78R7915 T
By: McCall H.B. No. 2425
A BILL TO BE ENTITLED
AN ACT
relating to state fiscal matters; making an appropriation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 103.051(a), Civil Practice and Remedies
Code, is amended to read as follows:
(a) To apply for compensation under this subchapter, the
claimant must file with the comptroller's judiciary [judicial]
section [of the comptroller's office]:
(1) an application for compensation provided for that
purpose by the comptroller;
(2) a verified copy of the pardon or court order
justifying the application for compensation; [and]
(3) a statement provided by the Texas Department of
Criminal Justice verifying the length of incarceration; and
(4) a certification of the claimant's actual innocence
of the crime for which the claimant was sentenced, which must be
signed by the current prosecuting attorney of the county in which
that sentence was rendered.
SECTION 2. Section 14(e), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(e) The clerk of a court that collects a fee under
Subsection (c)(2) shall remit the fee to the comptroller not later
than the last day of the month following the end of each calendar
quarter in which the fee was collected, and the comptroller shall
deposit the fee into the general revenue fund. If no fee has been
collected, no report need be filed. In requiring the payment of a
fee under Subsection (c)(2), the judge shall consider fines, fees,
and other necessary expenses for which the defendant is obligated
in establishing the amount of the fee. The judge may not:
(1) establish the fee in an amount that is greater than
25 percent of the defendant's gross income while the defendant is a
participant in residential aftercare; or
(2) require the defendant to pay the fee at any time
other than a time at which the defendant is both employed and a
participant in residential aftercare.
SECTION 3. Section 19(f), Article 42.12, Code of Criminal
Procedure, is amended to read as follows:
(f) A community corrections and supervision department
shall remit fees collected under Subsection (e) [of this section]
to the comptroller not later than the last day of the month
following the end of each calendar quarter in which the fee was
collected. The comptroller shall deposit the fee in the special
revenue fund to the credit of the sexual assault program
established under Section 44.0061, Health and Safety Code. If no
fee has been collected, no report need be filed.
SECTION 4. Subchapter Z, Chapter 44, Education Code, is
amended by adding Section 44.9011 to read as follows:
Sec. 44.9011. ENERGY SAVINGS PERFORMANCE CONTRACTS. (a)
In this section, "energy savings performance contract" means a
contract for energy or water conservation measures to reduce energy
or water consumption or operating costs of school facilities in
which the estimated savings in utility costs resulting from the
measures is guaranteed to offset their cost over a specified time
period. The term includes a contract for the installation or
implementation of:
(1) insulation of a building structure and systems
within the building;
(2) storm windows or doors, caulking or weather
stripping, multiglazed windows or doors, heat absorbing or heat
reflective glazed and coated window or door systems, or other
window or door system modifications that reduce energy consumption;
(3) automatic energy control systems, including
computer software and technical data licenses;
(4) heating, ventilating, or air conditioning system
modifications or replacements that reduce energy or water
consumption;
(5) lighting fixtures that increase energy
efficiency;
(6) energy recovery systems;
(7) electric systems improvements;
(8) water-conserving fixtures, appliances, and
equipment or the substitution of non-water-using fixtures,
appliances, and equipment;
(9) water-conserving landscape irrigation equipment;
(10) landscaping measures that reduce watering
demands and capture and hold applied water and rainfall, including:
(A) landscape contouring, including the use of
berms, swales, and terraces; and
(B) the use of soil amendments that increase the
water-holding capacity of the soil, including compost;
(11) rainwater harvesting equipment and equipment to
make use of water collected as part of a storm-water system
installed for water quality control;
(12) equipment for recycling or reuse of water
originating on the premises or from other sources, including
treated municipal effluent;
(13) equipment needed to capture water from
nonconventional, alternate sources, including air conditioning
condensate or graywater, for nonpotable uses;
(14) metering equipment needed to segregate water use
in order to identify water conservation opportunities or verify
water savings; or
(15) other energy or water conservation-related
improvements or equipment, including improvements or equipment
relating to renewable energy or nonconventional water sources or
water reuse.
(b) The board of trustees of a school district may enter
into an energy savings performance contract in accordance with this
section.
(c) Each energy or water conservation measure must comply
with current local, state, and federal construction, plumbing, and
environmental codes and regulations. Notwithstanding Subsection
(a), an energy savings performance contract may not include
improvements or equipment that allow or cause water from any
condensing, cooling, or industrial process or any system of
nonpotable usage over which public water supply system officials do
not have sanitary control, to be returned to the potable water
supply.
(d) The board of trustees of a school district may enter
into an energy savings performance contract only with a person who
is experienced in the design, implementation, and installation of
the energy or water conservation measures addressed by the
contract.
(e) Before entering into an energy savings performance
contract, the board of trustees of a school district must require
the provider of the energy or water conservation measures to file
with the board a payment and performance bond relating to the
installation of the measures in accordance with Chapter 2253,
Government Code. The board also may require a separate bond to
cover the value of the guaranteed savings on the contract.
(f) An energy savings performance contract may be financed:
(1) under a lease-purchase contract that has a term
not to exceed 15 years from the final date of installation and that
meets federal tax requirements for tax-free municipal leasing or
long-term financing;
(2) with the proceeds of bonds; or
(3) under a contract with the provider of the energy or
water conservation measures that has a term not to exceed 15 years
from the final date of installation.
(g) An energy savings performance contract must require the
provider of the energy or water conservation measures to guarantee
the amount of savings to be realized by the school district under
the contract. If the term of the contract exceeds one year, then
the school district's contractual obligations in any one year
during the term of the contract beginning after the final date of
installation may not exceed the total energy, water, wastewater,
and operating cost savings, including electrical, gas, water,
wastewater, or other utility cost savings and operating cost
savings resulting from the measures as determined by the school
district in this subsection, divided by the number of years in the
contract term.
