S.B. No. 1020
AN ACT
1-1 relating to the transfer of certain programs from the governor's
1-2 office.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Sections 752.001 and 752.003, Government Code,
1-5 are amended to read as follows:
1-6 Sec. 752.001. OFFICE OF IMMIGRATION AND REFUGEE AFFAIRS.
1-7 The Office of Immigration and Refugee Affairs is created within the
1-8 Texas Department of Human Services <governor's office>.
1-9 Sec. 752.003. REFUGEE COORDINATOR. The governor shall
1-10 appoint a refugee coordinator for the office to serve at the
1-11 pleasure of the governor. The refugee coordinator shall serve as
1-12 chief administrative officer of the office and shall ensure
1-13 coordination of public and private resources in refugee
1-14 resettlement.
1-15 SECTION 2. Section 752.002, Government Code, is repealed.
1-16 SECTION 3. Chapter 131, Human Resources Code, as amended by
1-17 Chapter 747, Acts of the 73rd Legislature, 1993, is amended to read
1-18 as follows:
1-19 CHAPTER 131. HEALTH AND HUMAN SERVICES TRANSPORTATION
1-20 AND PLANNING OFFICE
1-21 Sec. 131.001. OFFICE. The Health and Human Services
1-22 Transportation and Planning Office is in the Health and Human
1-23 Services Commission <governor's office>.
2-1 Sec. 131.002. POWERS AND DUTIES. (a) The office shall:
2-2 (1) collect data on health and human services client
2-3 transportation needs, services, and expenditures;
2-4 (2) create a statewide coordination plan regarding a
2-5 system of transportation for clients of health and human services
2-6 agencies, including the designation of local transportation
2-7 coordinators;
2-8 (3) establish standards of reporting and accounting
2-9 methods for all agencies providing health and human services client
2-10 transportation;
2-11 (4) maximize federal funds for client transportation
2-12 through the use of available state funds for matching purposes and
2-13 the possible use of oil overcharge money and planning funds
2-14 available through the federal department of transportation;
2-15 (5) evaluate the effectiveness of pooling client
2-16 transportation resources for capital acquisition and the joint
2-17 purchase of liability insurance;
2-18 (6) assist state agencies in coordinating
2-19 transportation resources;
2-20 (7) ensure coordination between the office and the
2-21 Texas Department of Transportation with regard to the use of funds
2-22 received by the department under 49 U.S.C. Section 1612(b)(1);
2-23 (8) examine the feasibility of consolidating all
2-24 funding for health and human services client transportation and
2-25 creating a transportation system through which clients of a state
3-1 or local agency or program could be matched with the most
3-2 cost-effective and appropriate transportation services for their
3-3 needs;
3-4 (9) evaluate the use of existing computer software for
3-5 use at the local level in client transportation services; and
3-6 (10) review the feasibility of taking medical care to
3-7 those in need, including the use of mobile clinics, and review the
3-8 possibility of using federal highway funds for those transportation
3-9 needs.
3-10 (b) The Health and Human Services Transportation and
3-11 Planning Office shall coordinate with the Health and Human Services
3-12 Commission and health and human services agencies in implementing
3-13 the goals listed in Section 10(b), Article 4413(502), Revised
3-14 Statutes. The office shall report its findings and proposals to
3-15 the commissioner of health and human services not later than
3-16 September 1 of each even-numbered year.
3-17 Sec. 131.003. OFFICE STAFF. The commissioner of health and
3-18 human services <governor> shall employ staff needed to carry out
3-19 the duties of the office.
3-20 SECTION 4. Subdivision (3), Section 2305.002, Government
3-21 Code, is amended to read as follows:
3-22 (3) "Energy office" means the energy office of the
3-23 General Services Commission <governor>.
3-24 SECTION 5. Section 2305.011, Government Code, is amended to
3-25 read as follows:
4-1 Sec. 2305.011. ADMINISTRATION BY GOVERNOR AND ENERGY OFFICE.
4-2 (a) Subject to Section 2305.013, the governor may:
4-3 (1) finance a project under this chapter; and
4-4 (2) oversee and monitor the administration of a
4-5 program prescribed by this chapter.
4-6 (b) The governor may establish direct grant programs and
4-7 competitive grant programs in addition to the programs provided by
4-8 this chapter.
4-9 (c) The governor shall:
4-10 (1) determine the supervising state agency for each
4-11 competitive grant program and for each direct grant program
4-12 established by the governor; and
4-13 (2) establish programs and criteria and evaluate a
4-14 proposal in accordance with applicable federal guidelines<; and>
4-15 <(3) send to the appropriate federal entity all
4-16 information required under applicable federal guidelines>.
4-17 (d) The energy office shall send to the appropriate federal
4-18 entity all information required under applicable federal
4-19 guidelines.
4-20 (e) Criteria established under this section may apply
4-21 generally to all programs or specifically to one or more programs.
4-22 SECTION 6. Section 2305.037, Government Code, is amended to
4-23 read as follows:
4-24 Sec. 2305.037. NATIVE AMERICAN RESTITUTIONARY PROGRAM.
4-25 (a) The energy office is the <A> supervising state agency which
5-1 shall administer the Native American restitutionary program.
5-2 (b) The office <agency> shall distribute direct grant money
5-3 under the program to provide energy-related assistance to Native
5-4 Americans of this state.
5-5 SECTION 7. The heading of Chapter 447 and Section 447.001,
5-6 Government Code, are amended to read as follows:
5-7 CHAPTER 447. ENERGY MANAGEMENT CENTER <OF THE OFFICE OF
5-8 THE GOVERNOR>
5-9 Sec. 447.001. ESTABLISHMENT OF CENTER. The energy
5-10 management center is established in the General Services Commission
5-11 <as a division of the office of the governor>.
