1-1  By:  Ellis, Moncrief                                   S.B. No. 959
    1-2        (In the Senate - Filed March 11, 1993; March 15, 1993, read
    1-3  first time and referred to Committee on Finance; May 13, 1993,
    1-4  reported adversely, with favorable Committee Substitute by the
    1-5  following vote:  Yeas 12, Nays 0; May 13, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Montford           x                               
    1-9        Turner             x                               
   1-10        Armbrister         x                               
   1-11        Barrientos         x                               
   1-12        Bivins             x                               
   1-13        Ellis              x                               
   1-14        Haley              x                               
   1-15        Moncrief           x                               
   1-16        Parker                                        x    
   1-17        Ratliff            x                               
   1-18        Sims               x                               
   1-19        Truan              x                               
   1-20        Zaffirini          x                               
   1-21  COMMITTEE SUBSTITUTE FOR S.B. No. 959                    By:  Ellis
   1-22                         A BILL TO BE ENTITLED
   1-23                                AN ACT
   1-24  relating to state energy efficiency and conservation programs;
   1-25  granting the authority to issue revenue bonds.
   1-27        SECTION 1.  Subdivisions (4) and (6), Section 2, Oil
   1-28  Overcharge Restitutionary Act (Article 4413(56), Vernon's Texas
   1-29  Civil Statutes), are amended to read as follows:
   1-30              (4)  "Direct grant program" means a program through
   1-31  which the Legislative Budget Board <office of the governor>
   1-32  finances projects under this Act that have been approved as
   1-33  components of a proposal recommended by the supervising agency of
   1-34  that program.
   1-35              (6)  "Supervising agency" means the state agency,
   1-36  department, commission, or other entity designated by this Act or
   1-37  by the Legislative Budget Board <office of the governor> to
   1-38  supervise, manage, or administer the implementation of a program
   1-39  financed under this Act.
   1-40        SECTION 2.  Sections 3 and 4, Oil Overcharge Restitutionary
   1-41  Act (Article 4413(56), Vernon's Texas Civil Statutes), are amended
   1-42  to read as follows:
   1-43        Sec. 3.  Oil overcharge administration.  (a)  The power and
   1-44  discretion to finance projects under, and oversee and monitor the
   1-45  administration of, the competitive and direct grant programs
   1-46  prescribed by this Act are assigned to the Legislative Budget Board
   1-47  <office of the governor, subject to the requirements of Section 5
   1-48  of this Act>.
   1-49        (b)  The Legislative Budget Board <office of the governor>
   1-50  shall determine the supervising agency for each <competitive grant
   1-51  program and for each> direct grant program established by the board
   1-52  <office>.  The board <office of the governor> may:
   1-53              (1)  establish direct grant programs <and competitive
   1-54  grant programs> in addition to those provided by this Act; and
   1-55              (2)  establish criteria for eligibility and evaluation
   1-56  of proposals submitted under direct grant programs <or competitive
   1-57  grant programs>, which criteria may apply to one or more specific
   1-58  programs or to all programs.
   1-59        (c)  The Legislative Budget Board <office of the governor>
   1-60  shall establish programs and criteria and evaluate proposals in
   1-61  accordance with applicable federal guidelines.  The board <office
   1-62  of the governor> is responsible for the transmission to the
   1-63  appropriate federal entity of all information required under
   1-64  applicable federal guidelines regarding programs and proposals
   1-65  subject to this Act.
   1-66        Sec. 4.  Staff; agency and private assistance.  (a)  The
   1-67  section of the Legislative Budget Board office that provides
   1-68  federal funds analysis <energy office> shall provide staff to
    2-1  implement and administer this Act.
    2-2        (b)  In addition to the section of the Legislative Budget
    2-3  Board office that provides federal funds analysis <energy office>,
    2-4  the Legislative Budget Board <office of the governor> may enlist
    2-5  the assistance of any state agency, department, commission, or
    2-6  other entity or any private entity in the evaluation or review of
    2-7  proposals, the audit of program participants or supervising
    2-8  agencies, the performance of administrative duties under this Act,
    2-9  or the development of eligibility or evaluation criteria.
