74R12553 SMH-F
By Sibley S.B. No. 726
Substitute the following for S.B. No. 726:
By McDonald C.S.S.B. No. 726
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to energy conservation measures by institutions of higher
1-3 education.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 51.927, Education Code, is amended by
1-6 amending Subsection (g) and adding Subsections (j) and (k) to read
1-7 as follows:
1-8 (g) A contract under this section may be let under
1-9 competitive sealed proposal procedures. Notice of the request for
1-10 proposals shall be given in the manner provided for in Sec. 3.12,
1-11 Article 601b, Revised Statutes. The institution shall submit the
1-12 proposals to the energy management center for review and comment
1-13 before awarding the contract. The energy management center may
1-14 provide cost-benefit analysis of the proposals and analysis of the
1-15 guaranteed savings projected by offerors and may charge a fee for
1-16 this service <The notice of the request for proposals shall be
1-17 provided to the office of the governor for review and comment at
1-18 least 30 days prior to any contract award>. The contract shall be
1-19 awarded to the responsible offeror whose proposal, following
1-20 negotiations, is determined by the institution to be the most
1-21 advantageous to the institution considering the guaranteed savings
1-22 and other evaluation factors set forth in the request for
1-23 proposals, except that if the institution finds that no offer is
1-24 acceptable, it shall refuse all offers.
2-1 (j) The legislature shall base an institution's
2-2 appropriation for energy costs during a fiscal year on the sum of:
2-3 (1) the institution's estimated energy costs for that
2-4 fiscal year; and
2-5 (2) if a contract under this section is in effect, the
2-6 institution's estimated net savings resulting from the contract
2-7 during the contract term, divided by the number of years in the
2-8 contract term.
2-9 (k) The Texas Higher Education Coordinating Board, in
2-10 consultation with the energy management center, shall establish
2-11 guidelines and an approval process for energy conservation
2-12 measures.
2-13 SECTION 2. (a) This Act takes effect September 1, 1995.
2-14 (b) This Act does not apply to an appropriation enacted
2-15 before the effective date of this Act, without regard to the period
2-16 for which the appropriation is made.
2-17 SECTION 3. The importance of this legislation and the
2-18 crowded condition of the calendars in both houses create an
2-19 emergency and an imperative public necessity that the
2-20 constitutional rule requiring bills to be read on three several
2-21 days in each house be suspended, and this rule is hereby suspended.