(h) An energy savings performance contract must be let
according to the procedures established for professional services
by Section 2254.004, Government Code. Notice of the request for
qualifications shall be published in the manner provided for
competitive bidding.
(i) Before entering into an energy savings performance
contract, the board of trustees of a school district must require
that the cost savings projected by an offeror be reviewed by a
licensed 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. Sections 1001.053
and 1001.407, Occupations Code, apply to work performed under the
contract.
SECTION 5. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.9271 to read as follows:
Sec. 51.9271. ENERGY SAVINGS PERFORMANCE CONTRACTS. (a)
In this section, "energy savings performance contract" means a
contract for energy or water conservation measures to reduce energy
or water consumption or operating costs of institutional facilities
in which the estimated savings in utility costs resulting from the
measures is guaranteed to offset their cost over a specified time
period. The term includes a contract for the installation or
implementation of:
(1) insulation of a building structure and systems
within the building;
(2) storm windows or doors, caulking or weather
stripping, multiglazed windows or doors, heat absorbing or heat
reflective glazed and coated window or door systems, or other
window or door system modifications that reduce energy consumption;
(3) automatic energy control systems, including
computer software and technical data licenses;
(4) heating, ventilating, or air conditioning system
modifications or replacements that reduce energy or water
consumption;
(5) lighting fixtures that increase energy
efficiency;
(6) energy recovery systems;
(7) electric systems improvements;
(8) water-conserving fixtures, appliances, and
equipment or the substitution of non-water-using fixtures,
appliances, and equipment;
(9) water-conserving landscape irrigation equipment;
(10) landscaping measures that reduce watering
demands and capture and hold applied water and rainfall, including:
(A) landscape contouring, including the use of
berms, swales, and terraces; and
(B) the use of soil amendments that increase the
water-holding capacity of the soil, including compost;
(11) rainwater harvesting equipment and equipment to
make use of water collected as part of a storm-water system
installed for water quality control;
(12) equipment for recycling or reuse of water
originating on the premises or from other sources, including
treated municipal effluent;
(13) equipment needed to capture water from
nonconventional, alternate sources, including air conditioning
condensate or graywater, for nonpotable uses;
(14) metering equipment needed to segregate water use
in order to identify water conservation opportunities or verify
water savings; or
(15) other energy or water conservation-related
improvements or equipment, including improvements or equipment
related to renewable energy or nonconventional water sources or
water reuse.
(b) The governing board of an institution of higher
education may enter into an energy savings performance contract in
accordance with this section.
(c) Each energy or water conservation measure must comply
with current local, state, and federal construction, plumbing, and
environmental codes and regulations. Notwithstanding Subsection
(a), an energy savings performance contract may not include
improvements or equipment that allow or cause water from any
condensing, cooling, or industrial process or any system of
nonpotable usage over which public water supply system officials do
not have sanitary control, to be returned to the potable water
supply.
(d) The governing board of an institution of higher
education may enter into an energy savings performance contract
only with a person who is experienced in the design,
implementation, and installation of the energy or water
conservation measures addressed by the contract.
(e) Before entering into an energy savings performance
contract, the governing board of an institution of higher education
must require the provider of the energy or water conservation
measures to file with the board a payment and performance bond in
accordance with Chapter 2253, Government Code. The board also may
require a separate bond to cover the value of the guaranteed savings
on the contract.
(f) The governing board of an institution of higher
education may enter into an energy savings performance contract for
a period of more than one year only if the board finds that the
amount the institution would spend on the energy or water
conservation measures will not exceed the amount to be saved in
energy, water, wastewater, and operating costs over 15 years from
the date of installation. If the term of the contract exceeds one
year, then the institution's contractual obligations in any year
during the term of the contract beginning after the final date of
installation may not exceed the total energy, water, wastewater,
and operating cost savings, including electrical, gas, water,
wastewater, or other utility cost savings and operating cost
savings resulting from the measures, as determined by the board in
this subsection, divided by the number of years in the contract term
beginning after the final date of installation. The board shall
consider all costs of the energy or water conservation measures,
including costs of design, engineering, installation, maintenance,
repairs, and debt service.
(g) An energy savings performance contract may be financed:
(1) under a lease-purchase contract that has a term
not to exceed 15 years from the final date of installation and that
meets federal tax requirements for tax-free municipal leasing or
long-term financing, including a lease-purchase contract under the
master equipment lease purchase program administered by the Texas
Public Finance Authority under Chapter 1232;
(2) with the proceeds of bonds; or
(3) under a contract with the provider of the energy or
water conservation measures that has a term not to exceed 15 years
from the final date of installation.
(h) An energy savings performance contract must require the
provider of the energy or water conservation measures to guarantee
the amount of the savings to be realized by the institution of
higher education under the contract.
(i) An energy savings performance contract must be let
according to the procedures established for professional services
by Section 2254.004, Government Code. Notice of the request for
qualifications shall be given in the manner provided by Section
2156.002, Government Code. The Texas Higher Education Coordinating
Board, in consultation with the state energy conservation office
with regard to energy and water conservation measures, shall
establish guidelines and an approval process for awarding energy
savings performance contracts. The guidelines must require that
the cost savings projected by an offeror be reviewed by a licensed
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. A contract is not required
to be reviewed or approved by the state energy conservation office.
Sections 1001.053 and 1001.407, Occupations Code, apply to work
performed under the contract.
(j) The legislature shall base an institution's
appropriation for energy, water, and wastewater costs during a
fiscal year on the sum of:
(1) the institution's estimated energy, water, and
wastewater costs for that fiscal year; and
(2) if an energy savings performance contract is in
effect, the institution's estimated net savings resulting from the
contract during the contract term, divided by the number of years in
the contract term.
