89th Legislature Regular Session

SB 2717

Overall Vote Recommendation
No
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest

SB 2717 proposes the creation of the Texas Energy Efficiency Council, a new body within the Texas Utilities Code, to enhance coordination, evaluation, and public access to energy efficiency efforts statewide. The Council is intended to act as a central hub for monitoring and promoting energy efficiency programs, optimizing resource use, and facilitating collaboration across state agencies and political subdivisions.

The Council will consist of 11 ex-officio members, including leadership from major state agencies such as the Public Utility Commission, the Texas Commission on Environmental Quality, ERCOT, the Texas Department of Housing and Community Affairs, and others with influence over energy infrastructure, economic development, and public building standards. These members may designate a representative from their respective agencies to serve in their place. The presiding officer of the Commission (likely the Public Utility Commission) or a designee will chair the Council.

Key responsibilities include:

  • Evaluating and coordinating energy efficiency programs across the state
  • Creating a central repository of information for statewide energy efficiency initiatives
  • Leveraging federal funding opportunities from the U.S. Department of Energy, HUD, and other sources
  • Providing public access to energy efficiency programs through searchable online tools
  • Recommending performance benchmarks and encouraging adoption of best practices

The Council is required to meet at least twice per year, and administrative support will be provided by the Commission. The Council will work closely with the State Energy Conservation Office and use its website, along with that of the Commission, to publish program lists and interactive consumer tools.

The bill seeks to improve transparency, increase public engagement in energy-saving opportunities, and ensure state-level readiness to coordinate federal energy investments—without imposing new mandates on individuals or private businesses.

The Committee Substitute for SB 2717 introduces several substantive enhancements and structural refinements compared to the originally filed version of the bill. Most notably, the substitute expands the membership of the Texas Energy Efficiency Council from nine to eleven ex officio members. It adds the executive director of the Texas Facilities Commission and the executive director of the Texas Department of Licensing and Regulation. This change broadens the Council's institutional perspective, ensuring that expertise from building infrastructure and regulatory compliance are part of the decision-making and coordination process for energy efficiency initiatives.

Additionally, the substitute refines and expands the Council's public outreach responsibilities. While both versions require the development of a list of current energy efficiency programs, the substitute clarifies the need for a user-friendly, address-based search tool that consumers can use to locate energy efficiency programs specific to their service areas. This increased focus on accessibility and consumer engagement adds value by helping Texans better navigate available efficiency resources.

The substitute also improves the structure and readability of the bill’s language, clarifying definitions and procedures without altering the core purpose. Administrative responsibilities remain with the Public Utility Commission, and the Council is still required to meet biannually and issue a biennial report to the Legislature. Statutory exemptions from certain government transparency laws (e.g., open meetings and advisory committee regulations) are preserved in both versions.

Overall, the Committee Substitute maintains the original bill's intent but strengthens its implementation framework. The expanded Council membership and enhanced consumer-facing tools provide a more comprehensive and practical approach to coordinating energy efficiency policy across the state.

Author
Jose Menendez
Co-Author
Judith Zaffirini
Fiscal Notes

According to the Legislative Budget Board (LBB), SB 2717 would have no significant fiscal implication to the State. The analysis assumes that any costs associated with establishing and operating the Texas Energy Efficiency Council can be absorbed within the existing resources of the participating state agencies. This implies that the Council’s administrative needs, such as staffing, meeting coordination, and digital infrastructure for publishing program information, will not require new appropriations or additional funding.

From the perspective of local governments, the bill is also not expected to create a fiscal burden. The LBB found no significant fiscal implication for local entities, as the Council's activities are largely evaluative, advisory, and designed to improve coordination and access to existing energy efficiency programs—many of which are federally funded or already managed by state agencies and utilities.

In sum, the fiscal approach of SB 2717 is one of organizational optimization rather than new spending. By consolidating and coordinating existing energy-related efforts under a structured council, the bill seeks to improve transparency and performance tracking without expanding government budgets. The involvement of multiple agencies—such as the Public Utility Commission, Texas Commission on Environmental Quality, and Texas A&M Engineering Experiment Station—provides an interagency framework supported through shared resources.

Vote Recommendation Notes

While the bill is structured as an advisory and informational body, and carries no immediate fiscal or regulatory implications, there are strong, liberty-based reasons to oppose SB 2717. Chief among them is the concern that the Council lays the groundwork for future regulatory expansion. Though it currently lacks enforcement power, the Council could later be reauthorized or amended to justify mandates, usage restrictions, or centralized energy behavior policies. Texas has witnessed similar mission creep in other areas of policy where benign coordination bodies eventually evolved into powerful policy influencers.