   2-10        SECTION 3.  Subsections (b) and (e), Section 6, Oil
   2-11  Overcharge Restitutionary Act (Article 4413(56), Vernon's Texas
   2-12  Civil Statutes), are amended to read as follows:
   2-13        (b)  Money in the account shall be appropriated by the
   2-14  legislature to the Legislative Budget Board <governor> for use by
   2-15  the board <office of the governor> in the implementation and
   2-16  operation of programs authorized by this Act.  The board may
   2-17  reallocate amounts appropriated for direct grant programs among any
   2-18  programs approved by the United States Department of Energy.  Money
   2-19  in the account also may be appropriated to provide initial
   2-20  financing for the Texas energy efficiency and conservation program
   2-21  established under Article 16, State Purchasing and General Services
   2-22  Act (Article 601b, Vernon's Texas Civil Statutes).
   2-23        (e)  The Legislative Budget Board <office of the governor>
   2-24  shall determine the persons whose signatures are authorized to be
   2-25  affixed to vouchers submitted to the comptroller for approval of
   2-26  payments from the account.  The Legislative Budget Board <office of
   2-27  the governor> shall give the comptroller notice of each
   2-28  determination made under this subsection.  The comptroller shall
   2-29  approve payments from the account in the manner provided for
   2-30  approval of payments from other amounts appropriated by the
   2-31  legislature.
   2-32        SECTION 4.  Subsection (b), Section 7, Oil Overcharge
   2-33  Restitutionary Act (Article 4413(56), Vernon's Texas Civil
   2-34  Statutes), is amended to read as follows:
   2-35        (b)  The supervising agency of a direct grant program
   2-36  financed under this Act may adopt rules for implementation of the
   2-37  program, including rules providing eligibility criteria, that are
   2-38  not inconsistent with criteria established by applicable federal
   2-39  guidelines, criteria prescribed by this Act, or criteria adopted by
   2-40  the Legislative Budget Board <office of the governor>.
   2-41        SECTION 5.  Sections 23, 24, and 25, Oil Overcharge
   2-42  Restitutionary Act (Article 4413(56), Vernon's Texas Civil
   2-43  Statutes), are amended to read as follows:
   2-44        Sec. 23.  Energy research and development program.  The
   2-45  Legislative Budget Board <office of the governor> may finance
   2-46  projects under a direct <competitive> grant program to be known as
   2-47  the energy research and development program that supplement or
   2-48  initiate research by public or private institutions on
   2-49  energy-related issues.  The board <office of the governor> may
   2-50  require recipients to match grants awarded under this program in
   2-51  ratios determined by the board <office>.
   2-52        Sec. 24.  Local government energy program.  <(a)>  A direct
   2-53  <competitive> grant program to be known as the local government
   2-54  energy program is established.  Under the program, the supervising
   2-55  agency shall distribute <competitive> grant money provided under
   2-56  this Act for energy-saving projects that benefit local governments
   2-57  in this state.
   2-58        <(b)  Proposals under this section may include energy audits
   2-59  of local government facilities, traffic light synchronization,
   2-60  fleet management, and fuel-efficient transit routing.  The office
   2-61  of the governor may require grant recipients under this program to
   2-62  match the grants in ratios determined by the office.>
   2-63        Sec. 25.  Transportation energy program.  (a)  A direct
   2-64  <competitive> grant program to be known as the transportation
   2-65  energy program is established.  Under this program, the supervising
   2-66  agency shall distribute <competitive> grant money provided under
   2-67  this Act for projects concerning mass transit and other
   2-68  transportation services.  The projects may assist service providers
   2-69  in providing services such as traffic light synchronization, fleet
   2-70  management, energy-efficient computerized transit routing, car-care
    3-1  clinics, vanpooling or ridesharing efforts, transportation of
    3-2  public schoolchildren, transportation of inmates of local
    3-3  correctional facilities <public education related to mass transit>,
    3-4  driver energy conservation awareness training, and transportation
    3-5  services for the elderly or handicapped and may include studies to
    3-6  improve existing and plan for future transportation systems in
    3-7  Texas.
