By Allen H.B. No. 2366
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the transfer of certain programs from the governor's
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 752.001 and 752.003, Government Code,
1-6 are amended to 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 <
1-10 Sec. 752.003. REFUGEE COORDINATOR. The governor shall
1-11 appoint a refugee coordinator for the office to serve at the
1-12 pleasure of the governor. The refugee coordinator shall serve as
1-13 chief administrative officer of the office and shall ensure
1-14 coordination of public and private resources in refugee
1-16 SECTION 2. Section 752.002, Government Code, is repealed.
1-17 SECTION 3. Chapter 131, Human Resources Code, as amended by
1-18 Chapter 747, Acts of the 73rd Legislature, 1993, is amended to read
1-19 as follows:
1-20 CHAPTER 131. HEALTH AND HUMAN SERVICES TRANSPORTATION
1-21 AND PLANNING OFFICE
1-22 Sec. 131.001. OFFICE. The Health and Human Services
1-23 Transportation and Planning Office is in the Health and Human
2-1 Services Commission < governor's office>.
2-2 Sec. 131.002. POWERS AND DUTIES. (a) The office shall:
2-3 (1) collect data on health and human services client
2-4 transportation needs, services, and expenditures;
2-5 (2) create a statewide coordination plan regarding a
2-6 system of transportation for clients of health and human services
2-7 agencies, including the designation of local transportation
2-9 (3) establish standards of reporting and accounting
2-10 methods for all agencies providing health and human services client
2-12 (4) maximize federal funds for client transportation
2-13 through the use of available state funds for matching purposes and
2-14 the possible use of oil overcharge money and planning funds
2-15 available through the federal department of transportation;
2-16 (5) evaluate the effectiveness of pooling client
2-17 transportation resources for capital acquisition and the joint
2-18 purchase of liability insurance;
2-19 (6) assist state agencies in coordinating
2-20 transportation resources;
2-21 (7) ensure coordination between the office and the
2-22 Texas Department of Transportation with regard to the use of funds
2-23 received by the department under 49 U.S.C. Section 1612(b)(1);
2-24 (8) examine the feasibility of consolidating all
2-25 funding for health and human services client transportation and
3-1 creating a transportation system through which clients of a state
3-2 or local agency or program could be matched with the most
3-3 cost-effective and appropriate transportation services for their
3-5 (9) evaluate the use of existing computer software for
3-6 use at the local level in client transportation services; and
3-7 (10) review the feasibility of taking medical care to
3-8 those in need, including the use of mobile clinics, and review the
3-9 possibility of using federal highway funds for those transportation
3-11 (b) The Health and Human Services Transportation and
3-12 Planning Office shall coordinate with the Health and Human Services
3-13 Commission and health and human services agencies in implementing
3-14 the goals listed in Section 10(b), Article 4413(502), Revised
3-15 Statutes. The office shall report its findings and proposals to
3-16 the commissioner of health and human services not later than
3-17 September 1 of each even-numbered year.
3-18 Sec. 131.003. OFFICE STAFF. The commissioner of health and
3-19 human services < governor> shall employ staff needed to carry out
3-20 the duties of the office.
3-21 SECTION 4. Subdivision (3), Section 2305.002, Government
3-22 Code, is amended to read as follows:
3-23 (3) "Energy office" means the energy office of the
3-24 General Services Commission < governor>.
3-25 SECTION 5. Section 2305.011, Government Code, is amended to
4-1 read as follows:
4-2 Sec. 2305.011. ADMINISTRATION BY GOVERNOR AND ENERGY OFFICE.
4-3 (a) Subject to Section 2305.013, the governor may:
4-4 (1) finance a project under this chapter; and
4-5 (2) oversee and monitor the administration of a
4-6 program prescribed by this chapter.
4-7 (b) The governor may establish direct grant programs and
4-8 competitive grant programs in addition to the programs provided by
4-9 this chapter.
4-10 (c) The governor shall:
4-11 (1) determine the supervising state agency for each
4-12 competitive grant program and for each direct grant program
4-13 established by the governor; and
4-14 (2) establish programs and criteria and evaluate a
4-15 proposal in accordance with applicable federal guidelines< ; and>
4-16 < (3) send to the appropriate federal entity all
4-17 information required under applicable federal guidelines>.
4-18 (d) The energy office shall send to the appropriate federal
4-19 entity all information required under applicable federal
4-21 (e) Criteria established under this section may apply
4-22 generally to all programs or specifically to one or more programs.
4-23 SECTION 6. Section 2305.037, Government Code, is amended to
4-24 read as follows:
4-25 Sec. 2305.037. NATIVE AMERICAN RESTITUTIONARY PROGRAM.
5-1 (a) The energy office is the < A> supervising state agency which
5-2 shall administer the Native American restitutionary program.
5-3 (b) The office < agency> shall distribute direct grant money
5-4 under the program to provide energy-related assistance to Native
5-5 Americans of this state.
5-6 SECTION 7. The heading of Chapter 447 and Section 447.001,
5-7 Government Code, are amended to read as follows:
5-8 CHAPTER 447. ENERGY MANAGEMENT CENTER < OF THE OFFICE OF
5-9 THE GOVERNOR>
5-10 Sec. 447.001. ESTABLISHMENT OF CENTER. The energy
5-11 management center is established in the General Services Commission
5-12 < as a division of the office of the governor>.
