By:  Cain                                     S.B. No. 868

         97S0599/1                           

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to energy savings projects for local governments.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Subtitle C, Title 9, Local Government Code, is

 1-4     amended by adding Chapter 302 to read as follows:

 1-5               CHAPTER 302.  ENERGY CONSERVATION MEASURES FOR

 1-6                              LOCAL GOVERNMENTS

 1-7           Sec. 302.001.  DEFINITION.  In this chapter, "local

 1-8     government" means a county, municipality, or other political

 1-9     subdivision of this state.

1-10           Sec. 302.002.  ENERGY CONSERVATION MEASURES.  (a)  The

1-11     governing body of a local government may enter into a contract for

1-12     energy conservation measures to reduce energy consumption or

1-13     operating costs of governmental facilities in accordance with this

1-14     chapter.

1-15           (b)  A contract authorized under this chapter includes a

1-16     contract for the installation of:

1-17                 (1)  insulation of the building structure and systems

1-18     within the building;

1-19                 (2)  storm windows or doors, caulking or weather

1-20     stripping, multiglazed windows or doors, heat-absorbing or

1-21     heat-reflective glazed and coated window or door systems, or other

1-22     window or door system modifications that reduce energy consumption;

1-23                 (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

 3-1     factors.

 3-2           (b)  The contract shall be awarded to the responsible offeror

 3-3     whose proposal, following negotiations, is determined to be the

 3-4     most advantageous to the local government, considering the savings

 3-5     and other evaluation factors set forth in the request for

 3-6     proposals.

 3-7           (c)  To obtain the best final offers, the local government

 3-8     may allow proposal revisions after submissions and before the award

 3-9     of the contract.

3-10           SECTION 2.  The importance of this legislation and the

3-11     crowded condition of the calendars in both houses create an

3-12     emergency and an imperative public necessity that the

3-13     constitutional rule requiring bills to be read on three several

3-14     days in each house be suspended, and this rule is hereby suspended,

3-15     and that this Act take effect and be in force from and after its

3-16     passage, and it is so enacted.