    3-8        (b)  The Legislative Budget Board <office of the governor>
    3-9  may require grant recipients under this program to match the grants
   3-10  in ratios determined by the board <office>.
   3-11        SECTION 6.  The State Purchasing and General Services Act
   3-12  (Article 601b, Vernon's Texas Civil Statutes) is amended by adding
   3-13  Article 16 to read as follows:
   3-15        Sec. 16.01.  POLICY.  It is the policy of this state to
   3-16  promote energy efficiency and conservation within the state.
   3-17  Implementation of the program provided by this article will be in
   3-18  furtherance of that policy by making financial assistance available
   3-19  to authorized borrowers to enable the borrowers to undertake energy
   3-20  efficiency and conservation projects.
   3-21        Sec. 16.02.  DEFINITIONS.  In this article:
   3-22              (1)  "Authority" means the Texas Public Finance
   3-23  Authority.
   3-24              (2)  "Program" means the Texas energy efficiency and
   3-25  conservation program provided by this article.
   3-26              (3)  "Revolving fund" means the Texas energy efficiency
   3-27  and conservation revolving fund.
   3-29  REVOLVING FUND.  (a)  The Texas energy efficiency and conservation
   3-30  revolving fund is established in the state treasury.
   3-31        (b)  The revolving fund consists of the proceeds of revenue
   3-32  bonds issued as provided by this article, fees collected as
   3-33  provided by Section 16.06 of this article, federal grants, direct
   3-34  appropriations, income from investment or deposit of amounts in the
   3-35  fund, grants from private sources, and repayments of financial
   3-36  assistance made from the fund.
   3-37        (c)  The commission may provide for the establishment and
   3-38  maintenance of separate accounts within the revolving fund,
   3-39  including program accounts, and, at the direction of the authority,
   3-40  shall provide for interest and sinking accounts and reserve
   3-41  accounts relating to revenue bonds.  The state treasurer shall hold
   3-42  the assets of the revolving fund in trust for the program and the
   3-43  repayment of bonds issued for the program.  The revolving fund is a
   3-44  trust fund for all purposes, including the application of Sections
   3-45  403.094, 403.095, and 404.071, Government Code.
   3-46        (d)  Money in the revolving fund may be appropriated only for
   3-47  the repayment of bonds issued for the program, the payment of costs
   3-48  of issuance of the bonds, and making loans under and paying
   3-49  expenses for the administration of the program.
   3-51  (a)  An agency or governmental entity of the state and any
   3-52  political subdivision or other type of local governmental entity in
   3-53  the state, including a county, municipality, special purpose
   3-54  district, or corporation held by a governmental entity, is
   3-55  authorized to be a borrower under the program provided by this
   3-56  article.
   3-57        (b)  Any energy efficiency or conservation project undertaken
   3-58  by an authorized borrower involving the acquisition, construction,
   3-59  fabrication, installation, or maintenance of improvements,
   3-60  buildings, facilities, or equipment determined by the authorized
   3-61  borrower to promote the conservation or efficient use of energy
   3-62  sources is an eligible project for assistance under the program
   3-63  provided by this article, including a project involving the
   3-64  conversion of motor vehicles or other sources of substantial energy
   3-65  use to alternative fuels and engine-driven applications and a
   3-66  project involving the acquisition, construction, fabrication,
   3-67  installation, or maintenance of fueling stations supplying
   3-68  alternative fuels or equipment enhancing the use of engine-driven
   3-69  technology to support motor vehicles or other energy applications
   3-70  that use alternative fuels.
    4-2  PROGRAM.  (a)  The commission shall establish and administer the
    4-3  Texas energy efficiency and conservation program.  The commission
    4-4  shall adopt rules governing the application for financial
    4-5  assistance under the program and establish criteria for determining
    4-6  which authorized borrowers may participate in the program.  In
    4-7  establishing criteria for participation in the program, the
    4-8  commission shall adopt requirements to ensure the full repayment of
    4-9  all financial assistance and the solvency of the program.
