By Stiles H.B. No. 2260
Substitute the following for H.B. No. 2260:
By Seidlits C.S.H.B. No. 2260
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the transfer of certain functions from the governor's
1-3 office and to the transfer of certain related programs.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 752.001, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 752.001. Office of Immigration and Refugee Affairs.
1-8 The Office of Immigration and Refugee Affairs is created within the
1-9 Texas Department of Human Services <governor's office>.
1-10 SECTION 2. Section 752.003, Government Code, is amended to
1-11 read as follows:
1-12 Sec. 752.003. Refugee Coordinator. The governor shall
1-13 appoint a refugee coordinator for the office to serve at the
1-14 pleasure of the governor. The refugee coordinator shall serve as
1-15 chief administrative officer of the office and shall ensure
1-16 coordination of public and private resources in refugee
1-17 resettlement.
1-18 SECTION 3. Article 4413(701), Revised Statutes, is amended
1-19 to read as follows:
1-20 Art. 4413(701). Health and Human Services Transportation and
1-21 Planning Office
1-22 Sec. 1. Office. The Health and Human Services
1-23 Transportation and Planning Office is in the Texas Department of
2-1 Transportation <governor's office>.
2-2 Sec. 2. Powers and Duties. The Health and Human Services
2-3 Transportation and Planning Office shall:
2-4 (1) collect data on health and human services client
2-5 transportation needs, services, and expenditures;
2-6 (2) create a statewide coordination plan regarding a
2-7 system of transportation for clients of health and human services
2-8 agencies including the designation of locally based transportation
2-9 coordinators;
2-10 (3) establish standards of reporting and accounting
2-11 methods for all agencies providing health and human services client
2-12 transportation;
2-13 (4) maximize federal funds for client transportation
2-14 through the use of available state funds for matching purposes and
2-15 the possible use of oil overcharge money and planning funds
2-16 available through the federal Department of Transportation;
2-17 (5) evaluate the effectiveness of pooling client
2-18 transportation resources for purposes of capital acquisition and
2-19 the joint purchase of liability insurance;
2-20 (6) assist state agencies in coordinating
2-21 transportation resources;
2-22 (7) ensure coordination between the Health and Human
2-23 Services Transportation and Planning Office and other parts of the
2-24 Texas <State> Department of <Highways and Public> Transportation
2-25 with regard to the use of funds received by the department <State
3-1 Department of Highways and Public Transportation> under 49 U.S.C.
3-2 Section 1612(b)(1);
3-3 (8) examine the feasibility of consolidating all
3-4 funding for health and human services client transportation and
3-5 creating a transportation system through which clients of any state
3-6 or local agency or program could be matched with the most
3-7 cost-effective and appropriate transportation services for their
3-8 needs; and
3-9 (9) evaluate the use of existing computer software for
3-10 use at the local level in client transportation services.
3-11 Sec. 3. Office Staff. The Texas Department of
3-12 Transportation <governor> shall employ staff needed to carry out
3-13 the duties of the office.
3-14 SECTION 4. Section 2(5), Oil Overcharge Restitutionary Act
3-15 (Article 4413(56), Vernon's Texas Civil Statutes), is amended to
3-16 read as follows:
3-17 (5) "Energy office" means the energy office of the
3-18 General Services Commission <office of the governor>.
3-19 SECTION 5. Section 3(c), Oil Overcharge Restitutionary Act
3-20 (Article 4413(56), Vernon's Texas Civil Statutes), is amended to
3-21 read as follows:
3-22 (c) The office of the governor shall establish programs and
3-23 criteria and evaluate proposals in accordance with applicable
3-24 federal guidelines. The energy office <of the governor> is
3-25 responsible for the transmission to the appropriate federal entity
4-1 of all information required under applicable federal guidelines
4-2 regarding programs and proposals subject to this Act.
4-3 SECTION 6. Section 12, Oil Overcharge Restitutionary Act
4-4 (Article 4413(56), Vernon's Texas Civil Statutes), is amended to
4-5 read as follows:
4-6 Sec. 12. Native American restitutionary program. The energy
4-7 office <Texas Indian Commission> is the supervising agency for a
4-8 direct grant program to be known as the Native American
4-9 restitutionary program. Under the program, the energy office
4-10 <commission> shall distribute money granted under this Act in
4-11 accordance with the applicable federal guidelines for the purpose
4-12 of providing energy-related assistance to Native Americans of this
4-13 state.
