Texas 2021 - 87th Regular

Texas House Bill HB3583 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3583
	1	+	By: Paddie (Senate Sponsor - Hinojosa) H.B. No. 3583
	2	+	(In the Senate - Received from the House May 14, 2021;
	3	+	May 14, 2021, read first time and referred to Committee on Business &
	4	+	Commerce; May 19, 2021, reported favorably by the following vote:
	5	+	Yeas 8, Nays 0; May 19, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to energy savings performance contracts.
6	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	13		SECTION 1. Section 302.001(4), Local Government Code, is
8	14		amended to read as follows:
9	15		(4) "Energy savings performance contract" means a
10	16		contract with a provider for energy or water conservation or usage
11	17		measures in which the estimated energy savings, utility cost
12	18		savings, increase in billable revenues, or increase in meter
13	19		accuracy resulting from the measures is subject to guarantee to
14	20		offset the cost of the energy or water conservation or usage
15	21		measures over a specified period. The term does not include the
16	22		design or new construction of a water supply project, water plant,
17	23		wastewater plant, water and wastewater distribution or conveyance
18	24		facility, or drainage project. The term includes a contract
19	25		related to the pilot program described by Subdivision (9-a) and a
20	26		contract for the installation or implementation of the following in
21	27		new or existing facilities, including all causally connected work:
22	28		(A) insulation of a building structure and
23	29		systems within the building;
24	30		(B) storm windows or doors, caulking or weather
25	31		stripping, multiglazed windows or doors, heat-absorbing or
26	32		heat-reflective glazed and coated window or door systems, or other
27	33		window or door system modifications that reduce energy consumption;
28	34		(C) automatic energy control systems, including
29	35		computer software and technical data licenses;
30	36		(D) heating, ventilating, or air-conditioning
31	37		system modifications or replacements that reduce energy or water
32	38		consumption;
33	39		(E) lighting fixtures that increase energy
34	40		efficiency;
35	41		(F) energy recovery systems;
36	42		(G) electric systems improvements;
37	43		(H) water-conserving fixtures, appliances, and
38	44		equipment or the substitution of non-water-using fixtures,
39	45		appliances, and equipment;
40	46		(I) water-conserving landscape irrigation
41	47		equipment;
42	48		(J) landscaping measures that reduce watering
43	49		demands and capture and hold applied water and rainfall, including:
44	50		(i) landscape contouring, including the use
45	51		of berms, swales, and terraces; and
46	52		(ii) the use of soil amendments that
47	53		increase the water-holding capacity of the soil, including compost;
48	54		(K) rainwater harvesting equipment and equipment
49	55		to make use of water collected as part of a storm-water system
50	56		installed for water quality control;
51	57		(L) equipment for recycling or reuse of water
52	58		originating on the premises or from other sources, including
53	59		treated municipal effluent;
54	60		(M) equipment needed to capture water from
55	61		nonconventional, alternate sources, including air-conditioning
56	62		condensate or graywater, for nonpotable uses;
57	63		(N) metering or related equipment or systems that
58	64		improve the accuracy of billable-revenue-generation systems;
59	65		(O) alternative fuel programs resulting in
60	66		energy cost savings and reduced emissions for local government
61	67		vehicles, including fleet vehicles;
62	68		(P) programs resulting in utility cost savings;
63	69		or
64	70		(Q) other energy or water conservation-related
65	71		improvements or equipment, including improvements or equipment
66	72		relating to renewable energy or nonconventional water sources or
67	73		water reuse.
68	74		SECTION 2. Section 302.005, Local Government Code, is
69	75		amended by adding Subsections (d) and (e) to read as follows:
70	76		(d) The scope of an energy savings performance contract may
71	77		not be modified under this section by change order, contract
72	78		addendum, or other method:
73	79		(1) to perform work that is not related to, connected
74	80		with, or otherwise ancillary to the measures identified in the
75	81		original scope of an energy savings performance contract; or
76	82		(2) in a way that increases the price of the original
77	83		awarded contract by more than 25 percent of the original contract
78	84		value.
79	85		(e) Subsection (d) applies only to the design or
80	86		construction of a water supply project, water plant, wastewater
81	87		plant, water and wastewater distribution or conveyance facility, or
82	88		drainage project.
83	89		SECTION 3. Chapter 302, Local Government Code, is amended
84	90		by adding Section 302.008 to read as follows:
85	91		Sec. 302.008. ENFORCEMENT. (a) A contract entered into or
86	92		an arrangement made in violation of this chapter is voidable as
87	93		against public policy.
88	94		(b) This chapter may be enforced through an action for
89	95		declaratory or injunctive relief filed not later than the 10th day
90	96		after the date the contract is awarded.
91	97		SECTION 4. The changes in law made by this Act do not apply
92	98		to an energy savings performance contract entered into before the
93	99		effective date of this Act, and the former law governing the
94	100		contract is continued in effect for that purpose.
95	101		SECTION 5. This Act takes effect immediately if it receives
96	102		a vote of two-thirds of all the members elected to each house, as
97	103		provided by Section 39, Article III, Texas Constitution. If this
98	104		Act does not receive the vote necessary for immediate effect, this
99	105		Act takes effect September 1, 2021.
100		-	______________________________ ______________________________
101		-	President of the Senate Speaker of the House
102		-	I certify that H.B. No. 3583 was passed by the House on May
103		-	13, 2021, by the following vote: Yeas 145, Nays 0, 2 present, not
104		-	voting.
105		-	______________________________
106		-	Chief Clerk of the House
107		-	I certify that H.B. No. 3583 was passed by the Senate on May
108		-	21, 2021, by the following vote: Yeas 31, Nays 0.
109		-	______________________________
110		-	Secretary of the Senate
111		-	APPROVED: _____________________
112		-	Date
113		-	_____________________
114		-	Governor
	106	+	* * * * *