   4-10        (b)  The commission may adopt other rules it considers
   4-11  necessary to administer the program or considers in the best
   4-12  interests of the program.
   4-13        Sec. 16.06.  FEES.  The commission shall set and collect,
   4-14  from applicants and borrowers under the program, fees the
   4-15  commission considers sufficient to cover the expenses of
   4-16  administering the program or considers in the best interest of the
   4-17  program.  The commission shall deposit the fees in the revolving
   4-18  fund and shall apply the fees in accordance with the commission's
   4-19  resolutions and rules.
   4-20        Sec. 16.07.  ISSUANCE OF REVENUE BONDS.  (a)  The commission
   4-21  by resolution may periodically apply for the issuance of revenue
   4-22  bonds for the purpose of providing money for the revolving fund.
   4-23  The total amount of bonds issued for the revolving fund and the
   4-24  program may not exceed $100 million.  The commission shall submit
   4-25  each such resolution it adopts to the authority, and the authority
   4-26  is responsible for issuing the bonds for the commission.
   4-27        (b)  Proceeds of revenue bonds issued as provided by this
   4-28  article shall be deposited in the revolving fund and applied in
   4-29  accordance with the resolution applying for issuance of the bonds:
   4-30              (1)  to provide financial assistance to authorized
   4-31  borrowers; and
   4-32              (2)  to pay costs of issuance of those revenue bonds.
   4-33        (c)  Revenue bonds issued as provided by this article are
   4-34  obligations solely of the commission and are payable solely from
   4-35  funds of the commission that are pledged to the repayment of the
   4-36  revenue bonds.  The commission's revenue bonds under this article
   4-37  are not and do not create or constitute a pledge, giving, or
   4-38  lending of the faith, credit, or taxing power of the state.   Each
   4-39  revenue bond of the commission issued under this article must
   4-40  contain a statement to the effect that the state is not obligated
   4-41  to pay the principal of or any premium or interest on the revenue
   4-42  bond and that neither the faith or credit nor the taxing power of
   4-43  the state is pledged, given, or loaned to such a payment.
   4-44        (d)  Revenue bonds of the commission shall be payable as to
   4-45  principal, interest, and redemption premium, if any, from and
   4-46  secured by a first lien or a subordinate lien on and pledge of all
   4-47  or any part of the property, revenues, income, or other resources
   4-48  of the commission, as specified in the commission's resolution
   4-49  applying for issuance of those revenue bonds.
   4-50        (e)  The commission may provide in a resolution applying for
   4-51  the issuance of revenue bonds a request for the issuance of
   4-52  additional revenue bonds to be equally and ratably secured by lien
   4-53  on the revenues and receipts or for the issuance of subordinate
   4-54  lien revenue bonds.
   4-55        (f)  Revenues of the commission that may be used as a source
   4-56  of payment for the revenue bonds or to establish a reserve account
   4-57  to secure the payment of debt service on the revenue bonds include
   4-58  repayments of financial assistance, money appropriated by the
   4-59  legislature to the commission for the purpose of paying or securing
   4-60  the payment of debt service on the commission's revenue bonds, fees
   4-61  collected under Section 16.05 of this article, and federal or
   4-62  private money allocated to the program.
   4-63        Sec. 16.08.  GENERAL PROVISIONS RELATING TO BONDS.  (a)  The
   4-64  commission's revenue bonds under this article may be issued by the
   4-65  authority from time to time in one or more series or issues, in
   4-66  bearer, registered, or any other form, which may include registered
   4-67  uncertified obligations not represented by written instruments and
   4-68  commonly known as book-entry obligations, the registration of
   4-69  ownership and transfer of which shall be provided for by the
   4-70  authority under a system of books and records maintained by the
    5-1  authority.  Bonds may mature serially or otherwise not more than 40
    5-2  years from their date of issuance.  Bonds may bear no interest or
    5-3  may bear interest at any rate or rates, fixed, variable, floating,
    5-4  or otherwise, determined by the authority or determined pursuant to
    5-5  any contractual arrangements approved by the authority, not to
    5-6  exceed the maximum net effective interest rate allowed by Chapter
    5-7  3, Acts of the 61st Legislature, Regular Session, 1969 (Article
    5-8  717k-2, Vernon's Texas Civil Statutes).  Interest on the bonds may
    5-9  be payable at any time, and the rate of interest on the bonds may
   5-10  be adjusted at such time as may be determined by the authority or
   5-11  as may be determined pursuant to any contractual arrangement
   5-12  approved by the authority.  In connection with the issuance of
   5-13  bonds for the commission as provided by this article, the authority
   5-14  may exercise the powers granted to the governing body of an issuer
   5-15  in connection with the issuance of obligations under Chapter 656,
   5-16  Acts of the 68th Legislature, Regular Session, 1983 (Article 717q,
   5-17  Vernon's Texas Civil Statutes).