SECTION 6. Section 403.020, Government Code, is amended to
read as follows:
Sec. 403.020. PERFORMANCE REVIEW OF SCHOOL DISTRICTS AND
INSTITUTIONS OF HIGHER EDUCATION. (a) The comptroller may
periodically review the effectiveness and efficiency of the budget
[budgets] and operations of a school district [districts] or an
institution of higher education.
(b) By a majority vote of its members, the board of trustees
[A review] of a school district or the governing board of an
institution of higher education may request [be initiated by] the
comptroller [or by the request of] to review the [school] district
or institution. The comptroller may review the district or
institution without receiving a request for the review. [A review
may be initiated by a school district only by resolution adopted by
a majority of the members of the board of trustees of the district.]
(c) [(b)] The comptroller may require a [If a review is
initiated by the school district, the] school district or an
institution of higher education to [shall] pay a maximum of 25
percent of the cost incurred in conducting a [the] review under this
section if the district or institution requested the review.
(d) [(c)] The comptroller shall:
(1) prepare a report showing the results of each
review conducted under this section;
(2) file the report with:
(A) the commissioner of education, if a school
district was reviewed; or
(B) the commissioner of higher education, if an
institution of higher education was reviewed;
(3) [(2)] file the report with the [school] district
or institution reviewed, the governor, the lieutenant governor, the
speaker of the house of representatives, and the chairs of the
standing committees of the senate and of the house of
representatives with jurisdiction over public education[, and the
commissioner of education]; and
(4) [(3)] make the entire report and a summary of the
report available to the public on the Internet.
(e) In this section, "governing board" and "institution of
higher education" have the meanings assigned by Section 61.003,
Education Code.
SECTION 7. Section 403.027(g), Government Code, is amended
to read as follows:
(g) In this section, "digital signature" means an
electronic identifier intended by the person using it to have the
same force and effect as the use of a manual signature [has the
meaning assigned by Section 2.108(d), Business & Commerce Code].
SECTION 8. Section 403.054, Government Code, is amended by
amending Subsection (b) and adding Subsection (i) to read as
follows:
(b) The comptroller may not issue a replacement warrant if:
(1) the comptroller has paid the original warrant,
unless the comptroller:
(A) has received [obtained] a refund of the
payment; or
(B) is satisfied that the state agency on whose
behalf the original warrant was issued has taken reasonable steps
to obtain a refund of the payment;
(2) the period during which the comptroller may pay
the original warrant has expired under Section 404.046 or other
applicable law;
(3) the payee of the replacement warrant is not the
same as the payee of the original warrant; or
(4) a payment law prohibits the comptroller [is
prohibited by Section 403.055 or 481.0841, or by Section 57.48,
Education Code,] from issuing a warrant to the payee of the
replacement warrant.
(i) In this section, "payment law" means:
(1) Section 403.055;
(2) Section 57.48, Education Code;
(3) Section 231.007, Family Code; or
(4) any similar law that prohibits the comptroller
from issuing a warrant or initiating an electronic funds transfer
to a person.
SECTION 9. Subsections (a) and (b), Section 403.092,
Government Code, are amended to read as follows:
(a) To allow efficient management of the cash flow of the
general revenue fund and to avoid a temporary cash deficiency in
that fund, the comptroller may transfer available [surplus] cash,
except constitutionally dedicated revenues, between funds that are
managed by or in the custody of the comptroller [state treasury].
As soon as practicable, the comptroller shall return the available
[surplus] cash to the fund from which it was transferred. The
comptroller shall preserve the [fund] equity of the fund from which
the cash was transferred and [shall] allocate earned [the
depository] interest as if the transfer had not been made.
(b) If the comptroller submits a statement under Article
III, Section 49a, of the Texas Constitution when available
[surplus] cash transferred under Subsection (a) is in the general
revenue fund, the comptroller shall indicate in that statement that
the transferred available [surplus] cash is in the general revenue
fund, is a liability of that fund, and is not available for
appropriation by the legislature.
SECTION 10. Section 404.024, Government Code, is amended by
amending Subsection (b) and adding Subsection (l) to read as
follows:
(b) State funds not deposited in state depositories shall be
invested by the comptroller in:
(1) direct security repurchase agreements;
(2) reverse security repurchase agreements;
(3) direct obligations of or obligations the principal
and interest of which are guaranteed by the United States;
(4) direct obligations of or obligations guaranteed by
agencies or instrumentalities of the United States government;
(5) bankers' acceptances that:
(A) are eligible for purchase by the Federal
Reserve System;
(B) do not exceed 270 days to maturity; and
(C) are issued by a bank that has received the
highest short-term credit rating by a nationally recognized
investment rating firm;
(6) commercial paper that:
(A) does not exceed 270 days to maturity; and
(B) except as provided by Subsection (i), has
received the highest short-term credit rating by a nationally
recognized investment rating firm;
(7) contracts written by the treasury in which the
treasury grants the purchaser the right to purchase securities in
the treasury's marketable securities portfolio at a specified price
over a specified period and for which the treasury is paid a fee and
specifically prohibits naked-option or uncovered option trading;
(8) direct obligations of or obligations guaranteed by
the Inter-American Development Bank, the International Bank for
Reconstruction and Development (the World Bank), the African
Development Bank, the Asian Development Bank, and the International
Finance Corporation that have received the highest credit rating by
a nationally recognized investment rating firm;
(9) bonds issued, assumed, or guaranteed by the State
of Israel;
(10) obligations of a state or an agency, county,
city, or other political subdivision of a state;
(11) mutual funds secured by obligations that are
described by Subdivisions (1) through (6), including pooled funds
established by the Texas Treasury Safekeeping Trust Company and
operated like a mutual fund and whose portfolios consist only of
dollar-denominated securities; and
(12) foreign currency for the sole purpose of
facilitating investment by state agencies that have the authority
to invest in foreign securities.
