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
    1-3  office.
    1-5        SECTION 1.  Sections 752.001 and 752.003, Government Code,
    1-6  are amended to read as follows:
    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        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
   1-15  resettlement.
   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  Section 752.002, Government Code, is repealed.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:
   1-21                          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
    2-8  coordinators;
    2-9              (3)  establish standards of reporting and accounting
   2-10  methods for all agencies providing health and human services client
   2-11  transportation;
   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
    3-4  needs;
    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
   3-10  needs.
   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:
    4-3  (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
   4-20  guidelines.
   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:
    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:
    5-9                             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,
   8-15  including:
   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.