   5-18        (b)  The bonds issued under this article and interest
   5-19  coupons, if any, are investment securities under the terms of
   5-20  Chapter 8, Business & Commerce Code.  The bonds are exempt
   5-21  securities under The Securities Act (Article 581-1 et seq.,
   5-22  Vernon's Texas Civil Statutes), and unless specifically provided
   5-23  otherwise, under any subsequently enacted securities law.  Any
   5-24  contract, guaranty, or other document executed in connection with
   5-25  the issuance of bonds pursuant to this article is not a security
   5-26  under The Securities Act (Article 581-1 et seq., Vernon's Texas
   5-27  Civil Statutes), and unless specifically provided otherwise, any
   5-28  subsequently enacted securities law.  The authority may do all
   5-29  things necessary to qualify the bonds for offer and sale under the
   5-30  securities laws and regulations of the United States and of the
   5-31  states and other jurisdictions in the United States as the
   5-32  authority determines.
   5-33        (c)  The bonds may be issued in the form and denominations
   5-34  and executed in the manner and under the terms, conditions, and
   5-35  details determined as provided by the authority in the resolution
   5-36  authorizing their issuance.  If any officer whose manual or
   5-37  facsimile signature appears on the bonds ceases to be an officer,
   5-38  the signature is still valid and sufficient for all purposes as if
   5-39  the officer had remained in office.
   5-40        (d)  The bonds may be sold at public or private sale with or
   5-41  without public bidding in the manner, at such rate or rates, price
   5-42  or prices, and on such terms as may be determined by the authority
   5-43  or determined as provided in any contractual arrangement approved
   5-44  by the authority.  The authority also may enter into any
   5-45  contractual arrangement under which the bonds are to be sold from
   5-46  time to time, or subject to purchase, at such prices and rates,
   5-47  interest rate or payment periods, and terms as determined pursuant
   5-48  to that contractual arrangement approved by the authority.
   5-49        (e)  The authority may provide procedures for the replacement
   5-50  of a mutilated, lost, stolen, or destroyed bond or interest coupon.
   5-51        (f)  The resolutions of the authority issuing bonds may
   5-52  contain other provisions and covenants as the authority may
   5-53  determine.  The authority may adopt and have executed any other
   5-54  proceedings or instruments necessary and convenient in the issuance
   5-55  of bonds as provided by this article.
   5-57  ACT.  Section 10A, as added by Chapter 896, Acts of the 71st
   5-58  Legislature, Regular Session, 1989, and Sections 10B, 15, 16, 17,
   5-59  18, 19, and 20, Texas Public Finance Authority Act (Article 601d,
   5-60  Vernon's Texas Civil Statutes), apply to revenue bonds issued by
   5-61  the authority for the commission under this article as if the bonds
   5-62  were issued under that Act for the construction of a building.
   5-63        SECTION 7.  The heading of Chapter 447, Government Code, is
   5-64  amended to read as follows:
   5-65                CHAPTER 447.  ENERGY MANAGEMENT CENTER
   5-66                    <OF THE OFFICE OF THE GOVERNOR>
   5-67        SECTION 8.  Section 447.001, Government Code, is amended to
   5-68  read as follows:
   5-69        Sec. 447.001.  Establishment of Center.  The energy
   5-70  management center is established in the General Services Commission
    6-1  <as a division of the office of the governor>.
