1-1 By: Brown S.B. No. 1020
1-2 (In the Senate - Filed March 8, 1995; March 9, 1995, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 7, 1995, reported favorably by the following vote: Yeas 10,
1-5 Nays 0; April 7, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the transfer of certain programs from the governor's
1-9 office.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Sections 752.001 and 752.003, Government Code,
1-12 are amended to read as follows:
1-13 Sec. 752.001. OFFICE OF IMMIGRATION AND REFUGEE AFFAIRS.
1-14 The Office of Immigration and Refugee Affairs is created within the
1-15 Texas Department of Human Services <governor's office>.
1-16 Sec. 752.003. REFUGEE COORDINATOR. The governor shall
1-17 appoint a refugee coordinator for the office to serve at the
1-18 pleasure of the governor. The refugee coordinator shall serve as
1-19 chief administrative officer of the office and shall ensure
1-20 coordination of public and private resources in refugee
1-21 resettlement.
1-22 SECTION 2. Section 752.002, Government Code, is repealed.
1-23 SECTION 3. Chapter 131, Human Resources Code, as amended by
1-24 Chapter 747, Acts of the 73rd Legislature, 1993, is amended to read
1-25 as follows:
1-26 CHAPTER 131. HEALTH AND HUMAN SERVICES TRANSPORTATION
1-27 AND PLANNING OFFICE
1-28 Sec. 131.001. OFFICE. The Health and Human Services
1-29 Transportation and Planning Office is in the Health and Human
1-30 Services Commission <governor's office>.
1-31 Sec. 131.002. POWERS AND DUTIES. (a) The office shall:
1-32 (1) collect data on health and human services client
1-33 transportation needs, services, and expenditures;
1-34 (2) create a statewide coordination plan regarding a
1-35 system of transportation for clients of health and human services
1-36 agencies, including the designation of local transportation
1-37 coordinators;
1-38 (3) establish standards of reporting and accounting
1-39 methods for all agencies providing health and human services client
1-40 transportation;
1-41 (4) maximize federal funds for client transportation
1-42 through the use of available state funds for matching purposes and
1-43 the possible use of oil overcharge money and planning funds
1-44 available through the federal department of transportation;
1-45 (5) evaluate the effectiveness of pooling client
1-46 transportation resources for capital acquisition and the joint
1-47 purchase of liability insurance;
1-48 (6) assist state agencies in coordinating
1-49 transportation resources;
1-50 (7) ensure coordination between the office and the
1-51 Texas Department of Transportation with regard to the use of funds
1-52 received by the department under 49 U.S.C. Section 1612(b)(1);
1-53 (8) examine the feasibility of consolidating all
1-54 funding for health and human services client transportation and
1-55 creating a transportation system through which clients of a state
1-56 or local agency or program could be matched with the most
1-57 cost-effective and appropriate transportation services for their
1-58 needs;
1-59 (9) evaluate the use of existing computer software for
1-60 use at the local level in client transportation services; and
1-61 (10) review the feasibility of taking medical care to
1-62 those in need, including the use of mobile clinics, and review the
1-63 possibility of using federal highway funds for those transportation
1-64 needs.
1-65 (b) The Health and Human Services Transportation and
1-66 Planning Office shall coordinate with the Health and Human Services
1-67 Commission and health and human services agencies in implementing
1-68 the goals listed in Section 10(b), Article 4413(502), Revised
2-1 Statutes. The office shall report its findings and proposals to
2-2 the commissioner of health and human services not later than
2-3 September 1 of each even-numbered year.
2-4 Sec. 131.003. OFFICE STAFF. The commissioner of health and
2-5 human services <governor> shall employ staff needed to carry out
2-6 the duties of the office.
2-7 SECTION 4. Subdivision (3), Section 2305.002, Government
2-8 Code, is amended to read as follows:
2-9 (3) "Energy office" means the energy office of the
2-10 General Services Commission <governor>.