(l) The comptroller may lend securities under procedures
established by the comptroller. The procedures must be consistent
with industry practice and must include a requirement to fully
secure the loan with cash, obligations, or a combination of cash and
obligations. In this subsection, "obligation" means an item
described in Subsection (b)(1)-(6).
SECTION 11. Section 404.102, Government Code, is amended to
read as follows:
Sec. 404.102. CREATION OF TRUST COMPANY. (a) The
comptroller may incorporate a special purpose trust company called
the Texas Treasury Safekeeping Trust Company. The purposes of the
trust company are to provide a means for the comptroller to obtain
direct access to services provided by the Federal Reserve System
and to enable the comptroller to manage, disburse, transfer,
safekeep, and invest funds and securities more efficiently and
economically by utilizing established and reasonable financial
practices, including the pooling of funds and the lending of
securities to the extent practical or necessary. The comptroller
may deposit funds and securities with the trust company to achieve
its purpose.
(b) The trust company may establish government investment
pools, consisting of state agency funds not required to be
deposited in the state treasury and local government funds that are
placed into the pools for investment or reinvestment by the trust
company. A state agency or local government may place funds into
the pools for investment or reinvestment as authorized by
Subsection (a) or other law. In this subsection, "local
government" and "state agency" have the meanings assigned by
Section 2256.002.
(c) The trust company is a special-purpose trust company
with necessary and implied powers to accomplish its purpose and is
subject to regulation only as provided by this subchapter. The
trust company may not engage in commercial banking activity.
SECTION 12. Section 404.123(b), Government Code, is amended
to read as follows:
(b) The committee may impose a limit on the sum of:
(1) the total amount of the notes outstanding; and
(2) the total outstanding liability of the general
revenue fund under Section 403.092 [may not at any time exceed 25
percent of the taxes and revenues to be credited to the general
revenue fund for the fiscal year as determined by the comptroller,
based on the certification made by the comptroller in the enactment
of the General Appropriations Act applicable to that fiscal year].
SECTION 13. Chapter 447, Government Code, as amended by
Chapters 573, 1158, and 1398, 77th Legislature, Regular Session,
2001, is reenacted to read as follows:
CHAPTER 447. STATE ENERGY CONSERVATION OFFICE.
Sec. 447.001. GOVERNANCE AND GENERAL AUTHORITY. The state
energy conservation office:
(1) is under the direction and control of the
comptroller;
(2) shall promote the policies enumerated in this
chapter; and
(3) may act in any capacity authorized by state or
federal law.
Sec. 447.002. INFORMATION; PROCEDURES AND RULES; MEASURES
AND PROGRAMS. (a) The state energy conservation office shall
develop and provide energy and water conservation information for
the state.
(b) The state energy conservation office may establish
procedures and adopt rules relating to the development and
implementation of energy and water conservation measures and
programs applicable to state buildings and facilities.
(c) A procedure established or a rule adopted under
Subsection (b) may include provisions relating to:
(1) the retrofitting of existing state buildings and
facilities with energy-saving or water-saving devices; and
(2) the energy or water-related renovation of those
buildings and facilities.
(d) To the extent that the governor receives money
appropriated for energy efficiency programs, the governor, through
the state energy conservation office, shall implement programs that
the state energy conservation office identifies as encouraging
energy or water conservation by state government.
(e) A state agency shall implement an energy conservation
measure or program in accordance with plans developed under Section
447.009.
(f) The state energy conservation office shall coordinate
all water conservation-related activities with the Texas Water
Development Board. The board shall assist the office in the
development of all proposed water conservation and reuse
requirements and provide training and expertise to the office
regarding water conservation issues.
Sec. 447.003. LIAISON TO FEDERAL GOVERNMENT. The state
energy conservation office is the state liaison to the federal
government for the implementation and administration of federal
programs relating to state agency energy matters. The office shall
administer state programs established under:
(1) Part D, Title III, Energy Policy and Conservation
Act (42 U.S.C. 6321 et seq.), and its subsequent amendments;
(2) Part G, Title III, Energy Policy and Conservation
Act (42 U.S.C. 6371 et seq.), and its subsequent amendments; and
(3) other federal energy conservation programs as
assigned to the office by the governor or the legislature.
Sec. 447.004. DESIGN STANDARDS. (a) The state energy
conservation office shall establish and publish mandatory energy
and water conservation design standards for each new state building
or major renovation project, including a new building or major
renovation project of a state-supported institution of higher
education. The office shall define "major renovation project" for
purposes of this section and shall review and update the standards
biennially.
(b) The standards established under Subsection (a) must:
(1) include performance and procedural standards for
the maximum energy and water conservation allowed by the latest and
most cost-effective technology that is consistent with the
requirements of public health, safety, and economic resources;
(2) be stated in terms of energy and water consumption
levels;
(3) consider the various types of building uses; and
(4) allow for design flexibility.
(c) Any procedural standard established under this section
must be directed toward specific design and building practices that
produce good thermal resistance and low infiltration and toward
requiring practices in the design of mechanical and electrical
systems that maximize energy and water efficiency. The procedural
standards must address, as applicable:
(1) insulation;
(2) lighting;
(3) ventilation;
(4) climate control;
(5) water-conserving fixtures, appliances, and
equipment or the substitution of non-water-using fixtures,
appliances, and equipment;
(6) water-conserving landscape irrigation equipment;
(7) landscaping measures that reduce watering demands
and capture and hold applied water and rainfall, including:
(A) landscape contouring, including the use of
berms, swales, and terraces; and
(B) the use of soil amendments that increase the
water-holding capacity of the soil, including compost;
(8) rainwater harvesting equipment and equipment to
make use of water collected as part of a storm-water system
installed for water quality control;
(9) equipment for recycling or reusing water
originating on the premises or from other sources, including
treated municipal effluent;
(10) equipment needed to capture water from
nonconventional, alternate sources, including air conditioning
condensate or graywater, for nonpotable uses;
(11) metering equipment needed to segregate water use
in order to identify water conservation opportunities or verify
water savings;
(12) special energy requirements of health-related
facilities of higher education and state agencies; and
(13) any other item that the state energy conservation
office considers appropriate.
