By: Ellis S.B. No. 927
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the transfer of certain programs from the governor's
1-2 office.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 752.001 and 752.003, Government Code,
1-5 are amended to read as follows:
1-6 Sec. 752.001. Office of Immigration and Refugee Affairs. The
1-7 Office of Immigration and Refugee Affairs is created within the
1-8 Department of Human Services <governor's office>.
1-9 Sec. 752.003. Refugee Coordinator. The governor shall
1-10 appoint a refugee coordinator for the office to serve at the
1-11 pleasure of the governor. The refugee coordinator shall serve as
1-12 chief administrative officer of the office and shall ensure
1-13 coordination of public and private resoures in refugee
1-14 resettlement.
1-15 SECTION 2. Section 752.002, Government Code, is repealed.
1-16 SECTION 3. Section 5.04, Chapter 15, Acts of the 72nd
1-17 Legislature, First Called Session, 1991 (Article 4413 (701),
1-18 Vernon's Texas Civil Statutes), is amended to read as follows:
1-19 Sec. 5.04. HEALTH AND HUMAN SERVICES TRANSPORTATION AND
1-20 PLANNING OFFICE. Sec. 1. OFFICE. The Health and Human Services
1-21 Transportation and Planning Office is in the Health and Human
1-22 Services Commission <governor's office>.
1-23 Sec. 2. Powers and Duties. The Health and Human Services
2-1 Transportation and Planning Office shall:
2-2 (1) collect data on health and human services client
2-3 transportation needs, services, and expenditures;
2-4 (2) create a statewide coordination plan regarding a
2-5 system of transportation for clients of health and human services
2-6 agencies including the designation of locally based transportation
2-7 coordinators;
2-8 (3) establish standards of reporting and accounting
2-9 methods for all agencies providing health and human services client
2-10 transportation;
2-11 (4) maximize federal funds for client transportation
2-12 through the use of available state funds for matching purposes and
2-13 the possible use of oil overcharge money and planning funds
2-14 available through the federal Department of Transportation;
2-15 (5) evaluate the effectiveness of pooling client
2-16 transportation resources for purposes of capital acquisition and
2-17 the joint purchase of liability insurance;
2-18 (6) assist state agencies in coordinating
2-19 transportation resources;
2-20 (7) ensure coordination between the Health and Human
2-21 Services Transportation and Planning Office and the State
2-22 Department of Highways and Public Transportation with regard to the
2-23 use of funds received by the State Department of Highways and
2-24 Public Transportation under 49 U.S.C. Section 1612(b)(1);
2-25 (8) examine the feasibility of consolidating all
3-1 funding for health and human services client transportation and
3-2 creating a transportation system through which clients of any state
3-3 or local agency or program could be matched with the most
3-4 cost-effective and appropriate transportation services for their
3-5 needs; and
3-6 (9) evaluate the use of existing computer software for
3-7 use at the local level in client transportation services.
3-8 Sec. 3. Office Staff. The commissioner <governor> shall
3-9 employ staff needed to carry out the duties of the office.
3-10 SECTION 4. Section 2(5), Oil Overcharge Restitutionary Act
3-11 (Article 4413(56), Vernon's Texas Civil Statutes), is amended to
3-12 read as follows:
3-13 (5) "Energy office" means the energy office of the
3-14 General Services Commission <office of the governor>.
3-15 SECTION 5. Section 3(c), Oil Overcharge Restitutionary Act
3-16 (Article 4413(56), Vernon's Texas Civil Statutes), is amended to
3-17 read as follows:
3-18 (c) The office of the governor shall establish programs and
3-19 criteria and evaluate proposals in accordance with applicable
3-20 federal guidelines. The energy office <office of the governor> is
3-21 responsible for the transmission to the appropriate federal entity
3-22 of all information required under applicable federal guidelines
3-23 regarding programs and proposals subject to this Act.
3-24 SECTION 6. Section 12, Oil Overcharge Restitutionary Act
3-25 (Article 4413(56), Vernon's Texas Civil Statutes), is amended to
4-1 read as follows:
4-2 Sec. 12. NATIVE AMERICAN RESTITUTIONARY PROGRAM. The energy
4-3 office <Texas Indian Commission> is the supervising agency for a
4-4 direct grant program to be known as the Native American
4-5 restitutionary program. Under the program, the office <commission>
4-6 shall distribute money granted under this Act in accordance with
4-7 the applicable federal guidelines for the purpose of providing
4-8 energy-related assistance to Native Americans of this state.
4-9 SECTION 7. Section 447.001, Government Code, is amended to
4-10 read as follows:
4-11 CHAPTER 447. ENERGY MANAGEMENT CENTER <OF THE OFFICE OF THE
4-12 GOVERNOR>
4-13 Sec. 447.001. ESTABLISHMENT OF CENTER. The energy
4-14 management center is established in the General Services Commission
4-15 <as a division of the office of the governor>.
