Bill not drafted by TLC or Senate E&E. Line and page numbers may not match official copy. By Holzheauser H.B. No. 1243 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to energy savings projects for local governments. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subtitle C, Title 9, Local Government Code, is 1-5 amended by adding Chapter 302 to read as follows: 1-6 CHAPTER 302. ENERGY CONSERVATION MEASURES FOR 1-7 LOCAL GOVERNMENTS 1-8 Sec. 302.001. DEFINITION. In this chapter, "local 1-9 government" means a county, municipality, or other political 1-10 subdivision of this state. 1-11 Sec. 302.002. ENERGY CONSERVATION MEASURES. (a) The 1-12 governing body of a local government may enter into a contract for 1-13 energy conservation measures to reduce energy consumption or 1-14 operating costs of governmental facilities in accordance with this 1-15 chapter. 1-16 (b) A contract authorized under this chapter includes a 1-17 contract for the installation of: 1-18 (1) insulation of the building structure and systems 1-19 within the building; 1-20 (2) storm windows or doors, caulking or weather 1-21 stripping, multiglazed windows or doors, heat absorbing or heat 1-22 reflective glazed and coated window or door systems, or other 1-23 window or door system modifications that reduce energy consumption; 1-24 (3) automatic energy control systems, including 2-1 computer software and technical data licenses; 2-2 (4) heating, ventilating, or air-conditioning system 2-3 modifications or replacements; 2-4 (5) lighting fixtures that increase energy efficiency; 2-5 (6) energy recovery systems; or 2-6 (7) other energy conservation-related improvements or 2-7 equipment. 2-8 Sec. 302.003. PAYMENT AND PERFORMANCE BOND. Before entering 2-9 into a contract for energy conservation measures, the provider of 2-10 the energy conservation measures must file with the local 2-11 government a payment and performance bond relating to the 2-12 installation of the energy conservation measures that is in an 2-13 amount the governing body finds reasonable and necessary to protect 2-14 the interests of the local government. 2-15 Sec. 302.004. LEASE-PURCHASE CONTRACT AUTHORIZED. A 2-16 contract for energy conservation measures, with respect to existing 2-17 buildings or facilities, may be a lease/purchase contract with a 2-18 term not to exceed 10 years. 2-19 Sec. 302.005. BIDDING PROCEDURES; AWARD OF CONTRACT. (a) A 2-20 contract under this chapter may be let under competitive proposal 2-21 procedures. Notice of the request for proposals shall be published 2-22 in the manner provided for competitive bidding. Requests for 2-23 proposals must solicit quotations and must specify the relative 2-24 importance of savings, price, financial performance and stability, 2-25 quality, technical ability, experience, and other evaluation 2-26 factors. 2-27 (b) The contract shall be awarded to the responsible offeror 2-28 whose proposal, following negotiations, is determined to be the 2-29 most advantageous to the local government considering the savings 2-30 and other evaluation factors set forth in the request for 3-1 proposals. 3-2 (c) To obtain the best final offers, the local government 3-3 may allow proposal revisions after submissions and before the award 3-4 of the contract. 3-5 SECTION 2. The importance of this legislation and the 3-6 crowded condition of the calendars in both houses create an 3-7 emergency and an imperative public necessity that the 3-8 constitutional rule requiring bills to be read on three several 3-9 days in each house be suspended, and this rule is hereby suspended, 3-10 and that this Act take effect and be in force from and after its 3-11 passage, and it is so enacted.