BILL ANALYSIS



H.B. 3086
By: COMBS
May 4, 1995
Committee Report (Unamended)


BACKGROUND

     For many years Texas has had an energy office serving as the
entity to administer the expenditure of the state's oil overcharge
funds. As concerns about energy management, conservation of natural
resources, utility rates and other energy matters became more
important, the state established an energy management center to
implement the state's energy policies. This center was created as
a part of the Governor's energy office.

     The Governor has indicated a desire to move the energy office
and the energy management center to the General Services Commission
(GSC), a state agency already involved in many of the activities of
the energy management center. The GSC is larger than the Governor's
office and better suited to perform the coordination and
implementation necessary to achieve the goals of the state. The
energy management center will be well-positioned to serve as the
state office liaison for federal energy policy as well. The energy
management center is directed to involve itself with training,
providing technical assistance, and assisting with planning for the
state as well.


PURPOSE

     H.B. 3086 would transfer the energy office and the energy
management center from the Governor's office to the General
Services Commission. It provides additional direction to the energy
management center and specifically authorizes it to work with other
state agencies to implement the state's energy policies and federal
energy policy.


RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency, or institution.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends subdivision (3), Section 2305.002, Government
Code, to transfer the energy office from the Governor's office to
the General Services Commission.

SECTION 2. Amends Section 2305.011, Government Code, to allow the
energy office to send all information required under federal
guidelines to the appropriate federal entities.

SECTION 3. Amends Section 2305.037, Government Code, by describing
the energy office as the supervising state agency to administer the
Native American Restitutionary Program and distribute grant money
under the program to provide energy-related assistance.

SECTION 4. Amends the heading of Chapter 447 and amends Section
447.001, Government Code, by establishing the energy management
center in the General Services Commission and authorizing the
center to promote the policies of the state enumerated in this
chapter.

SECTION 5. Amends Subsections (a), (c), and (d), Section 447.004,
Local Government Code, as follows:

Subsection (a) requires the energy management center to adopt and
publish energy conservation design standards under Chapter 2001,
Administrative Procedures Act. All new state buildings and major
renovations must meet these standards. Requires the center to
define a major renovation project.

Subsection (c) allows the center (rather than the Governor's
office) to determine items that could be improved to maximize
energy efficiency (in addition to lighting, insulation, climate
control, etc.).

Subsection (d) requires copies of design construction manuals to be
sent to the center rather than the Governor.

SECTION 6. Amends Sections 447.005, 447.006, and 447.007,
Government Code to replace references to the  "office of the
governor" with "energy management center".

SECTION 7. Amends Section 447.008, Government Code, as follows:

Subsection (a) transfers to the energy management center authority
to provide additional energy services and assist state agencies to
implement federal energy policy. Removes this authority from the
office of the Governor.

Subsection (e) Authorizes the energy management center to assist
state agencies in implementing federal energy policy. State
agencies are also authorized to act in accordance with this section
and implement federal energy policy.

SECTION 8. Amends Subsection (a), Section 447.011, Government Code,
to transfer authority from the Governor to the energy management
center to provide energy management planning assistance to state
agencies and institutions of higher learning. Additionally requires
those agencies and institutions to prepare and submit to the center
a five-year energy management plan. The center may require biennial
plans if requested.

SECTION 9. Emergency Clause.
             Effective Date: Upon Passage.


SUMMARY OF COMMITTEE ACTION

H.B. 3086 was considered by the Energy Resources Committee in a
public hearing on April 24, 1995. The bill was laid on the table
subject to call without objection.

H.B. 3086 was considered by the Energy Resources Committee in a
formal meeting on May 3, 1995. The bill was reported favorably
without amendment, with the recommendation that it do pass and be
printed and be sent to the Committee on Local and Consent
Calendars, by a record vote of 7 ayes, 0 nays, 0 PNV, and 2 absent.