    6-2        SECTION 9.  Subsections (a), (c), and (d), Section 447.004,
    6-3  Government Code, are amended to read as follows:
    6-4        (a)  The  <Through the> energy management center<, the office
    6-5  of the governor> shall adopt and publish energy conservation design
    6-6  standards, under the Administrative Procedure and Texas Register
    6-7  Act (Article 6252-13a, Vernon's Texas Civil Statutes), that all new
    6-8  state buildings and major renovation projects, including buildings
    6-9  and major renovation projects of state-supported institutions of
   6-10  higher education, are required to meet.  The center <office of the
   6-11  governor> shall define what constitutes a major renovation project
   6-12  under this section and shall review and update the standards
   6-13  biennially.
   6-14        (c)  The standards must be adopted in terms of energy
   6-15  consumption levels and must take into consideration the various
   6-16  classes of building uses and must allow for design flexibility.
   6-17  Procedural standards must be directed toward specific design and
   6-18  building practices that produce good thermal resistance and low
   6-19  infiltration and toward requiring practices in the design of
   6-20  mechanical and electrical systems that maximize energy efficiency.
   6-21  The procedural standards must concern, as applicable:
   6-22              (1)  insulation;
   6-23              (2)  lighting;
   6-24              (3)  ventilation;
   6-25              (4)  climate control;
   6-26              (5)  special energy requirements of health-related
   6-27  facilities of higher education and state agencies; and
   6-28              (6)  any other item that the center <office of the
   6-29  governor> considers appropriate that is adopted under the
   6-30  Administrative Procedure and Texas Register Act (Article 6252-13a,
   6-31  Vernon's Texas Civil Statutes).
   6-32        (d)  In order to demonstrate compliance with the requirement
   6-33  to adopt and update the conservation design standards, each agency
   6-34  and institution of higher education shall submit a copy of its
   6-35  design and construction manuals to the center <office of the
   6-36  governor> on request.
   6-37        SECTION 10.  Sections 447.005, 447.006, and 447.007,
   6-38  Government Code, are amended to read as follows:
   6-39        Sec. 447.005.  Energy Efficiency Projects.  Subject to
   6-40  applicable state and federal laws or guidelines, the <office of the
   6-41  governor, through the> energy management center<,> may implement
   6-42  energy efficiency projects at state agencies or may assist those
   6-43  agencies in implementing the projects through energy efficiency
   6-44  programs financed through state or federal grants or loans and
   6-45  shall provide staff for administration of the Texas energy
   6-46  efficiency and conservation program established under Article 16,
   6-47  State Purchasing and General Services Act (Article 601b, Vernon's
   6-48  Texas Civil Statutes).
   6-49        Sec. 447.006.  Obtaining Data.  The energy management center
   6-50  <office of the governor> shall obtain semiannually from each state
   6-51  agency information relating to the cost of heating and cooling
   6-52  buildings owned by the state.
   6-53        Sec. 447.007.  Model Codes.  The energy management center
   6-54  <office of the governor> may recommend model energy conservation
   6-55  building codes to municipalities for use in enacting or amending
   6-56  municipal ordinances.
   6-57        SECTION 11.  Subsection (a), Section 447.008, Government
   6-58  Code, is amended to read as follows:
   6-59        (a)  The <Through the> energy management center<, the office
   6-60  of the governor> may provide additional energy services, including:
   6-61              (1)  training of designated state employees in energy
   6-62  management, energy-accounting techniques, and energy efficient
   6-63  design and construction;
   6-64              (2)  technical assistance regarding energy efficient
   6-65  capital improvements, energy efficient building design, and
   6-66  cogeneration and thermal storage investments;
   6-67              (3)  technical assistance to the State Auditor and to
   6-68  state agencies regarding conducting energy management performance
   6-69  audits and monitoring of utility bills to detect billing errors;
   6-70              (4)  technical assistance to state agencies regarding
    7-1  third-party financing of energy efficient capital improvement
    7-2  projects; and
    7-3              (5)  other energy-related assistance requested by
    7-4  agencies, other legislatively created entities of the state,
    7-5  institutions of higher education, and consortiums of institutions
    7-6  of higher education that the center <office of the governor>
    7-7  considers appropriate.