4-14 SECTION 7. The heading of Chapter 447, Government Code, is
4-15 amended to read as follows:
4-16 CHAPTER 447. ENERGY MANAGEMENT CENTER
4-17 <OF THE OFFICE OF THE GOVERNOR>
4-18 SECTION 8. Section 447.001, Government Code, is amended to
4-19 read as follows:
4-20 Sec. 447.001. Establishment of Center. The energy
4-21 management center is established in the General Services Commission
4-22 <as a division of the office of the governor>.
4-23 SECTION 9. Sections 447.004(a), (c), and (d), Government
4-24 Code, are amended to read as follows:
4-25 (a) The <Through the> energy management center<, the office
5-1 of the governor> shall adopt and publish energy conservation design
5-2 standards, under the Administrative Procedure and Texas Register
5-3 Act (Article 6252-13a, Vernon's Texas Civil Statutes), that all new
5-4 state buildings and major renovation projects, including buildings
5-5 and major renovation projects of state-supported institutions of
5-6 higher education, are required to meet. The center <office of the
5-7 governor> shall define what constitutes a major renovation project
5-8 under this section and shall review and update the standards
5-9 biennially.
5-10 (c) The standards must be adopted in terms of energy
5-11 consumption levels and must take into consideration the various
5-12 classes of building uses and must allow for design flexibility.
5-13 Procedural standards must be directed toward specific design and
5-14 building practices that produce good thermal resistance and low
5-15 infiltration and toward requiring practices in the design of
5-16 mechanical and electrical systems that maximize energy efficiency.
5-17 The procedural standards must concern, as applicable:
5-18 (1) insulation;
5-19 (2) lighting;
5-20 (3) ventilation;
5-21 (4) climate control;
5-22 (5) special energy requirements of health-related
5-23 facilities of higher education and state agencies; and
5-24 (6) any other item that the center <office of the
5-25 governor> considers appropriate that is adopted under the
6-1 Administrative Procedure and Texas Register Act (Article 6252-13a,
6-2 Vernon's Texas Civil Statutes).
6-3 (d) In order to demonstrate compliance with the requirement
6-4 to adopt and update the conservation design standards, each agency
6-5 and institution of higher education shall submit a copy of its
6-6 design and construction manuals to the center <office of the
6-7 governor> on request.
6-8 SECTION 10. Sections 447.005, 447.006, and 447.007,
6-9 Government Code, are amended to read as follows:
6-10 Sec. 447.005. Energy Efficiency Projects. Subject to
6-11 applicable state and federal laws or guidelines, the <office of the
6-12 governor, through the> energy management center<,> may implement
6-13 energy efficiency projects at state agencies or may assist those
6-14 agencies in implementing the projects through energy efficiency
6-15 programs financed through state or federal grants or loans.
6-16 Sec. 447.006. Obtaining Data. The energy management center
6-17 <office of the governor> shall obtain semiannually from each state
6-18 agency information relating to the cost of heating and cooling
6-19 buildings owned by the state.
6-20 Sec. 447.007. Model Codes. The energy management center
6-21 <office of the governor> may recommend model energy conservation
6-22 building codes to municipalities for use in enacting or amending
6-23 municipal ordinances.
6-24 SECTION 11. Section 447.008(a), Government Code, is amended
6-25 to read as follows:
7-1 (a) The <Through the> energy management center<, the office
7-2 of the governor> may provide additional energy services, including:
7-3 (1) training of designated state employees in energy
7-4 management, energy-accounting techniques, and energy efficient
7-5 design and construction;
7-6 (2) technical assistance regarding energy efficient
7-7 capital improvements, energy efficient building design, and
7-8 cogeneration and thermal storage investments;
7-9 (3) technical assistance to the State Auditor and to
7-10 state agencies regarding conducting energy management performance
7-11 audits and monitoring of utility bills to detect billing errors;
7-12 (4) technical assistance to state agencies regarding
7-13 third-party financing of energy efficient capital improvement
7-14 projects; and
7-15 (5) other energy-related assistance requested by
7-16 agencies, other legislatively created entities of the state,
7-17 institutions of higher education, and consortiums of institutions
7-18 of higher education that the center <office of the governor>
7-19 considers appropriate.