(d) A state agency or an institution of higher education
shall submit a copy of its design and construction manuals to the
state energy conservation office as the office considers necessary
to demonstrate compliance by the agency or institution with the
standards established under this section.
(e) A state agency or an institution of higher education may
not begin construction of a new state building or a major renovation
project before the design architect or engineer for the
construction or renovation has:
(1) certified to the agency or institution that the
construction or renovation complies with the standards established
under this section; and
(2) provided a copy of that certification to the state
energy conservation office.
Sec. 447.005. ENERGY AND WATER EFFICIENCY PROJECTS.
Subject to applicable state and federal laws or guidelines, the
state energy conservation office may:
(1) implement an energy or water efficiency project at
a state agency; or
(2) assist the agency in implementing the project
through an energy or water efficiency program.
Sec. 447.006. ADDITIONAL ENERGY AND WATER SERVICES. (a)
The state energy conservation office may provide additional energy
and water services, including:
(1) training of designated state employees in energy
and water management, energy-accounting techniques,
water-accounting techniques, and energy efficient and water
efficient design and construction;
(2) technical assistance regarding energy efficient
and water efficient capital improvements, energy efficient and
water efficient building design, and cogeneration and thermal
storage investments;
(3) technical assistance to the state auditor or a
state agency regarding energy and water management performance
audits and the monitoring of utility bills to detect billing
errors;
(4) technical assistance to a state agency regarding
third-party financing of an energy efficient and water efficient
capital improvement project; and
(5) other energy-related and water-related assistance
that the office considers appropriate, if the assistance is
requested by a state agency, an institution of higher education, a
consortium of institutions of higher education, or another
governmental entity created by state law.
(b) Using available state, federal, or oil overcharge
funds, the state energy conservation office may provide technical
assistance to a state agency or an institution of higher education
in analyzing or negotiating rates for electricity or natural gas
supplies from a locally certificated electric supplier, a natural
gas supplier, or a state-owned energy resource, including a
transportation charge for natural gas.
(c) A state agency or an institution of higher education may
request the assistance of the state energy conservation office
before negotiating or contracting for the supply or transportation
of natural gas or electricity.
(d) A state agency or an institution of higher education
with expertise in rate analysis, negotiation, or any other matter
related to the procurement of electricity and natural gas supplies
from a locally certificated electric supplier, a natural gas
supplier, or a state-owned energy resource may assist the state
energy conservation office whenever practicable. The attorney
general on request shall assist the office and other state agencies
and institutions of higher education in negotiating rates for
electricity and other terms of electric utility service.
(e) Using available funds from any source, the state energy
conservation office may assist a state agency, an institution of
higher education, a consortium of institutions of higher education,
or another governmental entity created by state law to further the
goals and pursue the policies of the state in energy research as may
be determined by the governor or the legislature. The office may
assist a state agency in implementing current federal energy
policy.
(f) The state energy conservation office on request may
negotiate rates for electricity and other terms of electric utility
service for a state agency or an institution of higher education.
The office also may negotiate the rates and the other terms of
service for a group of agencies or institutions in a single
contract.
(g) The state energy conservation office may analyze the
rates for electricity charged to and the amount of electricity used
by state agencies and institutions of higher education to determine
ways the state could obtain lower rates and use less electricity.
Each state agency, including the Public Utility Commission of
Texas, and institution of higher education shall assist the office
in obtaining the information the office needs to perform its
analysis.
Sec. 447.007. ENERGY AND WATER AUDITS. (a) The state energy
conservation office may audit a state-owned building used by a
state agency to assist the agency in reducing energy and water
consumption and costs through improved energy and water efficiency.
(b) Based on any audit performed under Subsection (a), the
state energy conservation office may recommend changes to improve
energy and water efficiency.
(c) Each state agency or institution of higher education
shall review and audit utility billings and contracts to detect
billing errors. Any contract with a private person to conduct the
review or audit must comply with all applicable provisions of
Subchapter A, Chapter 2254, regarding professional services
contracts. The contract may not be awarded on a contingent fee
basis unless the governor determines that the contract is
necessary, reasonable, and prudent.
Sec. 447.008. ENERGY SAVING AND WATER SAVING DEVICES OR
MEASURES. (a) On approval by the state energy conservation office,
a state agency that reduces its energy or water expenses may use any
funds saved by the agency from appropriated utility funds for the
purchase of an energy-saving or water-saving device or measure.
For purposes of this section, "energy-saving or water-saving device
or measure" means a device or measure that directly reduces:
(1) energy or water costs; or
(2) the energy or water consumption of equipment,
including a lighting, heating, ventilation, air conditioning
system, or other water using system, without materially altering
the quality of the equipment.
(b) A state agency, in accordance with the recommendations
of an energy or water audit, may purchase energy-saving and
water-saving devices or measures from appropriated utility funds if
the savings in utility funds projected by the audit will offset the
purchase. The agency shall retain in its files a copy of the
recommendation and repayment schedule as evidence of the projected
savings.
