By Jones of Lubbock                                   H.B. No. 2960
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                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.  Subsection (h), Section 51.927, Education Code,
 1-6     is amended to 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 State
1-15     Energy Conservation Office and the Texas Energy Coordination
1-16     Council shall review the selected proposal before a contract is
1-17     awarded.  The State Energy Conservation Office may provide a
1-18     cost-benefit analysis of the proposals and analysis of the
1-19     guaranteed savings projected by offerors and may charge a fee for
1-20     this service.]  The contract shall be awarded to the responsible
1-21     offeror whose proposal, following negotiations, is determined by
 2-1     the institution to be the most advantageous to the institution
 2-2     considering the guaranteed savings and other evaluation factors set
 2-3     forth in the request for proposals, except that if the institution
 2-4     finds that no offer is acceptable, it shall refuse all offers.
 2-5           SECTION 2.  This Act takes effect September 1, 1999.
 2-6           SECTION 3.  The importance of this legislation and the
 2-7     crowded condition of the calendars in both houses create an
 2-8     emergency and an imperative public necessity that the
 2-9     constitutional rule requiring bills to be read on three several
2-10     days in each house be suspended, and this rule is hereby suspended.