5-12 SECTION 8. Subsections (a), (c), and (d), Section 447.004,
5-13 Government Code, are amended to read as follows:
5-14 (a) The <Through the> energy management center<, the office
5-15 of the governor> shall adopt and publish energy conservation design
5-16 standards, under Chapter 2001 <the Administrative Procedure and
5-17 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
5-18 Statutes)>, that all new state buildings and major renovation
5-19 projects, including buildings and major renovation projects of
5-20 state-supported institutions of higher education, are required to
5-21 meet. The center <office of the governor> shall define what
5-22 constitutes a major renovation project under this section and shall
5-23 review and update the standards biennially.
5-24 (c) The standards must be adopted in terms of energy
5-25 consumption levels and must take into consideration the various
6-1 classes of building uses and must allow for design flexibility.
6-2 Procedural standards must be directed toward specific design and
6-3 building practices that produce good thermal resistance and low
6-4 infiltration and toward requiring practices in the design of
6-5 mechanical and electrical systems that maximize energy efficiency.
6-6 The procedural standards must concern, as applicable:
6-7 (1) insulation;
6-8 (2) lighting;
6-9 (3) ventilation;
6-10 (4) climate control;
6-11 (5) special energy requirements of health-related
6-12 facilities of higher education and state agencies; and
6-13 (6) any other item that the center <office of the
6-14 governor> considers appropriate that is adopted under Chapter 2001
6-15 <the Administrative Procedure and Texas Register Act (Article
6-16 6252-13a, Vernon's Texas Civil Statutes)>.
6-17 (d) In order to demonstrate compliance with the requirement
6-18 to adopt and update the conservation design standards, each agency
6-19 and institution of higher education shall submit a copy of its
6-20 design and construction manuals to the center <office of the
6-21 governor> on request.
6-22 SECTION 9. Sections 447.005, 447.006, and 447.007,
6-23 Government Code, are amended to read as follows:
6-24 Sec. 447.005. ENERGY EFFICIENCY PROJECTS. Subject to
6-25 applicable state and federal laws or guidelines, the <office of the
7-1 governor, through the> energy management center<,> may implement
7-2 energy efficiency projects at state agencies or may assist those
7-3 agencies in implementing the projects through energy efficiency
7-4 programs financed through state or federal grants or loans.
7-5 Sec. 447.006. OBTAINING DATA. The energy management center
7-6 <office of the governor> shall obtain semiannually from each state
7-7 agency information relating to the cost of heating and cooling
7-8 buildings owned by the state.
7-9 Sec. 447.007. MODEL CODES. The energy management center
7-10 <office of the governor> may recommend model energy conservation
7-11 building codes to municipalities for use in enacting or amending
7-12 municipal ordinances.
7-13 SECTION 10. Subsection (a), Section 447.008, Government
7-14 Code, is amended to read as follows:
7-15 (a) The <Through the> energy management center<, the office
7-16 of the governor> may provide additional energy services, including:
7-17 (1) training of designated state employees in energy
7-18 management, energy-accounting techniques, and energy efficient
7-19 design and construction;
7-20 (2) technical assistance regarding energy efficient
7-21 capital improvements, energy efficient building design, and
7-22 cogeneration and thermal storage investments;
7-23 (3) technical assistance to the State Auditor and to
7-24 state agencies regarding conducting energy management performance
7-25 audits and monitoring of utility bills to detect billing errors;
8-1 (4) technical assistance to state agencies regarding
8-2 third-party financing of energy efficient capital improvement
8-3 projects; and
8-4 (5) other energy-related assistance requested by
8-5 agencies, other legislatively created entities of the state,
8-6 institutions of higher education, and consortiums of institutions
8-7 of higher education that the center <office of the governor>
8-8 considers appropriate.
8-9 SECTION 11. Subsection (a), Section 447.011, Government
8-10 Code, is amended to read as follows:
8-11 (a) The <Through the> energy management center<, the office
8-12 of the governor> shall provide energy management planning
8-13 assistance to state agencies and institutions of higher education,
8-14 including:
8-15 (1) preparation of a long-range plan for the delivery
8-16 of reliable, cost-effective utility services for state agencies,
8-17 institutions of higher education, boards, and commissions in Travis
8-18 County. This plan shall be presented to the affected agencies for
8-19 use in preparing their five-year construction and major
8-20 rehabilitation plans. After other energy-saving alternatives are
8-21 considered, district heating and cooling and on-site generation of
8-22 electricity may be considered in planning for reliable, efficient,
8-23 and cost-effective utility services;
8-24 (2) assistance to the Department of Public Safety for
8-25 energy emergency contingency planning, using state or federal funds
9-1 when available; and
9-2 (3) assistance to state agencies and institutions of
9-3 higher education in preparing comprehensive energy management
9-4 plans. The energy management center shall prepare guidelines for
9-5 the preparation of these plans. State agencies and institutions of
9-6 higher education that expend more than $250,000 annually for
9-7 heating, lighting, and cooling and that occupy state-owned
9-8 buildings shall prepare and submit a five-year energy management
9-9 plan to the center <office of the governor>. Agencies and
9-10 institutions of higher education with smaller usage may be required
9-11 to submit such plans. Updated plans shall be submitted biennially
9-12 when requested by the center <governor>.
9-13 SECTION 12. This Act takes effect September 1, 1995.
9-14 SECTION 13. The importance of this legislation and the
9-15 crowded condition of the calendars in both houses create an
9-16 emergency and an imperative public necessity that the
9-17 constitutional rule requiring bills to be read on three several
9-18 days in each house be suspended, and this rule is hereby suspended,
9-19 and that this Act take effect and be in force according to its
9-20 terms, and it is so enacted.