81R2259 BEF-D
By: Shapleigh S.B. No. 670
A BILL TO BE ENTITLED
AN ACT
relating to design and construction standards for newly constructed
state buildings, public school facilities, and higher education
facilities.
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 NEW STATE BUILDING. (a) This
section applies to the construction of a state building, including
a building construction project 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.
(b) A building to which this section applies must be
designed and constructed 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.
(c) 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 (b) do not
apply to that type of building; or
(2) there is no practical way to apply the standards
described by Subsection (b) to the design and construction of that
type of building.
(d) 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 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 in the
manner provided by Subsection (b); and
(C) any recommendations the commission considers
appropriate.
SECTION 2. Subchapter Z, Chapter 44, Education Code, is
amended by adding Section 44.904 to read as follows:
Sec. 44.904. HIGH-PERFORMANCE, SUSTAINABLE DESIGN AND
CONSTRUCTION SPECIFICATIONS FOR CERTAIN NEWLY CONSTRUCTED
FACILITIES. (a) In this section, "instructional facility" has the
meaning assigned by Section 46.001.
(b) This section applies to a newly constructed
instructional facility of a school district.
(c) A facility to which this section applies must be
designed and constructed so that the facility 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 agency 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 facility if the agency
determines that:
(1) the standards described by Subsection (c) do not
apply to that type of facility; or
(2) there is no practical way to apply the standards
described by Subsection (c) to the design and construction of that
type of facility.
(e) The agency shall:
(1) monitor and document:
(A) each district's compliance with this
section; and
(B) any operating savings resulting from the
design and construction of facilities 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 agency's findings under Subdivision (1);
(B) any instances in which, and the reasons for
which, a facility was not designed and constructed in the manner
provided by Subsection (c); and
(C) any recommendations the agency considers
appropriate.
SECTION 3. Subchapter C, Chapter 61, Education Code, is
amended by adding Section 61.0584 to read as follows:
Sec. 61.0584. HIGH-PERFORMANCE, SUSTAINABLE DESIGN AND
CONSTRUCTION SPECIFICATIONS FOR CERTAIN NEWLY CONSTRUCTED
FACILITIES. (a) This section applies to a newly constructed
facility of an institution of higher education.
(b) A facility to which this section applies must be
designed and constructed so that the facility 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.
(c) The board 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 facility if the board
determines that:
(1) the standards described by Subsection (b) do not
apply to that type of facility; or
(2) there is no practical way to apply the standards
described by Subsection (b) to the design and construction of that
type of facility.
(d) The board shall:
(1) monitor and document:
(A) each institution's compliance with this
section; and
(B) any operating savings resulting from the
design and construction of facilities 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 board's findings under Subdivision (1);
(B) any instances in which, and the reasons for
which, a facility was not designed and constructed in the manner
provided by Subsection (b); and
(C) any recommendations the board considers
appropriate.
SECTION 4. (a) The Texas Facilities Commission shall
establish and appoint members to an advisory committee to make
recommendations to and advise the commission on the implementation
of the design and construction specifications required by this Act.
The advisory committee must include representatives of:
(1) the design and construction industry involved in
public building contracts;
(2) the Texas Education Agency;
(3) the Texas Higher Education Coordinating Board;
(4) institutions of higher education; and
(5) public school districts.
(b) This section expires and the advisory committee is
abolished September 1, 2011.
SECTION 5. (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 and student
performance 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 6. Sections 44.904 and 61.0584, Education Code, and
Section 2166.409, Government Code, as added by this Act, apply only
to the construction of a facility or building for which the contract
for design services is entered into on or after September 1, 2009.
SECTION 7. This Act takes effect September 1, 2009.