1-1 By: Jones of Lubbock (Senate Sponsor - Armbrister) H.B. No. 2960
1-2 (In the Senate - Received from the House May 5, 1999;
1-3 May 6, 1999, read first time and referred to Committee on Natural
1-4 Resources; May 12, 1999, reported favorably by the following vote:
1-5 Yeas 6, Nays 0; May 12, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the evaluation of proposals for contracts by
1-9 institutions of higher education for energy conservation measures.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 51.927(h), Education Code, is amended to
1-12 read as follows:
1-13 (h) A contract under this section may be let under
1-14 competitive sealed proposal procedures. Notice of the request for
1-15 proposals shall be given in the manner provided for in Chapter
1-16 2156, Government Code. The Texas Higher Education Coordinating
1-17 Board, in consultation with the State Energy Conservation Office
1-18 and the Texas Energy Coordination Council with regard to energy
1-19 conservation measures, shall establish guidelines and an approval
1-20 process for contracts awarded under this section. The guidelines
1-21 must require that the cost savings projected by an offeror be
1-22 reviewed by a licensed professional engineer who is not an officer
1-23 or employee of an offeror for the contract under review or
1-24 otherwise associated with the contract. A contract is not required
1-25 to be reviewed or approved by the State Energy Conservation Office
1-26 or Texas Energy Coordination Council. [The State Energy
1-27 Conservation Office and the Texas Energy Coordination Council shall
1-28 review the selected proposal before a contract is awarded. The
1-29 State Energy Conservation Office may provide a cost-benefit
1-30 analysis of the proposals and analysis of the guaranteed savings
1-31 projected by offerors and may charge a fee for this service.] The
1-32 contract shall be awarded to the responsible offeror whose
1-33 proposal, following negotiations, is determined by the institution
1-34 to be the most advantageous to the institution considering the
1-35 guaranteed savings and other evaluation factors set forth in the
1-36 request for proposals, except that if the institution finds that no
1-37 offer is acceptable, it shall refuse all offers.
1-38 SECTION 2. This Act takes effect September 1, 1999.
1-39 SECTION 3. The importance of this legislation and the
1-40 crowded condition of the calendars in both houses create an
1-41 emergency and an imperative public necessity that the
1-42 constitutional rule requiring bills to be read on three several
1-43 days in each house be suspended, and this rule is hereby suspended.
1-44 * * * * *