1-1 By: Nelson S.B. No. 1811 1-2 (In the Senate - Filed March 14, 1997; March 24, 1997, read 1-3 first time and referred to Committee on Education; April 11, 1997, 1-4 reported adversely, with favorable Committee Substitute by the 1-5 following vote: Yeas 10, Nays 0; April 11, 1997, sent to printer.) 1-6 COMMITTEE SUBSTITUTE FOR S.B. No. 1811 By: Bivins 1-7 A BILL TO BE ENTITLED 1-8 AN ACT 1-9 relating to energy conservation measures by institutions of higher 1-10 education, including the financing of such measures. 1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-12 SECTION 1. Subsections (e) and (f), Section 51.927, 1-13 Education Code, are amended to read as follows: 1-14 (e) The board may enter into a contract for a period of more 1-15 than one year for energy conservation measures with a person if the 1-16 board finds that the amount the institution would spend on the 1-17 energy conservation measures will not exceed the amount to be saved 1-18 in energy and operating costs over 10 years from the date of 1-19 installation. If the term of a contract for energy conservation 1-20 measures exceeds one year, the board's contractual obligation in 1-21 any year during the term of the contract beginning after the final 1-22 date of installation may not exceed the total energy and operating 1-23 cost savings, including but not limited to electrical, gas, or 1-24 other utility cost savings and operating cost savings resulting 1-25 from automatic monitoring and control, as determined by the board 1-26 in this subsection, divided by the number of years in the contract 1-27 term beginning after the final date of installation. The board 1-28 shall consider all costs of the energy conservation measures, 1-29 including costs of design, engineering, installation, maintenance, 1-30 repairs, and debt service. 1-31 (f) A contract for energy conservation measures may be a 1-32 lease/purchase contract, with a term not to exceed 10 years after 1-33 the final date of installation, that meets federal tax requirements 1-34 for tax-free municipal leasing or long-term financing. The Master 1-35 Equipment Lease Purchase Program operated by the Texas Public 1-36 Finance Authority may be utilized by an institution to fund a 1-37 contract for energy conservation measures so long as the costs of 1-38 the energy conservation measures, including costs of design, 1-39 engineering, installation, maintenance, repairs, and anticipated 1-40 debt service requirements of the Master Equipment Lease Purchase 1-41 Program, do not exceed the total energy and operating cost savings, 1-42 as described in Subsection (e), beginning after the final date of 1-43 installation. 1-44 SECTION 2. The importance of this legislation and the 1-45 crowded condition of the calendars in both houses create an 1-46 emergency and an imperative public necessity that the 1-47 constitutional rule requiring bills to be read on three several 1-48 days in each house be suspended, and this rule is hereby suspended, 1-49 and that this Act take effect and be in force from and after its 1-50 passage, and it is so enacted. 1-51 * * * * *