S.B. No. 726
AN ACT
1-1 relating to energy conservation measures by institutions of higher
1-2 education.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 51.927, Education Code, is amended by
1-5 amending Subsection (g) and by adding Subsections (j) and (k) to
1-6 read as follows:
1-7 (g) A contract under this section may be let under
1-8 competitive sealed proposal procedures. Notice of the request for
1-9 proposals shall be given in the manner provided for in Sec. 3.12,
1-10 Article 601b, Revised Statutes. The institution shall submit the
1-11 proposals to the energy management center for review and comment
1-12 before awarding the contract. The energy management center may
1-13 provide cost-benefit analysis of the proposals and analysis of the
1-14 guaranteed savings projected by offerors and may charge a fee for
1-15 this service <notice of the request for proposals shall be provided
1-16 to the office of the governor for review and comment at least 30
1-17 days prior to any contract award>. The contract shall be awarded
1-18 to the responsible offeror whose proposal, following negotiations,
1-19 is determined by the institution to be the most advantageous to the
1-20 institution considering the guaranteed savings and other evaluation
1-21 factors set forth in the request for proposals, except that if the
1-22 institution finds that no offer is acceptable, it shall refuse all
1-23 offers.
1-24 (j) The legislature shall base an institution's
2-1 appropriation for energy costs during a fiscal year on the sum of:
2-2 (1) the institution's estimated energy costs for that
2-3 fiscal year; and
2-4 (2) if a contract under this section is in effect, the
2-5 institution's estimated net savings resulting from the contract
2-6 during the contract term, divided by the number of years in the
2-7 contract term.
2-8 (k) The Texas Higher Education Coordinating Board, in
2-9 consultation with the energy management center, shall establish
2-10 guidelines and an approval process for energy conservation
2-11 measures.
2-12 SECTION 2. (a) This Act takes effect September 1, 1995.
2-13 (b) This Act does not apply to an appropriation enacted
2-14 before the effective date of this Act, without regard to the period
2-15 for which the appropriation is made.
2-16 SECTION 3. The importance of this legislation and the
2-17 crowded condition of the calendars in both houses create an
2-18 emergency and an imperative public necessity that the
2-19 constitutional rule requiring bills to be read on three several
2-20 days in each house be suspended, and this rule is hereby suspended.