84R12619 KEL-F
By: Clardy H.B. No. 599
Substitute the following for H.B. No. 599:
By: Turner of Tarrant C.S.H.B. No. 599
A BILL TO BE ENTITLED
AN ACT
relating to energy savings performance contracts entered into by
public institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51.927, Education Code, is amended by
amending Subsections (i) and (l) and adding Subsections (i-1) and
(i-2) to read as follows:
(i) An energy savings performance contract shall be let
according to the procedures established for procuring certain
professional services by Section 2254.004, Government Code. Notice
of the request for qualifications shall be given in the manner
provided by Section 2156.002, Government Code. The [Texas Higher
Education Coordinating Board, in consultation with the] State
Energy Conservation Office [with regard to energy and water
conservation measures,] shall establish guidelines and an approval
process for awarding energy savings performance contracts under
this section.
(i-1) The guidelines established under Subsection (i) must
require that the cost savings projected by an offeror be reviewed by
a licensed professional engineer who has a minimum of three years of
experience in energy calculation and review, is not an officer or
employee of an offeror for the contract under review, and is not
otherwise associated with the contract. In conducting the review,
the engineer shall focus primarily on the proposed improvements
from an engineering perspective, the methodology and calculations
related to cost savings, increases in revenue, and, if applicable,
efficiency or accuracy of metering equipment. An engineer who
reviews a contract shall maintain the confidentiality of any
proprietary information the engineer acquires while reviewing the
contract. Sections 1001.053 and 1001.407, Occupations Code, apply
to work performed under the contract.
(i-2) The board may not enter into an energy savings
performance contract unless the contract has been [A contract is
not required to be reviewed or] approved by the State Energy
Conservation Office. The contract may not be reviewed by the Texas
Higher Education Coordinating Board, regardless of any duties of
the coordinating board that exist under Section 61.058 with respect
to the construction, repair, or rehabilitation of buildings and
facilities at public institutions of higher education [Sections
1001.053 and 1001.407, Occupations Code, apply to work performed
under the contract].
(l) The guidelines established under Subsection (i) must
require the State Energy Conservation Office [Texas Higher
Education Coordinating Board] to:
(1) review any reports submitted to the office [board]
that measure and verify cost savings to an institution of higher
education under an energy savings performance contract; and
(2) based on the reports, provide an analysis, on a
periodic basis, of the cost savings under the energy savings
performance contract to the governing board of the institution of
higher education and the Legislative Budget Board until the
governing board of the institution of higher education determines
that the analysis is no longer required to accurately measure cost
savings.
SECTION 2. The change in law made by this Act to Section
51.927, Education Code, does not apply to an energy savings
performance contract submitted for approval by the Texas Higher
Education Coordinating Board under that section before the
effective date of this Act, and the former law governing the
approval of that contract is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2015.