Moreover, the bill makes frequent reference to leveraging federal funds from agencies such as the U.S. Department of Energy and HUD—raising legitimate questions about the strings attached to those dollars. Federal incentives often come with shifting expectations, especially in areas tied to climate policy, equity mandates, and green energy transition goals. Establishing a mechanism for coordinating access to such funds may inadvertently open the door to federal influence over Texas energy policy, even if no such obligations are present now.

The language of the bill also includes undefined and broad phrases such as "optimize energy consumption" and "facilitate emergency load management." These raise concerns about what exactly the Council might advocate in future reports. Could this justify demand-response mandates, utility rationing programs, or pressure to limit use of appliances powered by natural gas or fossil fuels? While those actions are not authorized in this bill, the vague terminology leaves open significant interpretive ambiguity, which could be exploited later by less liberty-minded leadership.

Lastly, while the fiscal note asserts no significant cost to the state or local governments, the creation of a new, ongoing governmental body inherently contradicts the principle of limited government. Texas already has multiple agencies (PUC, SECO, ERCOT, and others) engaged in energy efficiency policy. Adding another entity—even one designed for coordination—risks duplicative efforts, redundant reporting, and expanding administrative layers without delivering concrete value to the taxpayer.

SB 2717 is not overtly coercive, but its potential implications—particularly regarding future mandates, federal entanglements, and creeping bureaucratic scope—justify Texas Policy Research's recommendation that lawmakers vote NO. The bill is unnecessary, unclear, and structurally open to future misuse, and therefore, should be opposed in order to safeguard Texas' energy sovereignty, fiscal prudence, and commitment to limited government. From a liberty perspective, SB 2717 may appear benign today—but its structure, language, and embedded assumptions reflect a mindset of central planning, bureaucratic expansion, and subtle conditioning of public behavior. It invites federal entanglement and opens doors for future mandates while offering only speculative and indirect benefits to liberty-minded Texans.


Supporting liberty means not only opposing coercion in the present but also guarding against the institutional vehicles that enable it in the future. 

  • Individual Liberty: While the bill contains no immediate restrictions on personal energy use, the bill lays the groundwork for possible future interventions. The Council is tasked with evaluating and recommending ways to “optimize energy consumption” and “facilitate emergency load management,” which—though currently advisory—could eventually support policies that lead to involuntary rationing, remote control of appliances, or pressure to reduce usage. Even without explicit enforcement, cultural and institutional pressure can create de facto limits on individual choices, especially in areas as essential as heating, cooling, and appliance use.
  • Personal Responsibility: The bill's central purpose is to coordinate and standardize energy efficiency programs across multiple agencies. While this may sound beneficial, it risks replacing locally driven, voluntary efforts with a top-down framework heavily influenced by centralized state or even federal priorities. Rather than trusting Texans to make responsible energy decisions, the Council might frame “efficiency” through a one-size-fits-all lens that incentivizes conformity over choice. This could erode the cultural foundation of self-governance and individual initiative.
  • Free Enterprise: Though the bill imposes no direct regulations on private businesses, it opens the door to future government-defined efficiency standards that may favor certain industries (e.g., renewable energy firms or contractors offering weatherization services) over others (e.g., fossil fuel producers or appliance manufacturers). Moreover, by facilitating access to federal funds, the Council could help channel taxpayer dollars into programs that distort the market, crowd out competition, or create winners and losers based on political influence rather than consumer choice.
  • Private Property Rights: The bill does not directly affect property rights, but phrases like "implementing energy cost reduction measures" and “enhancing energy efficiency” could support future recommendations that intrude on property autonomy—especially in cases involving building codes, appliance standards, or utility infrastructure on private land. If future legislation builds on this Council’s findings, property owners could be pressured to comply with state-endorsed “efficiency upgrades” or lose access to benefits, rebates, or grid priority. This concern is not theoretical—it reflects what has happened in other states under similar energy policy frameworks.
  • Limited Government: Perhaps the clearest liberty violation is to the principle of limited government. The bill creates a new standing entity within the state bureaucracy, assigns it biennial reporting duties, and charges it with coordinating among numerous agencies. Even if it operates without a budget today, it creates a permanent apparatus that can grow in influence, receive future appropriations, and become the vehicle through which federal or ideological agendas are advanced. In short: it adds more government, not less—even if softly and incrementally.

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