Amend HB 3286 by adding new SECTIONS 11-13 to read as follows
and renumber the subsequent section appropriately:
      SECTION 11.  Sec. 44.901, Education Code, is amended by
adding subsection (j) to read as follows:
      (j)  Prior to entering into a contract under this section,
the board must require that the cost savings projected by an
offeror be reviewed by a licensed professional engineer who is not
an officer or employee of an offeror for the contract under review
or otherwise associated with the contract or the offeror.  An
engineer who reviews a contract shall maintain the confidentiality
of any proprietary information the engineer acquires while
reviewing the contract.  Section 19, The Texas Engineering Practice
Act (Article 3271a, Vernon's Texas Civil Statutes), applies to work
performed under the contract.
      SECTION 12.  Sec. 302.005, Local Government Code, is amended
by adding subsection (d) to read as follows:
      (d)  Prior to entering into a contract under this section,
the governing body must require that the cost savings projected by
an offeror be reviewed by a licensed professional engineer who is
not an officer or employee of an offeror for the contract under
review or otherwise associated with the contract or the offeror.
An engineer who reviews a contract shall maintain the
confidentiality of any proprietary information the engineer
acquires while reviewing the contract.  Section 19, The Texas
Engineering Practice Act (Article 3271a, Vernon's Texas Civil
Statutes), applies to work performed under the contract.
      SECTION 13.  Sec. 2166.406(i), Government Code, is amended to
read as follows:
      (i)  A contract under this section may be let under
competitive sealed proposal procedures.  Notice of the request for
proposals shall be given in the manner provided for in Chapter
2156.  The State Energy Conservation Office shall establish
guidelines and an approval process for contracts awarded under this
section.  The guidelines adopted under this subsection must require
that the cost savings projected by an offeror be reviewed by a
licensed professional engineer who is not an officer or employee of
an offeror for the contract under review or otherwise associated
with the contract.  An engineer who reviews a contract shall
maintain the confidentiality of any proprietary information the
engineer acquires while reviewing the contract.  Section 19, The
Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil
Statutes), applies to work performed under the contract <Before
awarding the contract, the state agency shall submit the selected
proposal to the State Energy Conservation Office and the Texas
Energy Coordination Council for review and comment before awarding
the contract.  The State Energy Conservation Office and the Texas
Energy Coordination Council will provide a cost benefit analysis of
the proposals and an analysis of the guaranteed savings projected
by offerors and may charge a fee for this service>.  The contract
shall be awarded to the responsible offeror whose proposal,
following negotiations, is determined to be the most advantageous
to the state agency considering the savings and other evaluation
factors set forth in the request for proposals except that if the
state agency finds that no offer is acceptable, it shall refuse all
offers.