Tex. Utilities Code § 44.004 — TX Code / Code ut / Chapter 44 / Section 44.004
§ 44.004. GRID RESILIENCE EVALUATION.
Status: in_force

(a) The security commission shall evaluate, using available information on past power outages in ERCOT, all hazards to the critical infrastructure of the ERCOT electric grid, including threats that can cause future outages. The security commission shall evaluate the resilience of municipalities in this state in the following essential areas:

(1) emergency services;

(2) communications systems;

(3) water and sewer services;

(4) health care systems;

(5) financial services;

(6) energy systems, including whether energy, electric power, and fuel supplies are protected and available for recovery in the event of a catastrophic power outage; and

(7) transportation systems.

(b) The security commission may create groups to identify and address each hazard as necessary. The security commission must assess each hazard both on the likelihood of occurrence of the hazard and the potential consequences of the hazard.

(c) The security commission shall identify methods by which this state can support an overall national deterrence policy as proposed by the United States Cyberspace Solarium Commission, including by:

(1) identifying means to ensure that measures taken to increase resilience of critical infrastructure against all hazards support critical national security functions in this state; and

(2) engaging the Texas National Guard to be trained as first responders to cybersecurity threats to the ERCOT electric grid and other critical infrastructure.

(d) The security commission shall evaluate nuclear generation sites in this state, the resilience of each nuclear reactor to all hazards, and the resilience to all hazards of off-site power for critical safety systems that support the reactor and spent fuel. The security commission may communicate with the United States Nuclear Regulatory Commission to accomplish the evaluation.

(e) The security commission shall evaluate current Critical Infrastructure Protection standards established by the North American Electric Reliability Corporation and standards set by the National Institute of Standards and Technology to inform the security commission's recommended standards for protecting critical infrastructure in this state.

(f) The security commission shall investigate the steps that local communities and other states have taken to address grid resilience. The security commission may request funding from the Texas Division of Emergency Management to conduct site visits to these locations as required.

(g) The security commission shall identify universities based in this state that have expertise in cybersecurity and other matters that can contribute to the security commission's goal of mitigating all hazards to critical infrastructure in this state.

(h) In carrying out the security commission's duties under this section, the security commission may solicit information from:

(1) defense contractors with experience protecting defense systems from electromagnetic pulses;

(2) public utilities that have developed electromagnetic pulse protections for the utilities' grid assets;

(3) the United States Department of Homeland Security; and

(4) the Commission to Assess the Threat to the United States from Electromagnetic Pulse (EMP) Attack.