2-11 SECTION 5. Section 2305.011, Government Code, is amended to
2-12 read as follows:
2-13 Sec. 2305.011. ADMINISTRATION BY GOVERNOR AND ENERGY OFFICE.
2-14 (a) Subject to Section 2305.013, the governor may:
2-15 (1) finance a project under this chapter; and
2-16 (2) oversee and monitor the administration of a
2-17 program prescribed by this chapter.
2-18 (b) The governor may establish direct grant programs and
2-19 competitive grant programs in addition to the programs provided by
2-20 this chapter.
2-21 (c) The governor shall:
2-22 (1) determine the supervising state agency for each
2-23 competitive grant program and for each direct grant program
2-24 established by the governor; and
2-25 (2) establish programs and criteria and evaluate a
2-26 proposal in accordance with applicable federal guidelines<; and>
2-27 <(3) send to the appropriate federal entity all
2-28 information required under applicable federal guidelines>.
2-29 (d) The energy office shall send to the appropriate federal
2-30 entity all information required under applicable federal
2-31 guidelines.
2-32 (e) Criteria established under this section may apply
2-33 generally to all programs or specifically to one or more programs.
2-34 SECTION 6. Section 2305.037, Government Code, is amended to
2-35 read as follows:
2-36 Sec. 2305.037. NATIVE AMERICAN RESTITUTIONARY PROGRAM.
2-37 (a) The energy office is the <A> supervising state agency which
2-38 shall administer the Native American restitutionary program.
2-39 (b) The office <agency> shall distribute direct grant money
2-40 under the program to provide energy-related assistance to Native
2-41 Americans of this state.
2-42 SECTION 7. The heading of Chapter 447 and Section 447.001,
2-43 Government Code, are amended to read as follows:
2-44 CHAPTER 447. ENERGY MANAGEMENT CENTER <OF THE OFFICE OF
2-45 THE GOVERNOR>
2-46 Sec. 447.001. ESTABLISHMENT OF CENTER. The energy
2-47 management center is established in the General Services Commission
2-48 <as a division of the office of the governor>.
2-49 SECTION 8. Subsections (a), (c), and (d), Section 447.004,
2-50 Government Code, are amended to read as follows:
2-51 (a) The <Through the> energy management center<, the office
2-52 of the governor> shall adopt and publish energy conservation design
2-53 standards, under Chapter 2001 <the Administrative Procedure and
2-54 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
2-55 Statutes)>, that all new state buildings and major renovation
2-56 projects, including buildings and major renovation projects of
2-57 state-supported institutions of higher education, are required to
2-58 meet. The center <office of the governor> shall define what
2-59 constitutes a major renovation project under this section and shall
2-60 review and update the standards biennially.
2-61 (c) The standards must be adopted in terms of energy
2-62 consumption levels and must take into consideration the various
2-63 classes of building uses and must allow for design flexibility.
2-64 Procedural standards must be directed toward specific design and
2-65 building practices that produce good thermal resistance and low
2-66 infiltration and toward requiring practices in the design of
2-67 mechanical and electrical systems that maximize energy efficiency.
2-68 The procedural standards must concern, as applicable:
2-69 (1) insulation;
2-70 (2) lighting;
3-1 (3) ventilation;
3-2 (4) climate control;
3-3 (5) special energy requirements of health-related
3-4 facilities of higher education and state agencies; and
3-5 (6) any other item that the center <office of the
3-6 governor> considers appropriate that is adopted under Chapter 2001
3-7 <the Administrative Procedure and Texas Register Act (Article
3-8 6252-13a, Vernon's Texas Civil Statutes)>.
3-9 (d) In order to demonstrate compliance with the requirement
3-10 to adopt and update the conservation design standards, each agency
3-11 and institution of higher education shall submit a copy of its
3-12 design and construction manuals to the center <office of the
3-13 governor> on request.