Sec. 447.009. ENERGY AND WATER MANAGEMENT PLANNING. (a)
The state energy conservation office shall provide energy and water
management planning assistance to a state agency or an institution
of higher education, including:
(1) preparation by the agency or institution of a
long-range plan for the delivery of reliable, cost-effective
utility services for the state agency or institution;
(2) assistance to the Department of Public Safety for
energy emergency contingency planning, using state or federal funds
when available;
(3) assistance to each state agency or institution of
higher education in preparing comprehensive energy and water
management plans; and
(4) assistance to state agencies other than
institutions of higher education in meeting the requirements of
Section 447.002, including assistance in scheduling and assigning
priorities to implementation plans to ensure that state agencies
adopt qualified cost-effective efficiency measures and programs
for all state facilities not later than September 1, 2006.
(b) A state agency or an institution of higher education
shall develop the plan described in Subsection (a)(1) and submit
the plan to the state energy conservation office upon request. The
agency or institution shall use the plan in preparing its five-year
construction and major renovation plans. After other energy-saving
or water-saving alternatives are considered, district heating and
cooling or on-site generation of electricity may be considered in
planning for reliable, efficient, and cost-effective utility
services.
(c) The state energy conservation office shall prepare
guidelines for preparation of the plan described in Subsection
(a)(3). A state agency or an institution of higher education that
occupies a state-owned building shall prepare and implement a
five-year energy and water management plan and shall submit that
plan to the office upon request. The agency or institution shall
update its plan biennially. A state agency or an institution of
higher education that occupies a building not owned by the state
shall cooperate with the office in addressing the energy or water
management of that building.
(d) The comprehensive energy and water management plan
described in Subsection (a)(3) shall be included in the five-year
construction and major repair and rehabilitation plans for
institutions of higher education as required by Section 61.0651,
Education Code.
SECTION 14. Section 659.253, Government Code, is amended to
read as follows:
Sec. 659.253. TRANSFER WITHIN AGENCY FROM EXEMPT TO
CLASSIFIED POSITION. (a) Except as provided in Subsection (b), a
[A] state employee who transfers [moves] within a state agency from
[a] an exempt position [exempt from the state's position
classification plan] to a classified position is entitled to [will]
receive an annual salary in the [proper] salary group to which the
classified position is allocated.
(b) During the fiscal biennium in which a state employee
transfers within a state agency from an exempt position to a
classified position, the employee's annual salary rate after the
transfer may not [to] exceed:
(1) the rate for the salary step equal to the rate
received by the employee when holding the [employee's current]
exempt position [salary] or the rate for the next higher salary
step, if the classified position is allocated to [moving to a
position in] a salary group that is divided into steps; or
(2) the rate received by the employee when holding the
[employee's current] exempt position [salary] or the maximum rate
of the [new] salary group to which the classified position is
allocated, whichever is lower, if the classified position is
allocated to [moving to a position in] a salary group that is not
divided into steps.
[(b) Except as provided by this section, a state agency that
at any time during a state fiscal biennium pays a state employee an
exempt salary specifically established in the General
Appropriations Act may not subsequently during the state fiscal
biennium pay the employee a greater salary under Salary Schedule A,
B, or C of the General Appropriations Act.]
(c) A merit salary increase for [state agency that pays] a
state employee who transfers to a classified position from an
exempt position for which the [an exempt] salary is specifically
established in the General Appropriations Act [and that then
transfers the employee to a position in which the employee is paid
under Salary Schedule A, B, or C of the General Appropriations Act]
may not take effect if:
(1) the employee has spent [grant a merit salary
increase to the employee until at least] less than six months in the
classified position [after the date that the agency begins to pay
the employee under Salary Schedule A, B, or C of the General
Appropriations Act]; or
(2) the increase would cause the salary limitation
specified in Subsection (b) to be exceeded.
(d) The Legislative Budget Board and the governor together
may approve an exception to the salary limitation specified in
[limitations prescribed by] Subsection (b) [this section] for a
state employee:
(1) on receiving the employing state agency's
application for the exception; and
(2) if the employee's job responsibilities with the
[state] agency have changed substantially during the [state fiscal]
biennium.
(e) In this section:
(1) "Classified position" means a position classified
under the state's position classification plan.
(2) "Exempt position" means a position exempt from the
state's position classification plan.
SECTION 15. (a) Subchapter K, Chapter 659, Government Code,
is amended by adding Section 659.2531 to read as follows:
Sec. 659.2531. TRANSFER WITHIN AGENCY AMONG CLASSIFIED
POSITIONS ALLOCATED TO SAME SALARY GROUP. (a) In this section:
(1) "Classified position" means a position classified
under the state's position classification plan.
(2) "Transfer" means the transfer of a state employee
within a state agency between two classified positions that:
(A) are allocated to the same salary group; and
(B) have different position titles as listed in
the General Appropriations Act.
(b) Except as provided in Subsection (c), a state employee's
annual salary rate immediately after a transfer may not exceed:
(1) the rate for the salary step that is one step
higher than the salary step at which the employee was paid
immediately before the transfer, if the classified position to
which the employee transfers is allocated to a salary group that is
divided into steps; or
(2) 103.4 percent of the employee's annual salary rate
immediately before the transfer, if the classified position to
which the employee transfers is allocated to a salary group that is
not divided into steps.
(c) A state employee's annual salary rate immediately after
a transfer may not exceed the maximum rate of the appropriate salary
group.
(b) The changes in law made by Subsection (a) of this
section apply only to a transfer that takes effect on or after the
effective date of that subsection. A transfer that takes effect
before the effective date of that subsection is governed by the law
in effect on the effective date of the transfer, and the prior law
is continued in effect for that purpose. In this subsection:
(1) "Classified position" has the meaning assigned by
Section 659.2531, Government Code, as added by Subsection (a) of
this section.
