By Jones of Lubbock H.B. No. 2960
76R11929 JSA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the evaluation of proposals for contracts by
1-3 institutions of higher education for energy conservation measures.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 51.927(h), Education Code, is amended to
1-6 read as follows:
1-7 (h) A contract under this section may be let under
1-8 competitive sealed proposal procedures. Notice of the request for
1-9 proposals shall be given in the manner provided for in Chapter
1-10 2156, Government Code. The Texas Higher Education Coordinating
1-11 Board, in consultation with the State Energy Conservation Office
1-12 and the Texas Energy Coordination Council with regard to energy
1-13 conservation measures, shall establish guidelines and an approval
1-14 process for contracts awarded under this section. The guidelines
1-15 must require that the cost savings projected by an offeror be
1-16 reviewed by a licensed professional engineer who is not an officer
1-17 or employee of an offeror for the contract under review or
1-18 otherwise associated with the contract. A contract is not required
1-19 to be reviewed or approved by the State Energy Conservation Office
1-20 or Texas Energy Coordination Council. [The State Energy
1-21 Conservation Office and the Texas Energy Coordination Council shall
1-22 review the selected proposal before a contract is awarded. The
1-23 State Energy Conservation Office may provide a cost-benefit
1-24 analysis of the proposals and analysis of the guaranteed savings
2-1 projected by offerors and may charge a fee for this service.] The
2-2 contract shall be awarded to the responsible offeror whose
2-3 proposal, following negotiations, is determined by the institution
2-4 to be the most advantageous to the institution considering the
2-5 guaranteed savings and other evaluation factors set forth in the
2-6 request for proposals, except that if the institution finds that no
2-7 offer is acceptable, it shall refuse all offers.
2-8 SECTION 2. This Act takes effect September 1, 1999.
2-9 SECTION 3. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended.