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. An engineer who reviews a
1-19 contract shall maintain the confidentiality of any proprietary
1-20 information the engineer acquires while reviewing the contract. A
1-21 contract is not required to be reviewed or approved by the State
1-22 Energy Conservation Office or Texas Energy Coordination Council.
1-23 Section 19, The Texas Engineering Practice Act (Article 3271a,
1-24 Vernon's Texas Civil Statutes), applies to work performed under the
2-1 contract. [The State Energy Conservation Office and the Texas
2-2 Energy Coordination Council shall review the selected proposal
2-3 before a contract is awarded. The State Energy Conservation Office
2-4 may provide a cost-benefit analysis of the proposals and analysis
2-5 of the guaranteed savings projected by offerors and may charge a
2-6 fee for this service.] The contract shall be awarded to the
2-7 responsible offeror whose proposal, following negotiations, is
2-8 determined by the institution to be the most advantageous to the
2-9 institution considering the guaranteed savings and other evaluation
2-10 factors set forth in the request for proposals, except that if the
2-11 institution finds that no offer is acceptable, it shall refuse all
2-12 offers.
2-13 SECTION 2. This Act takes effect September 1, 1999.
2-14 SECTION 3. The importance of this legislation and the
2-15 crowded condition of the calendars in both houses create an
2-16 emergency and an imperative public necessity that the
2-17 constitutional rule requiring bills to be read on three several
2-18 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2960 was passed by the House on May
4, 1999, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 2960 on May 20, 1999, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 2960 on May 27, 1999, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2960 was passed by the Senate, with
amendments, on May 18, 1999, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 2960 on May 29, 1999,
by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor