81R1758 BEF-D
By: Lucio III H.B. No. 431
A BILL TO BE ENTITLED
AN ACT
relating to design and construction standards for newly constructed
or renovated state buildings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter I, Chapter 2166, Government Code, is
amended by adding Section 2166.409 to read as follows:
Sec. 2166.409. HIGH-PERFORMANCE, SUSTAINABLE DESIGN AND
CONSTRUCTION SPECIFICATIONS FOR RENOVATED OR NEW STATE BUILDING.
(a) In this section, "renovation" or "renovated" means a building
renovation project in which:
(1) the cost of the renovation is more than 50 percent
of the value of the building; or
(2) the area of the building being renovated, measured
in square feet, is more than 50 percent of the total area of the
building.
(b) This section applies to the construction of a state
building larger than 10,000 square feet or to the renovation of such
a state building, including a building construction project
involving a state building larger than 10,000 square feet that is
otherwise exempt from this chapter under Section 2166.003, except
that this section does not apply to a project constructed by and for
an institution of higher education as defined by Section 61.003,
Education Code.
(c) A building to which this section applies that is being
constructed or renovated must be designed and constructed or
renovated so that the building may be certified under the United
States Green Building Council's Leadership in Energy and
Environmental Design (LEED) rating system as that standard exists
as of September 1, 2009.
(d) The commission shall adopt rules for the administration
of this section. The rules may establish an exception to the
application of this section for a type of building if the commission
determines that:
(1) the standards described by Subsection (c) do not
apply to that type of building; or
(2) there is no practical way to apply the standards
described by Subsection (c) to the design and construction of that
type of building.
(e) The commission shall:
(1) monitor and document:
(A) each state agency's compliance with this
section; and
(B) any operating savings resulting from the
design and construction or renovation of buildings in accordance
with this section; and
(2) not later than September 1 of each even-numbered
year, submit to the legislature and governor a report regarding:
(A) the commission's findings under Subdivision
(1);
(B) any instances in which, and the reasons for
which, a state building was not designed and constructed or
renovated in the manner provided by Subsection (c); and
(C) any recommendations the commission considers
appropriate.
(f) Subsection (e) and this subsection expire September 2,
2018.
SECTION 2. (a) The state auditor shall prepare a report
concerning the implementation of the design and construction
specifications required by this Act and shall present the report to
the 83rd Legislature not later than January 15, 2013. The report
must include:
(1) the costs of implementing the specifications;
(2) the operating savings attributable to
implementing the specifications, including energy and maintenance
savings;
(3) any impact on employee productivity resulting from
implementing the specifications;
(4) the effectiveness of the implementation of the
specifications; and
(5) any recommendations the state auditor considers
appropriate.
(b) This section expires January 16, 2013.
SECTION 3. Section 2166.409, Government Code, as added by
this Act, applies only to the construction or renovation of a
building for which the contract for design services is entered into
on or after September 1, 2009.
SECTION 4. This Act takes effect September 1, 2009.