3-14 SECTION 9. Sections 447.005, 447.006, and 447.007,
3-15 Government Code, are amended to read as follows:
3-16 Sec. 447.005. ENERGY EFFICIENCY PROJECTS. Subject to
3-17 applicable state and federal laws or guidelines, the <office of the
3-18 governor, through the> energy management center<,> may implement
3-19 energy efficiency projects at state agencies or may assist those
3-20 agencies in implementing the projects through energy efficiency
3-21 programs financed through state or federal grants or loans.
3-22 Sec. 447.006. OBTAINING DATA. The energy management center
3-23 <office of the governor> shall obtain semiannually from each state
3-24 agency information relating to the cost of heating and cooling
3-25 buildings owned by the state.
3-26 Sec. 447.007. MODEL CODES. The energy management center
3-27 <office of the governor> may recommend model energy conservation
3-28 building codes to municipalities for use in enacting or amending
3-29 municipal ordinances.
3-30 SECTION 10. Subsection (a), Section 447.008, Government
3-31 Code, is amended to read as follows:
3-32 (a) The <Through the> energy management center<, the office
3-33 of the governor> may provide additional energy services, including:
3-34 (1) training of designated state employees in energy
3-35 management, energy-accounting techniques, and energy efficient
3-36 design and construction;
3-37 (2) technical assistance regarding energy efficient
3-38 capital improvements, energy efficient building design, and
3-39 cogeneration and thermal storage investments;
3-40 (3) technical assistance to the State Auditor and to
3-41 state agencies regarding conducting energy management performance
3-42 audits and monitoring of utility bills to detect billing errors;
3-43 (4) technical assistance to state agencies regarding
3-44 third-party financing of energy efficient capital improvement
3-45 projects; and
3-46 (5) other energy-related assistance requested by
3-47 agencies, other legislatively created entities of the state,
3-48 institutions of higher education, and consortiums of institutions
3-49 of higher education that the center <office of the governor>
3-50 considers appropriate.
3-51 SECTION 11. Subsection (a), Section 447.011, Government
3-52 Code, is amended to read as follows:
3-53 (a) The <Through the> energy management center<, the office
3-54 of the governor> shall provide energy management planning
3-55 assistance to state agencies and institutions of higher education,
3-56 including:
3-57 (1) preparation of a long-range plan for the delivery
3-58 of reliable, cost-effective utility services for state agencies,
3-59 institutions of higher education, boards, and commissions in Travis
3-60 County. This plan shall be presented to the affected agencies for
3-61 use in preparing their five-year construction and major
3-62 rehabilitation plans. After other energy-saving alternatives are
3-63 considered, district heating and cooling and on-site generation of
3-64 electricity may be considered in planning for reliable, efficient,
3-65 and cost-effective utility services;
3-66 (2) assistance to the Department of Public Safety for
3-67 energy emergency contingency planning, using state or federal funds
3-68 when available; and
3-69 (3) assistance to state agencies and institutions of
3-70 higher education in preparing comprehensive energy management
4-1 plans. The energy management center shall prepare guidelines for
4-2 the preparation of these plans. State agencies and institutions of
4-3 higher education that expend more than $250,000 annually for
4-4 heating, lighting, and cooling and that occupy state-owned
4-5 buildings shall prepare and submit a five-year energy management
4-6 plan to the center <office of the governor>. Agencies and
4-7 institutions of higher education with smaller usage may be required
4-8 to submit such plans. Updated plans shall be submitted biennially
4-9 when requested by the center <governor>.
4-10 SECTION 12. This Act takes effect September 1, 1995.
4-11 SECTION 13. The importance of this legislation and the
4-12 crowded condition of the calendars in both houses create an
4-13 emergency and an imperative public necessity that the
4-14 constitutional rule requiring bills to be read on three several
4-15 days in each house be suspended, and this rule is hereby suspended,
4-16 and that this Act take effect and be in force according to its
4-17 terms, and it is so enacted.
4-18 * * * * *