5-13 SECTION 8. Subsections (a), (c), and (d), Section 447.004,
5-14 Government Code, are amended to read as follows:
5-15 (a) The < Through the> energy management center< , the office
5-16 of the governor> shall adopt and publish energy conservation design
5-17 standards, under Chapter 2001 ( < the> Administrative Procedure < and
5-18 Texas Register> Act < (Article 6252-13a, Vernon's Texas Civil
5-19 Statutes>), that all new state buildings and major renovation
5-20 projects, including buildings and major renovation projects of
5-21 state-supported institutions of higher education, are required to
5-22 meet. The center < office of the governor> shall define what
5-23 constitutes a major renovation project under this section and shall
5-24 review and update the standards biennially.
5-25 (c) The standards must be adopted in terms of energy
6-1 consumption levels and must take into consideration the various
6-2 classes of building uses and must allow for design flexibility.
6-3 Procedural standards must be directed toward specific design and
6-4 building practices that produce good thermal resistance and low
6-5 infiltration and toward requiring practices in the design of
6-6 mechanical and electrical systems that maximize energy efficiency.
6-7 The procedural standards must concern, as applicable:
6-8 (1) insulation;
6-9 (2) lighting;
6-10 (3) ventilation;
6-11 (4) climate control;
6-12 (5) special energy requirements of health-related
6-13 facilities of higher education and state agencies; and
6-14 (6) any other item that the center < office of the
6-15 governor> considers appropriate that is adopted under Chapter 2001
6-16 ( < the> Administrative Procedure < and Texas Register> Act < (Article
6-17 6252-13a, Vernon's Texas Civil Statutes>).
6-18 (d) In order to demonstrate compliance with the requirement
6-19 to adopt and update the conservation design standards, each agency
6-20 and institution of higher education shall submit a copy of its
6-21 design and construction manuals to the center < office of the
6-22 governor> on request.
6-23 SECTION 9. Sections 447.005, 447.006, and 447.007,
6-24 Government Code, are amended to read as follows:
6-25 Sec. 447.005. ENERGY EFFICIENCY PROJECTS. Subject to
7-1 applicable state and federal laws or guidelines, the < office of the
7-2 governor, through the> energy management center< ,> may implement
7-3 energy efficiency projects at state agencies or may assist those
7-4 agencies in implementing the projects through energy efficiency
7-5 programs financed through state or federal grants or loans.
7-6 Sec. 447.006. OBTAINING DATA. The energy management center
7-7 < office of the governor> shall obtain semiannually from each state
7-8 agency information relating to the cost of heating and cooling
7-9 buildings owned by the state.
7-10 Sec. 447.007. MODEL CODES. The energy management center
7-11 < office of the governor> may recommend model energy conservation
7-12 building codes to municipalities for use in enacting or amending
7-13 municipal ordinances.
7-14 SECTION 10. Subsection (a), Section 447.008, Government
7-15 Code, is amended to read as follows:
7-16 (a) The < Through the> energy management center< , the office
7-17 of the governor> may provide additional energy services, including:
7-18 (1) training of designated state employees in energy
7-19 management, energy-accounting techniques, and energy efficient
7-20 design and construction;
7-21 (2) technical assistance regarding energy efficient
7-22 capital improvements, energy efficient building design, and
7-23 cogeneration and thermal storage investments;
7-24 (3) technical assistance to the State Auditor and to
7-25 state agencies regarding conducting energy management performance
8-1 audits and monitoring of utility bills to detect billing errors;
8-2 (4) technical assistance to state agencies regarding
8-3 third-party financing of energy efficient capital improvement
8-4 projects; and
8-5 (5) other energy-related assistance requested by
8-6 agencies, other legislatively created entities of the state,
8-7 institutions of higher education, and consortiums of institutions
8-8 of higher education that the center < office of the governor>
8-9 considers appropriate.
8-10 SECTION 11. Subsection (a), Section 447.011, Government
8-11 Code, is amended to read as follows:
8-12 (a) The < Through the> energy management center< , the office
8-13 of the governor> shall provide energy management planning
8-14 assistance to state agencies and institutions of higher education,
8-16 (1) preparation of a long-range plan for the delivery
8-17 of reliable, cost-effective utility services for state agencies,
8-18 institutions of higher education, boards, and commissions in Travis
8-19 County. This plan shall be presented to the affected agencies for
8-20 use in preparing their five-year construction and major
8-21 rehabilitation plans. After other energy-saving alternatives are
8-22 considered, district heating and cooling and on-site generation of
8-23 electricity may be considered in planning for reliable, efficient,
8-24 and cost-effective utility services;
8-25 (2) assistance to the Department of Public Safety for
9-1 energy emergency contingency planning, using state or federal funds
9-2 when available; and
9-3 (3) assistance to state agencies and institutions of
9-4 higher education in preparing comprehensive energy management
9-5 plans. The energy management center shall prepare guidelines for
9-6 the preparation of these plans. State agencies and institutions of
9-7 higher education that expend more than $250,000 annually for
9-8 heating, lighting, and cooling and that occupy state-owned
9-9 buildings shall prepare and submit a five-year energy management
9-10 plan to the center < office of the governor>. Agencies and
9-11 institutions of higher education with smaller usage may be required
9-12 to submit such plans. Updated plans shall be submitted biennially
9-13 when requested by the center < governor>.
9-14 SECTION 12. This Act takes effect September 1, 1995.
9-15 SECTION 13. The importance of this legislation and the
9-16 crowded condition of the calendars in both houses create an
9-17 emergency and an imperative public necessity that the
9-18 constitutional rule requiring bills to be read on three several
9-19 days in each house be suspended, and this rule is hereby suspended,
9-20 and that this Act take effect and be in force according to its
9-21 terms, and it is so enacted.