Texas 2009 - 81st Regular

Texas Senate Bill SB670 Compare Versions

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

Old	New	Differences
1	1	81R2259 BEF-D
2	2	By: Shapleigh S.B. No. 670
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to design and construction standards for newly constructed
8	8	state buildings, public school facilities, and higher education
9	9	facilities.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter I, Chapter 2166, Government Code, is
12	12	amended by adding Section 2166.409 to read as follows:
13	13	Sec. 2166.409. HIGH-PERFORMANCE, SUSTAINABLE DESIGN AND
14	14	CONSTRUCTION SPECIFICATIONS FOR NEW STATE BUILDING. (a) This
15	15	section applies to the construction of a state building, including
16	16	a building construction project otherwise exempt from this chapter
17	17	under Section 2166.003, except that this section does not apply to a
18	18	project constructed by and for an institution of higher education
19	19	as defined by Section 61.003, Education Code.
20	20	(b) A building to which this section applies must be
21	21	designed and constructed so that the building may be certified
22	22	under the United States Green Building Council's Leadership in
23	23	Energy and Environmental Design (LEED) rating system as that
24	24	standard exists as of September 1, 2009.
25	25	(c) The commission shall adopt rules for the administration
26	26	of this section. The rules may establish an exception to the
27	27	application of this section for a type of building if the commission
28	28	determines that:
29	29	(1) the standards described by Subsection (b) do not
30	30	apply to that type of building; or
31	31	(2) there is no practical way to apply the standards
32	32	described by Subsection (b) to the design and construction of that
33	33	type of building.
34	34	(d) The commission shall:
35	35	(1) monitor and document:
36	36	(A) each state agency's compliance with this
37	37	section; and
38	38	(B) any operating savings resulting from the
39	39	design and construction of buildings in accordance with this
40	40	section; and
41	41	(2) not later than September 1 of each even-numbered
42	42	year, submit to the legislature and governor a report regarding:
43	43	(A) the commission's findings under Subdivision
44	44	(1);
45	45	(B) any instances in which, and the reasons for
46	46	which, a state building was not designed and constructed in the
47	47	manner provided by Subsection (b); and
48	48	(C) any recommendations the commission considers
49	49	appropriate.
50	50	SECTION 2. Subchapter Z, Chapter 44, Education Code, is
51	51	amended by adding Section 44.904 to read as follows:
52	52	Sec. 44.904. HIGH-PERFORMANCE, SUSTAINABLE DESIGN AND
53	53	CONSTRUCTION SPECIFICATIONS FOR CERTAIN NEWLY CONSTRUCTED
54	54	FACILITIES. (a) In this section, "instructional facility" has the
55	55	meaning assigned by Section 46.001.
56	56	(b) This section applies to a newly constructed
57	57	instructional facility of a school district.
58	58	(c) A facility to which this section applies must be
59	59	designed and constructed so that the facility may be certified
60	60	under the United States Green Building Council's Leadership in
61	61	Energy and Environmental Design (LEED) rating system as that
62	62	standard exists as of September 1, 2009.
63	63	(d) The agency shall adopt rules for the administration of
64	64	this section. The rules may establish an exception to the
65	65	application of this section for a type of facility if the agency
66	66	determines that:
67	67	(1) the standards described by Subsection (c) do not
68	68	apply to that type of facility; or
69	69	(2) there is no practical way to apply the standards
70	70	described by Subsection (c) to the design and construction of that
71	71	type of facility.
72	72	(e) The agency shall:
73	73	(1) monitor and document:
74	74	(A) each district's compliance with this
75	75	section; and
76	76	(B) any operating savings resulting from the
77	77	design and construction of facilities in accordance with this
78	78	section; and
79	79	(2) not later than September 1 of each even-numbered
80	80	year, submit to the legislature and governor a report regarding:
81	81	(A) the agency's findings under Subdivision (1);
82	82	(B) any instances in which, and the reasons for
83	83	which, a facility was not designed and constructed in the manner
84	84	provided by Subsection (c); and
85	85	(C) any recommendations the agency considers
86	86	appropriate.
87	87	SECTION 3. Subchapter C, Chapter 61, Education Code, is
88	88	amended by adding Section 61.0584 to read as follows:
89	89	Sec. 61.0584. HIGH-PERFORMANCE, SUSTAINABLE DESIGN AND
90	90	CONSTRUCTION SPECIFICATIONS FOR CERTAIN NEWLY CONSTRUCTED
91	91	FACILITIES. (a) This section applies to a newly constructed
92	92	facility of an institution of higher education.
93	93	(b) A facility to which this section applies must be
94	94	designed and constructed so that the facility may be certified
95	95	under the United States Green Building Council's Leadership in
96	96	Energy and Environmental Design (LEED) rating system as that
97	97	standard exists as of September 1, 2009.
98	98	(c) The board shall adopt rules for the administration of
99	99	this section. The rules may establish an exception to the
100	100	application of this section for a type of facility if the board
101	101	determines that:
102	102	(1) the standards described by Subsection (b) do not
103	103	apply to that type of facility; or
104	104	(2) there is no practical way to apply the standards
105	105	described by Subsection (b) to the design and construction of that
106	106	type of facility.
107	107	(d) The board shall:
108	108	(1) monitor and document:
109	109	(A) each institution's compliance with this
110	110	section; and
111	111	(B) any operating savings resulting from the
112	112	design and construction of facilities in accordance with this
113	113	section; and
114	114	(2) not later than September 1 of each even-numbered
115	115	year, submit to the legislature and governor a report regarding:
116	116	(A) the board's findings under Subdivision (1);
117	117	(B) any instances in which, and the reasons for
118	118	which, a facility was not designed and constructed in the manner
119	119	provided by Subsection (b); and
120	120	(C) any recommendations the board considers
121	121	appropriate.
122	122	SECTION 4. (a) The Texas Facilities Commission shall
123	123	establish and appoint members to an advisory committee to make
124	124	recommendations to and advise the commission on the implementation
125	125	of the design and construction specifications required by this Act.
126	126	The advisory committee must include representatives of:
127	127	(1) the design and construction industry involved in
128	128	public building contracts;
129	129	(2) the Texas Education Agency;
130	130	(3) the Texas Higher Education Coordinating Board;
131	131	(4) institutions of higher education; and
132	132	(5) public school districts.
133	133	(b) This section expires and the advisory committee is
134	134	abolished September 1, 2011.
135	135	SECTION 5. (a) The state auditor shall prepare a report
136	136	concerning the implementation of the design and construction
137	137	specifications required by this Act and shall present the report to
138	138	the 83rd Legislature not later than January 15, 2013. The report
139	139	must include:
140	140	(1) the costs of implementing the specifications;
141	141	(2) the operating savings attributable to
142	142	implementing the specifications, including energy and maintenance
143	143	savings;
144	144	(3) any impact on employee productivity and student
145	145	performance resulting from implementing the specifications;
146	146	(4) the effectiveness of the implementation of the
147	147	specifications; and
148	148	(5) any recommendations the state auditor considers
149	149	appropriate.
150	150	(b) This section expires January 16, 2013.
151	151	SECTION 6. Sections 44.904 and 61.0584, Education Code, and
152	152	Section 2166.409, Government Code, as added by this Act, apply only
153	153	to the construction of a facility or building for which the contract
154	154	for design services is entered into on or after September 1, 2009.
155	155	SECTION 7. This Act takes effect September 1, 2009.