder of the unexpired term.
(d) Appointments to the research committee must be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointees.
(e) The research committee is subject to Chapters 551 and 2001,
Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.03, eff. September 1, 2009.
Sec. 50D.022. REMOVAL OF RESEARCH COMMITTEE MEMBERS. (a) A
member of the research committee may be removed from the research
committee if the member:
(1) is not able to devote the time necessary to perform the
member's duties as a member;
(2) cannot because of illness or disability discharge the
member's duties or cannot discharge those duties for a
substantial part of the term for which the member is appointed;
or
(3) is absent from more than half of the regularly scheduled
committee meetings that the member is eligible to attend during a
calendar year, unless the absence is excused by a majority vote
of the committee.
(b) An action of the research committee is not invalid because a
ground for removal of a committee member exists at the time the
action is taken.
(c) If the commissioner has knowledge that a potential ground
for removal of a committee member exists, the commissioner shall
notify the governor and attorney general of the potential ground
for removal.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.03, eff. September 1, 2009.
Sec. 50D.023. PURPOSES AND DUTY OF RESEARCH COMMITTEE. (a) The
research committee is a research consortium among academic and
technical research leadership, with active involvement by all
sectors of the economy interested in bioenergy development.
(b) The research committee shall:
(1) identify and research appropriate and desirable biomass
feedstock for each geographic region of this state;
(2) investigate logistical challenges to the planting,
harvesting, and transporting of large volumes of biomass and
provide recommendations to the policy council that will aid in
overcoming barriers to the transportation, distribution, and
marketing of bioenergy;
(3) identify strategies for and obstacles to the potential
transition of the agriculture industry in western regions of this
state to dryland bioenergy crops that are not dependent on
groundwater resources;
(4) explore regions of this state, including coastal areas, that
may contain available marginal land for use in growing bioenergy
feedstocks;
(5) study the potential for producing oil from algae;
(6) study the potential for the advancement of thermochemical
process technologies to produce alternative chemical feedstocks;
(7) study the potential for producing pipeline-quality natural
gas from renewable sources; and
(8) perform other research duties as requested by the
commissioner relating to the responsible development of bioenergy
resources in this state.
(c) The research committee shall meet at the call of the
commissioner.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.03, eff. September 1, 2009.
Sec. 50D.024. REIMBURSEMENT OF EXPENSES. A member of the
research committee may not receive compensation for service on
the committee. Subject to availability of funds, a research
committee member may receive reimbursement for the actual and
necessary expenses incurred while conducting research committee
business.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.03, eff. September 1, 2009.
State Codes and Statutes
Statutes >
Texas >
Agriculture-code >
Title-3-agricultural-research-and-promotion >
Chapter-50d-texas-bioenergy-policy-council-and-texas-bioenergy-research-committee AGRICULTURE CODE
TITLE 3. AGRICULTURAL RESEARCH AND PROMOTION
CHAPTER 50D. TEXAS BIOENERGY POLICY COUNCIL AND TEXAS BIOENERGY
RESEARCH COMMITTEE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 50D.001. PURPOSE. The purpose of the Texas Bioenergy
Policy Council and the Texas Bioenergy Research Committee is to
promote the goal of making biofuels a significant part of the
energy industry in this state not later than January 1, 2019.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.03, eff. September 1, 2009.
Sec. 50D.002. DEFINITIONS. In this chapter:
(1) "Alternative chemical feedstock" means a feedstock that is
produced by a thermochemical process that converts alternative
sources of fuel, including biomass, or other renewable sources,
to a raw material to be used in the chemical manufacturing
process.
(2) "Policy council" means the Texas Bioenergy Policy Council.
(3) "Research committee" means the Texas Bioenergy Research
Committee.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.03, eff. September 1, 2009.
Sec. 50D.003. ADMINISTRATIVE SUPPORT. The department:
(1) shall provide administrative support, including staff, to
the policy council; and
(2) may allocate appropriate administrative support to the
research committee.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.03, eff. September 1, 2009.
