HBA-NMO S.B. 305 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 305
By: Brown
Natural Resources
4/16/1999
Engrossed

BACKGROUND AND PURPOSE 

Current law authorizes the board of trustees of a school district, the
governing board of an institution of higher education, and the governing
body of a state agency to enter into performance contracts for energy
conservation measures.  However, the law does not specifically authorize
these entities to enter into such contracts for water conservation.  As a
result, problems have arisen in the coordination of joint water and energy
conservation projects.  H.B. 1249 authorizes the governing entity of a
school district, an institution of higher education, or a state agency to
enter into a contract for water conservation, in addition to energy
conservation, to reduce consumption or operating costs. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 44.901, Education Code as follows:

Sec.  44.901.  New title:  ENERGY OR WATER CONSERVATION MEASURES.

SECTION 2.  Amends Sections 44.901 (a)-(f), Education Code, to add water
conservation to that of energy for which a board of trustees of a school
district is authorized to enter into a contract for measures to reduce
consumption or operating costs of school facilities.  Adds contracts for
the installation of certain water conservation equipment and technologies
to those to which this section applies.  Makes conforming changes. 

SECTION 3.  Reenacts and amends Section 51.927, Education Code, as amended
by Chapter 627 and 1142, Acts of the 75th Legislature, Regular Session,
1997, as follows: 

Sec.  51.927.  New Title:  ENERGY OR WATER CONSERVATION MEASURES.  Adds
water conservation to that of energy for which the governing board of an
institution of higher education is authorized to enter into a contract for
measures to reduce consumption or operating costs of institutional
facilities.  Adds contracts for the installation of certain water
conservation equipment and technologies to those to which this section
applies.  Makes conforming changes. 

SECTION 4.  Amends Section 2166.406, Government Code, as follows:

Sec. 2166.406.  New Title:  ENERGY OR WATER CONSERVATION MEASURES.

SECTION 5.  Amends Sections 2166.406(a)-(h), (k), and (l), to add water
conservation to that of energy for which the governing body of a state
agency, without the consent of the General Services Commission,  is
authorized to enter into a contract for measures to reduce consumption or
operating costs of governmental facilities.  Adds contracts for the
installation of certain water conservation equipment and technologies to
those to which this section applies.  Makes conforming changes. 

SECTION 6.  Effective date: September 1, 1999.

SECTION 7.  Emergency clause.