By:  Armbrister                                       S.B. No. 1318
         99S0748/1                           
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the evaluation of proposals for contracts by
 1-2     institutions of higher education for energy conservation measures.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subsection (h), Section 51.927, Education Code,
 1-5     is amended to read as follows:
 1-6           (h)  A contract under this section may be let under
 1-7     competitive sealed proposal procedures.  Notice of the request for
 1-8     proposals shall be given in the manner provided for in Chapter
 1-9     2156, Government Code.  The Texas Higher Education Coordinating
1-10     Board, in consultation with the State Energy Conservation Office
1-11     and the Texas Energy Coordination Council with regard to energy
1-12     conservation measures, shall establish guidelines and an approval
1-13     process for contracts awarded under this section.  [The State
1-14     Energy Conservation Office and the Texas Energy Coordination
1-15     Council shall review the selected proposal before a contract is
1-16     awarded.  The State Energy Conservation Office may provide a
1-17     cost-benefit analysis of the proposals and analysis of the
1-18     guaranteed savings projected by offerors and may charge a fee for
1-19     this service.]  The contract shall be awarded to the responsible
1-20     offeror whose proposal, following negotiations, is determined by
1-21     the institution to be the most advantageous to the institution
1-22     considering the guaranteed savings and other evaluation factors set
1-23     forth in the request for proposals, except that if the institution
1-24     finds that no offer is acceptable, it shall refuse all offers.
 2-1           SECTION 2.  This Act takes effect September 1, 1999.
 2-2           SECTION 3.  The importance of this legislation and the
 2-3     crowded condition of the calendars in both houses create an
 2-4     emergency and an imperative public necessity that the
 2-5     constitutional rule requiring bills to be read on three several
 2-6     days in each house be suspended, and this rule is hereby suspended.