SRC-JJJ, ARR S.B. 305 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 305
76R3932 SMH-DBy: Brown
Natural Resources
2/26/1999
As Filed


DIGEST 

In 1997 H.B. 3530, 75th Legislature, amended the Education Code by
authorizing the boards of trustees of school districts, the governing
boards of institutions of higher education, and the governing bodies of
state facilities to enter into performance contracts for energy
conservation measures.  The energy conservation program has not fully
supported feasible water conservation and reuse projects, because water
conservation was not included in H.B. 3530.  S.B.305  would include defined
types of water conservation measures with all other energy conservation
measures in the types of activities that school districts, institutions of
higher education, and state agencies may contract to conduct. 

PURPOSE

As proposed, S.B. 305 regulates contracts by school districts, institutions
of higher education, and state agencies for water conservation measures. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 44.901, Education Code, by adding new heading, as
follows: 

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

SECTION 2. Amends Sections 44.901(a)-(f), Education Code, to authorize the
board of trustees of a school district (board) to enter into a contract for
energy or water conservation measures to reduce energy or water consumption
of operating costs of school facilities in accordance with this section.
Provides that a contract to which this section applies includes a contract
for the installation of modifications or replacements that reduce energy or
water consumption and certain other watersaving equipment or technology.
Requires the person with whom the board contracts to be experienced in the
conservation measures addressed by the contract. Makes conforming changes. 

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

Sec. 51.927. New heading: ENERGY OR WATER CONSERVATION MEASURES. Requires
the Texas Higher Education Coordinating Board, in consultation with the
State Energy Conservation Office and the Texas Energy Council with regard
to energy conservation measures, to establish guidelines and an approval
process for contracts awarded under this section. Makes conforming changes. 

SECTION 4. Amends the heading of Section 2166.406, Government Code, by
adding a new heading, as follows: 

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

SECTION 5. Amends Sections 2166.406(a)-(h), (k), and (l), Government Code,
to require a state  agency to submit the selected proposal to the State
Energy Conservation Office and the Texas Energy Coordination Council for
review and comment before awarding a contract for energy conservation
measures. Makes conforming changes. 

SECTION 6. Effective date: September 1, 1999.

SECTION 7. Emergency clause.