By: Nelson S.B. No. 1811
A BILL TO BE ENTITLED
AN ACT
1-1 relating to energy conservation measures by institutions of higher
1-2 education, including the financing of such measures.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsections (e) and (f), Section 51.927,
1-5 Education Code, are amended to read as follows:
1-6 (e) The board may enter into a contract for a period of more
1-7 than one year for energy conservation measures with a person if the
1-8 board finds that the amount the institution would spend on the
1-9 energy conservation measures will not exceed the amount to be saved
1-10 in energy and operating costs over 10 years from the date of
1-11 installation. If the term of a contract for energy conservation
1-12 measures exceeds one year, the board's contractual obligation in
1-13 any year during the term of the contract beginning after the final
1-14 date of installation may not exceed the total energy and operating
1-15 cost savings, including but not limited to electrical, gas, or
1-16 other utility cost savings and operating cost savings resulting
1-17 from automatic monitoring and control, as determined by the board
1-18 in this subsection, divided by the number of years in the contract
1-19 term beginning after the final date of installation. The board
1-20 shall consider all costs of the energy conservation measures,
1-21 including costs of design, engineering, installation, maintenance,
1-22 repairs, and debt service.
1-23 (f) A contract for energy conservation measures may be a
2-1 lease/purchase contract, with a term not to exceed 10 years after
2-2 the final date of installation, that meets federal tax requirements
2-3 for tax-free municipal leasing or long-term financing. The Master
2-4 Equipment Lease Purchase Program operated by the Texas Public
2-5 Finance Authority may be utilized by an institution to fund a
2-6 contract for energy conservation measures so long as the costs of
2-7 the energy conservation measures, including costs of design,
2-8 engineering, installation, maintenance, repairs, and anticipated
2-9 debt service requirements of the Master Equipment Lease Purchase
2-10 Program, do not exceed the total energy and operating cost savings,
2-11 as described in Subsection (e), beginning after the final date of
2-12 installation.
2-13 SECTION 2. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended,
2-18 and that this Act take effect and be in force from and after its
2-19 passage, and it is so enacted.