(2) "State agency" has the meaning assigned by Section
659.252, Government Code.
(3) "Transfer" has the meaning assigned by Section
659.2531, Government Code, as added by Subsection (a) of this
section.
SECTION 16. (a) Section 659.255, Government Code, is
amended to read as follows:
Sec. 659.255. MERIT SALARY INCREASES; ONE-TIME MERIT
PAYMENTS. (a) In this [This] section:
(1) "Classified employee" means a state employee who
holds a classified position.
(2) "Classified position" means [applies only to] a
position [positions] classified under the state's position
classification plan.
(3) "Merit salary increase" means an increase in
compensation to:
(A) a higher step rate in the same classified
salary group, if the compensation is determined under Salary
Schedule A of the General Appropriations Act; or
(B) a higher rate within the range of the same
classified salary group, if the compensation is determined under
Salary Schedule B of the General Appropriations Act.
(b) [A state agency administrator may grant merit salary
increases including one-time merit payments to employees
compensated under Salary Schedules A and B of the General
Appropriations Act whose job performance and productivity are
consistently above that normally expected or required. For
classified employees compensated under Salary Schedule A of the
General Appropriations Act, a merit increase involves an increase
in an employee's salary to a higher step rate in the same salary
group. For classified employees compensated under Salary Schedule
B of the General Appropriations Act, a merit increase involves an
increase in an employee's salary to a higher rate within the range
of the same salary group. Merit increases including one-time merit
payments are subject to the restrictions prescribed by Subsections
(c)-(e).]
[(c)] The comptroller shall prescribe accounting and
reporting procedures as necessary to ensure the availability of
information reflecting each state agency's use of merit salary
increases[, including] and one-time merit payments.
(c) Each state agency shall establish:
(1) criteria for determining the eligibility of a
classified employee to receive a merit salary increase or a
one-time merit payment from the agency; and
(2) requirements for substantiating the eligibility
of each classified employee who receives a merit salary increase or
one-time merit payment from the agency.
(d) Merit salary increases and [including] one-time merit
payments shall be applied throughout the range of classified salary
groups used by each state agency.
(e) A state agency may award a merit salary increase to a
state employee with respect to a particular classified position
held by the employee if [For an employee to be eligible for a merit
salary increase or a one-time merit payment, the following
additional criteria must be met]:
(1) the employee's job performance and productivity in
that position are consistently above that normally expected or
required;
(2) [(1)] the employee has [must have] been employed
by the [state] agency in that position for at least six continuous
months before [prior to] the effective date [award] of the increase
[or payment];
(3) [(2)] the effective date of the increase is at
least six months [must have elapsed since] after the effective date
of the employee's last promotion[, enhanced compensation award
authorized by the General Appropriations Act, one-time merit
payment,] or merit salary increase relating to that position [at
the agency];
(4) the effective date of the increase is at least six
months after the date of the agency's last payment to the employee
of an enhanced compensation award authorized by the General
Appropriations Act or a one-time merit payment relating to that
position; and
(5) [(3)] the agency has complied with Subsection (c)
[agency criteria for granting merit salary increases or one-time
merit payments must include specific criteria and documentation to
substantiate the granting of a merit increase or one-time merit
payment].
(f) A state agency may make a one-time merit payment to a
state employee with respect to a particular classified position
held by the employee if:
(1) the employee's job performance and productivity in
that position are consistently above that normally expected or
required;
(2) the employee has been employed by the agency in
that position for at least six continuous months before the date of
the payment;
(3) the date of the payment is at least six months
after the effective date of the employee's last promotion or merit
salary increase relating to that position;
(4) the date of the payment is at least six months
after the date of the agency's last payment to the employee of an
enhanced compensation award authorized by the General
Appropriations Act or a one-time merit payment relating to that
position; and
(5) the agency has complied with Subsection (c).
(b) The changes in law made by Subsection (a) of this
section apply only to a merit salary increase that takes effect on
or after the effective date of that subsection. A merit salary
increase that takes effect before the effective date of that
subsection is governed by the law in effect on the date the increase
takes effect, and the prior law is continued in effect for that
purpose. In this subsection, "merit salary increase" has the
meaning assigned by Section 659.255, Government Code, as amended by
Subsection (a) of this section.
(c) The changes in law made by Subsection (a) of this
section apply only to a one-time merit payment that is made on or
after the effective date of that subsection. A one-time merit
payment that is made before the effective date of that subsection is
governed by the law in effect on the date the payment is made, and
the prior law is continued in effect for that purpose.
SECTION 17. Subchapter K, Chapter 659, Government Code, is
amended by adding Section 659.262 to read as follows:
Sec. 659.262. ADMINISTRATION. The comptroller may
establish procedures and adopt rules to administer this subchapter.
SECTION 18. Section 832.002, Government Code, is amended to
read as follows:
Sec. 832.002. MEMBERSHIP FEE. (a) Each member of the
retirement system annually shall pay the system a membership fee of
$10. A contributing member shall pay the fee with the member's
first contribution to the retirement system in each fiscal year in
the manner provided by Section 835.101 for payment of the member's
contribution to the retirement system.
(b) If the membership fee is not paid with the member's
first contribution of the year to the retirement system, the board
of trustees may deduct the amount of the fee from that contribution
or from any benefit to which the member becomes entitled.
SECTION 19. Subsections (a) and (b), Section 2101.0115,
Government Code, are amended to read as follows:
(a) A state agency shall submit an annual report to:
(1) the governor;
(2) [the comptroller;]
[(3)] the Legislative Reference Library;
(3) [(4)] the state auditor; and
(4) [(5)] the Legislative Budget Board.
(b) A state agency's annual report must cover an entire
fiscal year. The agency shall submit the report not later than
December 31 of each year [the date and in the form prescribed by the
comptroller].