SUBCHAPTER B. TEXAS BIOENERGY POLICY COUNCIL
Sec. 50D.011. COMPOSITION. (a) The policy council is composed
of the following 18 members:
(1) the commissioner, who serves as chair of the policy council;
(2) one representative of the Railroad Commission of Texas
designated by the commission;
(3) one representative of the Texas Commission on Environmental
Quality designated by the commission;
(4) one representative of the Public Utility Commission of Texas
designated by the commission;
(5) one representative of the Texas Water Development Board
designated by the board;
(6) the chancellor of The Texas A&M University System, or
the person designated by the chancellor;
(7) the chancellor of the Texas Tech University System, or the
person designated by the chancellor;
(8) the chancellor of The University of Texas System, or the
person designated by the chancellor;
(9) one member of the senate appointed by the lieutenant
governor;
(10) one member of the house of representatives appointed by the
speaker of the house of representatives; and
(11) eight members appointed by the governor, with each of the
following industries or groups represented by one member:
(A) research and development of feedstock and feedstock
production;
(B) retail distribution of energy;
(C) transportation of biomass feedstock;
(D) agricultural production for bioenergy production or
agricultural waste used for production of bioenergy;
(E) production of biodiesel from nonfood feedstocks;
(F) production of ethanol from nonfood feedstocks;
(G) bio-based electricity generation; and
(H) chemical manufacturing.
(b) The eight members of the policy council appointed by the
governor serve at the governor's pleasure and have two-year
staggered terms, with the terms of either three or four members
expiring on January 1 of each year.
(c) The governor shall fill any vacancy in a position appointed
by the governor for the remainder of the unexpired term.
(d) Appointments to the policy council must be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointees.
(e) The policy council is subject to Chapters 551 and 2001,
Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.03, eff. September 1, 2009.
Sec. 50D.012. REMOVAL OF POLICY COUNCIL MEMBERS. (a) A member
of the policy council may be removed from the policy council if
the member:
(1) is not able to devote the time necessary to perform the
member's duties as a member;
(2) cannot because of illness or disability discharge the
member's duties or cannot discharge those duties for a
substantial part of the term for which the member is appointed;
or
(3) is absent from more than half of the regularly scheduled
policy council meetings that the member is eligible to attend
during a calendar year, unless the absence is excused by a
majority vote of the policy council.
(b) An action of the policy council is not invalid because a
ground for removal of a policy council member exists at the time
the action is taken.
(c) If the commissioner has knowledge that a potential ground
for removal of a policy council member exists, the commissioner
shall notify the governor and attorney general of the potential
ground for removal.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.03, eff. September 1, 2009.
Sec. 50D.013. DUTIES OF POLICY COUNCIL. (a) The policy council
shall:
(1) provide a vision for unifying this state's agricultural,
energy, and research strengths in a successful launch of a
cellulosic biofuel and bioenergy industry;
(2) foster development of cellulosic-based and bio-based fuels
and build on the Texas emerging technology fund's investments in
leading-edge energy research and efforts to commercialize the
production of bioenergy;
(3) pursue the creation of a next-generation biofuels energy
research program at a university in this state;
(4) work to procure federal and other funding to aid this state
in becoming a bioenergy leader;
(5) study the feasibility and economic development effect of a
blending requirement for biodiesel or cellulosic fuels;
(6) pursue the development and use of thermochemical process
technologies to produce alternative chemical feedstocks;
(7) study the feasibility and economic development of the
requirements for pipeline-quality, renewable natural gas; and
(8) perform other advisory duties as requested by the
commissioner regarding the responsible development of bioenergy
resources in this state.
(b) The policy council shall meet regularly as necessary at the
call of the commissioner.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.03, eff. September 1, 2009.
Sec. 50D.014. REIMBURSEMENT OF EXPENSES. A member of the policy
council may not receive compensation for service on the council.
Subject to availability of funds, a policy council member may
receive reimbursement for the actual and necessary expenses
incurred while conducting policy council business.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.03, eff. September 1, 2009.
Sec. 50D.015. COORDINATION WITH FEDERAL GOVERNMENT ON BIOENERGY
POLICY. (a) In this section, "state agency" has the meaning
assigned by Section 315.002, Government Code.
(b) The policy council shall take reasonable steps to track the
development of federal bioenergy policy and provide information
relating to federal regulatory developments to each affected
state agency.
(c) Not later than October 1, 2009, the Texas Commission on
Environmental Quality shall request a determination by the United
States Environmental Protection Agency that this state will not
lose nitrogen oxide emission reduction credits currently
recognized as part of the state implementation plan if:
(1) this state allows the use of biodiesel and biodiesel blends
with no additives; and
(2) the final blend of fuel complies with state and federal
standards for cetane and aromatic hydrocarbon content.