4-16 SECTION 8. Subsections (a), (c), and (d), Section 447.004,
4-17 Government Code, are amended to read as follows:
4-18 Sec. 447.004. Design Standards. (a) The <Through the>
4-19 energy management center<, the office of the governor> shall adopt
4-20 and publish energy conservation design standards, under the
4-21 Administrative Procedure and Texas Register Act (Article 6252-13a,
4-22 Vernon's Texas Civil Statutes), that all new state buildings and
4-23 major renovation projects, including buildings and major renovation
4-24 projects of state-supported institutions of higher education, are
4-25 required to meet. The center <office of the governor> shall define
5-1 what constitutes a major renovation project under this section and
5-2 shall review and update the standards biennially.
5-3 (c) The standards must be adopted in terms of energy
5-4 consumption levels and must take into consideration the various
5-5 classes of building uses and must allow for design flexibility.
5-6 Procedural standards must be directed toward specific design and
5-7 building practices that produce good thermal resistance and low
5-8 infiltration and toward requiring practices in the design of
5-9 mechanical and electrical systems that maximize energy efficiency.
5-10 The procedural standards must concern, as applicable:
5-11 (1) insulation;
5-12 (2) lighting;
5-13 (3) ventilation;
5-14 (4) climate control;
5-15 (5) special energy requirements of health-related
5-16 facilities of higher education and state agencies; and
5-17 (6) any other item that the center <office of the
5-18 governor> considers appropriate that is adopted under the
5-19 Administrative Procedure and Texas Register Act (Article 6252-13a,
5-20 Vernon's Texas Civil Statutes).
5-21 (d) In order to demonstrate compliance with the requirement
5-22 to adopt and update the conservation design standards, each agency
5-23 and institution of higher education shall submit a copy of its
5-24 design and construction manuals to the center <office of the
5-25 governor> on request.
6-1 SECTION 9. Sections 447.005, 447.006, and 447.007,
6-2 Government Code, are amended to read as follows:
6-3 Sec. 447.005. Energy Efficient Projects. Subject to
6-4 applicable state and federal laws or guidelines, <the office of the
6-5 governor, through> the energy management center<,> may implement
6-6 energy efficient projects at state agencies or may assist those
6-7 agencies in implementing the projects through energy efficiency
6-8 programs financed through state or federal grants or loans.
6-9 Sec. 447.006. Obtaining Data. The energy management center
6-10 <office of the governor> shall obtain semiannually from each state
6-11 agency information relating to the cost of heating and cooling
6-12 buildings owned by the state.
6-13 Sec. 447.007. Model Codes. The energy management center
6-14 <office of the governor> may recommend model energy conservation
6-15 building codes to municipalities for use in enacting or amending
6-16 municipal ordinances.
6-17 SECTION 10. Subsection (a), Section 447.008, Government
6-18 Code, is amended to read as follows:
6-19 Sec. 447.008. Additional Energy Services. (a) The <Through
6-20 the> energy management center<, the office of the governor> may
6-21 provide additional energy services, including:
6-22 (1) training of designated state employees in energy
6-23 management, energy-accounting techniques, and energy-efficient
6-24 design and construction;
6-25 (2) technical assistance regarding energy efficient
7-1 capital improvements, energy efficient building design, and
7-2 cogeneration and thermal storage investments;
7-3 (3) technical assistance to the State Auditor and to
7-4 state agencies regarding conducting energy management performance
7-5 audits and monitoring of utility bills to detect billing errors;
7-6 (4) technical assistance to state agencies regarding
7-7 third-party financing of energy efficient capital improvement
7-8 projects; and
7-9 (5) other energy-related assistance requested by
7-10 agencies, other legislatively created entities of the state,
7-11 institutions of higher education, and consortiums of institutions
7-12 of higher education that the center <office of the governor>
7-13 considers appropriate.
7-14 (e) Using available funds from any source where permitted,
7-15 the energy management center may assist state agencies,
7-16 legislatively created entities of the state, institutions of higher
7-17 education, and consortiums of institutions of higher education to
7-18 further the goals and pursue the policies of the state in energy
7-19 research as may be determined by the governor or the legislature.
7-20 SECTION 11. Subsection (a), Section 447.011, Government
7-21 Code, is amended to read as follows:
7-22 Sec. 447.011. Energy Management Planning. (a) The <Through
7-23 the> energy management center<, the office of the governor> shall
7-24 provide energy management planning assistance to state agencies and
7-25 institutions of higher education, 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 12. This Act takes effect on September 1, 1993.
8-25 SECTION 13. The importance of this legislation and the
9-1 crowded condition of the calendars in both houses create an
9-2 emergency and an imperative public necessity that the
9-3 constitutional rule requiring bills to be read on three several
9-4 days in each house be suspended, and this rule is hereby suspended,
9-5 and that this Act take effect and be in force according to its
9-6 terms, and it is so enacted.