Texas 2015 - 84th Regular

Texas House Bill HB599 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		84R12619 KEL-F
2	2		By: Clardy H.B. No. 599
3		-	Substitute the following for H.B. No. 599:
4		-	By: Turner of Tarrant C.S.H.B. No. 599
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to energy savings performance contracts entered into by
10	8		public institutions of higher education.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 51.927, Education Code, is amended by
13	11		amending Subsections (i) and (l) and adding Subsections (i-1) and
14	12		(i-2) to read as follows:
15	13		(i) An energy savings performance contract shall be let
16	14		according to the procedures established for procuring certain
17	15		professional services by Section 2254.004, Government Code. Notice
18	16		of the request for qualifications shall be given in the manner
19	17		provided by Section 2156.002, Government Code. The [Texas Higher
20	18		Education Coordinating Board, in consultation with the] State
21	19		Energy Conservation Office [with regard to energy and water
22	20		conservation measures,] shall establish guidelines and an approval
23	21		process for awarding energy savings performance contracts under
24	22		this section.
25	23		(i-1) The guidelines established under Subsection (i) must
26	24		require that the cost savings projected by an offeror be reviewed by
27	25		a licensed professional engineer who has a minimum of three years of
28	26		experience in energy calculation and review, is not an officer or
29	27		employee of an offeror for the contract under review, and is not
30	28		otherwise associated with the contract. In conducting the review,
31	29		the engineer shall focus primarily on the proposed improvements
32	30		from an engineering perspective, the methodology and calculations
33	31		related to cost savings, increases in revenue, and, if applicable,
34	32		efficiency or accuracy of metering equipment. An engineer who
35	33		reviews a contract shall maintain the confidentiality of any
36	34		proprietary information the engineer acquires while reviewing the
37	35		contract. Sections 1001.053 and 1001.407, Occupations Code, apply
38	36		to work performed under the contract.
39	37		(i-2) The board may not enter into an energy savings
40	38		performance contract unless the contract has been [A contract is
41	39		not required to be reviewed or] approved by the State Energy
42	40		Conservation Office. The contract may not be reviewed by the Texas
43	41		Higher Education Coordinating Board, regardless of any duties of
44	42		the coordinating board that exist under Section 61.058 with respect
45	43		to the construction, repair, or rehabilitation of buildings and
46	44		facilities at public institutions of higher education [Sections
47	45		1001.053 and 1001.407, Occupations Code, apply to work performed
48	46		under the contract].
49	47		(l) The guidelines established under Subsection (i) must
50	48		require the State Energy Conservation Office [Texas Higher
51	49		Education Coordinating Board] to:
52	50		(1) review any reports submitted to the office [board]
53	51		that measure and verify cost savings to an institution of higher
54	52		education under an energy savings performance contract; and
55	53		(2) based on the reports, provide an analysis, on a
56	54		periodic basis, of the cost savings under the energy savings
57	55		performance contract to the governing board of the institution of
58	56		higher education and the Legislative Budget Board until the
59	57		governing board of the institution of higher education determines
60	58		that the analysis is no longer required to accurately measure cost
61	59		savings.
62	60		SECTION 2. The change in law made by this Act to Section
63	61		51.927, Education Code, does not apply to an energy savings
64	62		performance contract submitted for approval by the Texas Higher
65	63		Education Coordinating Board under that section before the
66	64		effective date of this Act, and the former law governing the
67	65		approval of that contract is continued in effect for that purpose.
68	66		SECTION 3. This Act takes effect September 1, 2015.