Texas 2009 - 81st Regular

Texas House Bill HB3149 Compare Versions

Only one version of the bill is available at this time.

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1	1	By: Anchia H.B. No. 3149
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the adoption and financing of energy efficiency,
7	7	conservation, and indoor air quality standards for the design,
8	8	construction, and renovation of public school instructional
9	9	facilities.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Chapter 46, Education Code, is
12	12	amended to read as follows:
13	13	CHAPTER 46. [ASSISTANCE WITH] INSTRUCTIONAL FACILITIES AND
14	14	ASSISTANCE WITH PAYMENT OF EXISTING DEBT
15	15	SECTION 2. Chapter 46, Education Code, is amended by adding
16	16	Subchapter D to read as follows:
17	17	SUBCHAPTER D. STANDARDS FOR INSTRUCTIONAL FACILITIES
18	18	Sec. 46.101. DEFINITION. In this subchapter,
19	19	"instructional facility" has the meaning assigned by Section
20	20	46.001.
21	21	Sec. 46.102. ENERGY EFFICIENCY AND CONSERVATION STANDARDS
22	22	FOR INSTRUCTIONAL FACILITIES. (a) In this section, "energy
23	23	office" means the State Energy Conservation Office.
24	24	(b) The energy office shall adopt energy efficiency and
25	25	conservation standards for the design, construction, and major
26	26	renovation of instructional facilities to enable school districts
27	27	to achieve long-term savings in energy and water costs through
28	28	innovative building techniques.
29	29	(c) A building to which this section applies must be
30	30	designed and constructed or renovated so that the building achieves
31	31	certification under a high-performance building standard that:
32	32	(1) is developed and revised through a consensus-based
33	33	process;
34	34	(2) provides minimum requirements for energy use,
35	35	natural resources use, and indoor air quality;
36	36	(3) requires substantiating documentation for
37	37	certification;
38	38	(4) employs third-party, post-construction review and
39	39	verification for certification; and
40	40	(5) is determined by the energy office to be
41	41	nationally recognized in the building industry, such as:
42	42	(i) the Texas Collaborative for High Performance
43	43	Schools (TX-CHPS) Criteria;
44	44	(ii) the Green Building Initiative's Green
45	45	Globes program; or
46	46	(iii) the Leadership in Energy and Environmental
47	47	Design (LEED) Green Building Rating System.
48	48	(d) A school district that constructs a new instructional
49	49	facility or conducts a major renovation of an existing
50	50	instructional facility shall ensure that the instructional
51	51	facility meets the standards adopted by the energy office under
52	52	this section.
53	53	(e) The energy office may update the standards adopted under
54	54	this section not more frequently than once every three years. A
55	55	standard adopted under this section does not become effective until
56	56	the first anniversary of the date on which the standard was adopted.
57	57	(f) The energy office shall adopt rules necessary to
58	58	administer this section. The energy office shall require all rules
59	59	to be reviewed and published for comment by an advisory panel prior
60	60	to adoption. The advisory panel, to be appointed by the
61	61	Commissioner of Education, shall include:
62	62	(i) two superintendents or their designee;
63	63	(ii) one public school architect;
64	64	(iii) one public school engineer; and
65	65	(iv) one public school trustee.
66	66	SECTION 3. Section 44.902, Education Code, is amended to
67	67	read as follows:
68	68	Sec. 44.902. GOAL TO REDUCE CONSUMPTION OF ELECTRIC
69	69	ENERGY. The board of trustees of a school district may [shall]
70	70	establish a goal to reduce the school district's annual electric
71	71	consumption by five percent each state fiscal year for six years
72	72	beginning September 1, 2007.
73	73	SECTION 4. Section 46.003(a), Education Code, is amended to
74	74	read as follows:
75	75	(a) For each year, except as provided by Sections 46.005 and
76	76	46.006, a school district is guaranteed a specified amount per
77	77	student in state and local funds for each cent of tax effort, up to
78	78	the maximum rate under Subsection (b), to pay the principal of and
79	79	interest on eligible bonds issued to construct, acquire, renovate,
80	80	or improve an instructional facility. The amount of state support
81	81	is determined by the formula:
82	82	FYA = (FYL X ADA X BTR X 100) - (BTR X (DPV/100))
83	83	where:
84	84	"FYA" is the guaranteed facilities yield amount of state
85	85	funds allocated to the district for the year;
86	86	"FYL" is the dollar amount guaranteed level of state and
87	87	local funds per student per cent of tax effort, which is $50 [$35]
88	88	or a greater amount for any year provided by appropriation;
89	89	"ADA" is the greater of the number of students in average
90	90	daily attendance, as determined under Section 42.005, in the
91	91	district or 400;
92	92	"BTR" is the district's bond tax rate for the current year,
93	93	which is determined by dividing the amount budgeted by the district
94	94	for payment of eligible bonds by the quotient of the district's
95	95	taxable value of property as determined under Subchapter M, Chapter
96	96	403, Government Code, or, if applicable, Section 42.2521, divided
97	97	by 100; and
98	98	"DPV" is the district's taxable value of property as
99	99	determined under Subchapter M, Chapter 403, Government Code, or, if
100	100	applicable, Section 42.2521.
101	101	SECTION 5. Section 46.032(a), Education Code, is amended to
102	102	read as follows:
103	103	(a) Each school district is guaranteed a specified amount
104	104	per student in state and local funds for each cent of tax effort to
105	105	pay the principal of and interest on eligible bonds. The amount of
106	106	state support, subject only to the maximum amount under Section
107	107	46.034, is determined by the formula:
108	108	EDA = (EDGL X ADA X EDTR X 100) - (EDTR X (DPV/100))
109	109	where:
110	110	"EDA" is the amount of state funds to be allocated to the
111	111	district for assistance with existing debt;
112	112	"EDGL" is the dollar amount guaranteed level of state and
113	113	local funds per student per cent of tax effort, which is $50 [$35]
114	114	or a greater amount for any year provided by appropriation;
115	115	"ADA" is the number of students in average daily attendance,
116	116	as determined under Section 42.005, in the district;
117	117	"EDTR" is the existing debt tax rate of the district, which is
118	118	determined by dividing the amount budgeted by the district for
119	119	payment of eligible bonds by the quotient of the district's taxable
120	120	value of property as determined under Subchapter M, Chapter 403,
121	121	Government Code, or, if applicable, under Section 42.2521, divided
122	122	by 100; and
123	123	"DPV" is the district's taxable value of property as
124	124	determined under Subchapter M, Chapter 403, Government Code, or, if
125	125	applicable, under Section 42.2521.
126	126	SECTION 6. Not later than July 1, 2010, the State Energy
127	127	Conservation Office shall adopt rules establishing energy
128	128	efficiency, conservation, and indoor air quality standards for the
129	129	design, construction, and renovation of public school
130	130	instructional facilities as required by Section 46.102, Education
131	131	Code, as added by this Act.
132	132	SECTION 7. This Act takes effect immediately if it receives
133	133	a vote of two-thirds of all the members elected to each house, as
134	134	provided by Section 39, Article III, Texas Constitution. If this
135	135	Act does not receive the vote necessary for immediate effect, this
136	136	Act takes effect September 1, 2009.