(d) If the Texas Commission on Environmental Quality receives a
determination from the United States Environmental Protection
Agency that this state will not lose nitrogen oxide emission
reduction credits as a result of the use of biodiesel or
biodiesel blends with no additives, or if the commission
independently makes that determination, the commission may not
adopt or implement rules that restrict the production or
distribution of biodiesel or biodiesel blends in a manner more
stringent than provided by federal law.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.03, eff. September 1, 2009.
SUBCHAPTER C. TEXAS BIOENERGY RESEARCH COMMITTEE
Sec. 50D.021. COMPOSITION. (a) The research committee is
composed of the following 16 members:
(1) the commissioner or the person designated by the
commissioner, who serves as the chair of the research committee;
(2) one representative of the Railroad Commission of Texas
designated by the commission;
(3) one representative of the Texas Commission on Environmental
Quality designated by the commission;
(4) one representative of the Public Utility Commission of Texas
designated by the commission;
(5) one representative of the Texas Water Development Board
designated by the board;
(6) one researcher or specialist in the bioenergy field from
each of the following university systems, appointed by the
chancellor of the system:
(A) The Texas A&M University System;
(B) the Texas Tech University System; and
(C) The University of Texas System; and
(7) eight members, with a member appointed by each policy
council member appointed by the governor under Section
50D.011(a)(11).
(b) The eight members of the research committee appointed under
Subsection (a)(7) serve at the governor's pleasure and have
two-year staggered terms, with the terms of either three or four
members expiring on January 1 of each year.
(c) The governor shall fill any vacancy in a position appointed
under Subsection (a)(7) for the remainder of the unexpired term.
(d) Appointments to the research committee must be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointees.
(e) The research committee is subject to Chapters 551 and 2001,
Government Code.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.03, eff. September 1, 2009.
Sec. 50D.022. REMOVAL OF RESEARCH COMMITTEE MEMBERS. (a) A
member of the research committee may be removed from the research
committee if the member:
(1) is not able to devote the time necessary to perform the
member's duties as a member;
(2) cannot because of illness or disability discharge the
member's duties or cannot discharge those duties for a
substantial part of the term for which the member is appointed;
or
(3) is absent from more than half of the regularly scheduled
committee meetings that the member is eligible to attend during a
calendar year, unless the absence is excused by a majority vote
of the committee.
(b) An action of the research committee is not invalid because a
ground for removal of a committee member exists at the time the
action is taken.
(c) If the commissioner has knowledge that a potential ground
for removal of a committee member exists, the commissioner shall
notify the governor and attorney general of the potential ground
for removal.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.03, eff. September 1, 2009.
Sec. 50D.023. PURPOSES AND DUTY OF RESEARCH COMMITTEE. (a) The
research committee is a research consortium among academic and
technical research leadership, with active involvement by all
sectors of the economy interested in bioenergy development.
(b) The research committee shall:
(1) identify and research appropriate and desirable biomass
feedstock for each geographic region of this state;
(2) investigate logistical challenges to the planting,
harvesting, and transporting of large volumes of biomass and
provide recommendations to the policy council that will aid in
overcoming barriers to the transportation, distribution, and
marketing of bioenergy;
(3) identify strategies for and obstacles to the potential
transition of the agriculture industry in western regions of this
state to dryland bioenergy crops that are not dependent on
groundwater resources;
(4) explore regions of this state, including coastal areas, that
may contain available marginal land for use in growing bioenergy
feedstocks;
(5) study the potential for producing oil from algae;
(6) study the potential for the advancement of thermochemical
process technologies to produce alternative chemical feedstocks;
(7) study the potential for producing pipeline-quality natural
gas from renewable sources; and
(8) perform other research duties as requested by the
commissioner relating to the responsible development of bioenergy
resources in this state.
(c) The research committee shall meet at the call of the
commissioner.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.03, eff. September 1, 2009.
Sec. 50D.024. REIMBURSEMENT OF EXPENSES. A member of the
research committee may not receive compensation for service on
the committee. Subject to availability of funds, a research
committee member may receive reimbursement for the actual and
necessary expenses incurred while conducting research committee
business.
Added by Acts 2009, 81st Leg., R.S., Ch.
506, Sec. 4.03, eff. September 1, 2009.
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