7-20 SECTION 12. Section 447.011(a), Government Code, is amended
7-21 to read as follows:
7-22 (a) The <Through the> energy management center<, the office
7-23 of the governor> shall provide energy management planning
7-24 assistance to state agencies and institutions of higher education,
7-25 including:
8-1 (1) preparation of a long-range plan for the delivery
8-2 of reliable, cost-effective utility services for state agencies,
8-3 institutions of higher education, boards, and commissions in Travis
8-4 County. This plan shall be presented to the affected agencies for
8-5 use in preparing their five-year construction and major
8-6 rehabilitation plans. After other energy-saving alternatives are
8-7 considered, district heating and cooling and on-site generation of
8-8 electricity may be considered in planning for reliable, efficient,
8-9 and cost-effective utility services;
8-10 (2) assistance to the Department of Public Safety for
8-11 energy emergency contingency planning, using state or federal funds
8-12 when available; and
8-13 (3) assistance to state agencies and institutions of
8-14 higher education in preparing comprehensive energy management
8-15 plans. The energy management center shall prepare guidelines for
8-16 the preparation of these plans. State agencies and institutions of
8-17 higher education that expend more than $250,000 annually for
8-18 heating, lighting, and cooling and that occupy state-owned
8-19 buildings shall prepare and submit a five-year energy management
8-20 plan to the center <office of the governor>. Agencies and
8-21 institutions of higher education with smaller usage may be required
8-22 to submit such plans. Updated plans shall be submitted biennially
8-23 when requested by the center <governor>.
8-24 SECTION 13. Section 2, Article 4413(37), Revised Statutes,
8-25 is amended to read as follows:
9-1 Sec. 2. Establishment of authority. The Automobile Theft
9-2 Prevention Authority is established in the Texas Department of
9-3 Insurance <criminal justice division of the governor's office>.
9-4 SECTION 14. Section 6, Article 4413(37), Revised Statutes,
9-5 is amended by amending Subsection (c) and adding Subsections (e)
9-6 and (f) to read as follows:
9-7 (c) The authority shall hire an executive director. The
9-8 executive director shall hire staff as necessary to accomplish the
9-9 objectives of the authority in accordance with the policies of the
9-10 authority. The authority is authorized to delegate powers of the
9-11 authority to the executive director. <may employ and compensate
9-12 staff as provided by legislative appropriation or may use staff
9-13 provided by the governor's office.>
9-14 (e) The authority is authorized to contract with the office
9-15 of the attorney general for legal services.
9-16 (f) The authority is authorized to contract with other state
9-17 agencies for fiscal, personnel, supportive, or administrative
9-18 services and functions.
9-19 SECTION 15. Section 752.002, Government Code, is repealed.
9-20 SECTION 16. (a) On the effective date of this Act, all
9-21 powers, duties, obligations, records, and property of the office of
9-22 the governor that are connected to a function that is transferred
9-23 from the office of the governor to another entity by this Act are
9-24 transferred to the appropriate entity. All appropriations to the
9-25 office of the governor for functions transferred by this Act and
10-1 all employees of the office employed primarily to engage in those
10-2 functions are transferred to the appropriate entity. All rules,
10-3 standards, and specifications of the office of the governor that
10-4 relate to a function that is transferred by this Act remain in
10-5 effect as rules, standards, and specifications of the entity to
10-6 which the function is transferred unless superseded by proper
10-7 authority of that entity.
10-8 (b) On the effective date of this Act, supervision over the
10-9 Native American restitutionary program, which was transferred to
10-10 the Texas Department of Human Services from the Texas Indian
10-11 Commission in 1989 by executive order WPC-89-12, is transferred to
10-12 the energy office of the General Services Commission in accordance
10-13 with this Act. All powers, duties, obligations, records, and
10-14 property of the department that relate to that function are
10-15 transferred to the General Services Commission. All appropriations
10-16 to the department for that function and any employees of the office
10-17 employed primarily for that function are transferred to the General
10-18 Services Commission. Any rules, standards, and specifications of
10-19 the department that relate to that function remain in effect as
10-20 rules, standards, and specifications of the General Services
10-21 Commission unless superseded by proper authority of the General
10-22 Services Commission.
10-23 SECTION 17. This Act takes effect September 1, 1993, except
10-24 for Section 13 which takes effect immediately.
10-25 SECTION 18. The importance of this legislation and the
11-1 crowded calendars in both houses create an emergency and an
11-2 imperative public necessity that the constitutional rule requiring
11-3 bills to be read on three several days in each house be suspended,
11-4 and this rule is hereby suspended, and that this Act take effect
11-5 and be in force from and after its passage, and it is so enacted.