    7-8        SECTION 12.  Subsection (a), Section 447.011, Government
    7-9  Code, is amended to read as follows:
   7-10        (a)  The <Through the> energy management center<, the office
   7-11  of the governor> shall provide energy management planning
   7-12  assistance to state agencies and institutions of higher education,
   7-13  including:
   7-14              (1)  preparation of a long-range plan for the delivery
   7-15  of reliable, cost-effective utility services for state agencies,
   7-16  institutions of higher education, boards, and commissions in Travis
   7-17  County.  This plan shall be presented to the affected agencies for
   7-18  use in preparing their five-year construction and major
   7-19  rehabilitation plans.  After other energy-saving alternatives are
   7-20  considered, district heating and cooling and on-site generation of
   7-21  electricity may be considered in planning for reliable, efficient,
   7-22  and cost-effective utility services;
   7-23              (2)  assistance to the Department of Public Safety for
   7-24  energy emergency contingency planning, using state or federal funds
   7-25  when available; and
   7-26              (3)  assistance to state agencies and institutions of
   7-27  higher education in preparing comprehensive energy management
   7-28  plans.  The energy management center shall prepare guidelines for
   7-29  the preparation of these plans.  State agencies and institutions of
   7-30  higher education that expend more than $250,000 annually for
   7-31  heating, lighting, and cooling and that occupy state-owned
   7-32  buildings shall prepare and submit a five-year energy management
   7-33  plan to the center <office of the governor>.  Agencies and
   7-34  institutions of higher education with smaller usage may be required
   7-35  to submit such plans.  Updated plans shall be submitted biennially
   7-36  when requested by the center <governor>.
   7-37        SECTION 13.  On the effective date of this Act, all powers,
   7-38  duties, obligations, records, and property of the office of the
   7-39  governor that are connected to a function that is transferred from
   7-40  the office of the governor to another entity by this Act and all
   7-41  appropriations to the office of the governor for functions
   7-42  transferred by this Act are transferred to the appropriate entity.
   7-43  All employees of the energy management center of the office  of the
   7-44  governor are transferred to the General Services Commission.  All
   7-45  rules, standards, and specifications of the office of the governor
   7-46  that relate to a function that is transferred by this Act remain in
   7-47  effect as rules, standards, and specifications of the entity to
   7-48  which the function is transferred unless superseded by proper
   7-49  authority of that entity.
   7-50        SECTION 14.  This Act takes effect September 1, 1993.
   7-51        SECTION 15.  The importance of this legislation and the
   7-52  crowded condition of the calendars in both houses create an
   7-53  emergency and an imperative public necessity that the
   7-54  constitutional rule requiring bills to be read on three several
   7-55  days in each house be suspended, and this rule is hereby suspended.
   7-56                               * * * * *
   7-57                                                         Austin,
   7-58  Texas
   7-59                                                         May 13, 1993
   7-60  Hon. Bob Bullock
   7-61  President of the Senate
   7-62  Sir:
   7-63  We, your Committee on Finance to which was referred S.B. No. 959,
   7-64  have had the same under consideration, and I am instructed to
   7-65  report it back to the Senate with the recommendation that it do not
   7-66  pass, but that the Committee Substitute adopted in lieu thereof do
   7-67  pass and be printed.
   7-68                                                         Montford,
   7-69  Chairman
   7-70                               * * * * *
    8-1                               WITNESSES
    8-2                                                  FOR   AGAINST  ON
    8-3  ___________________________________________________________________
    8-4                                                  FOR   AGAINST  ON
    8-5  ___________________________________________________________________
    8-6  Name:  G. K. Sprinkle                            x
    8-7  Representing:  Tx Assn of Community Action Ag
    8-8  City:  Austin
    8-9  -------------------------------------------------------------------
   8-10  Name:  Hank Dembosky                                           x
   8-11  Representing:  Tx Dept of Human Services
   8-12  City:  Austin
   8-13  -------------------------------------------------------------------