SECTION 20. Section 2113.205(b), Government Code, is
amended to read as follows:
(b) The comptroller may authorize a [A] state agency to
[may] use money appropriated for a particular fiscal year to pay the
entire cost or amount of a service, regardless of whether the
service is provided over more than one fiscal year. In this
subsection, "service" includes an Internet connection, a
periodical subscription, a maintenance contract, a post office box
rental, insurance, and [or] a surety or honesty bond[, regardless
of whether it covers more than one fiscal year].
SECTION 21. Section 2162.001, Government Code, is amended
to read as follows:
Sec. 2162.001. DEFINITIONS [DEFINITION]. In this
chapter[,]:
(1) "Council" ["council"] means the State Council on
Competitive Government.
(2) "Local government" means a county, municipality,
special district, school district, junior college district, or
other legally constituted political subdivision of the state.
SECTION 22. Section 2162.102, Government Code, is amended
by adding Subsection (d) to read as follows:
(d) To the extent the council deems feasible, a local
government may voluntarily participate in a contract awarded by the
council or a state agency under this chapter. A local government
that purchases a good or a service under a contract awarded under
this chapter is considered to have satisfied any state law
requiring the local government to seek competitive bids for the
purchase.
SECTION 23. Subchapter I, Chapter 2166, Government Code, is
amended by adding Section 2166.4061 to read as follows:
Sec. 2166.4061. ENERGY SAVINGS PERFORMANCE CONTRACTS. (a)
In this section, "energy savings performance contract" means a
contract for energy or water conservation measures to reduce energy
or water consumption or operating costs of governmental facilities
in which the estimated savings in utility costs resulting from the
measures is guaranteed to offset their cost over a specified time
period. The term includes a contract for the installation or
implementation of:
(1) insulation of a building structure and systems
within the building;
(2) storm windows or doors, caulking or weather
stripping, multiglazed windows or doors, heat absorbing or heat
reflective glazed and coated window or door systems, or other
window or door system modifications that reduce energy consumption;
(3) automatic energy control systems, including
computer software and technical data licenses;
(4) heating, ventilating, or air conditioning system
modifications or replacements that reduce energy or water
consumption;
(5) lighting fixtures that increase energy
efficiency;
(6) energy recovery systems;
(7) electric systems improvements;
(8) water-conserving fixtures, appliances, and
equipment or the substitution of non-water-using fixtures,
appliances, and equipment;
(9) water-conserving landscape irrigation equipment;
(10) landscaping measures that reduce watering
demands and capture and hold applied water and rainfall, including:
(A) landscape contouring, including the use of
berms, swales, and terraces; and
(B) the use of soil amendments that increase the
water-holding capacity of the soil, including compost;
(11) rainwater harvesting equipment and equipment to
make use of water collected as part of a storm-water system
installed for water quality control;
(12) equipment for recycling or reuse of water
originating on the premises or from other sources, including
treated municipal effluent;
(13) equipment needed to capture water from
nonconventional, alternate sources, including air conditioning
condensate or graywater, for nonpotable uses;
(14) metering equipment needed to segregate water use
in order to identify water conservation opportunities or verify
water savings; or
(15) other energy or water conservation-related
improvements or equipment, including improvements or equipment
related to renewable energy or nonconventional water sources or
water reuse.
(b) Notwithstanding any other provision of this chapter, a
state agency, without the consent of the commission, may enter into
an energy savings performance contract in accordance with this
section.
(c) Each energy or water conservation measure adopted under
this section must comply with current local, state, and federal
construction, plumbing, and environmental codes and regulations.
Notwithstanding Subsection (a), an energy savings performance
contract may not include improvements or equipment that allow or
cause water from any condensing, cooling, or industrial process or
any system of nonpotable usage over which the public water supply
system officials do not have sanitary control to be returned to the
potable water supply.
(d) A state agency may enter into an energy savings
performance contract only with a person who is experienced in the
design, implementation, and installation of the energy or water
conservation measures addressed by the contract.
(e) Before entering into an energy savings performance
contract, a state agency must require the provider of the energy or
water conservation measures to file with the agency a payment and
performance bond relating to the installation of the measures in
accordance with Chapter 2253. The agency also may require a
separate bond to cover the value of the guaranteed savings on the
contract.
(f) A state agency may enter into an energy savings
performance contract for a period of more than one year only if the
agency finds that the amount the agency would spend on the energy or
water conservation measures will not exceed the amount to be saved
in energy, water, wastewater, and operating costs over 15 years
from the date of installation.
(g) An energy savings performance contract with respect to
existing buildings or facilities may be financed:
(1) under a lease-purchase contract that has a term
not to exceed 15 years from the final date of installation and that
meets federal tax requirements for tax-free municipal leasing or
long-term financing, including a lease-purchase contract under the
master equipment lease purchase program administered by the Texas
Public Finance Authority under Chapter 1232;
(2) with the proceeds of bonds; or
(3) under a contract with the provider of the energy or
water conservation measures that has a term not to exceed 15 years
from the final date of installation.
(h) An energy savings performance contract must require the
provider of the energy or water conservation measures to guarantee
the amount of the savings to be realized by the state agency under
the contract. If the term of the contract exceeds one year, then
the agency's contractual obligations, including costs of design,
engineering, installation, and anticipated debt service, in any one
year during the term of the contract beginning after the final date
of installation may not exceed the total energy, water, wastewater,
and operating cost savings, including electrical, gas, water, or
wastewater, or other utility cost savings and operating cost
savings resulting from the measures as determined by the agency in
this subsection, divided by the number of years in the contract
term.
(i) An energy savings performance contract must be let
according to the procedures established for professional services
by Section 2254.004. Notice of the request for qualifications
shall be given in the manner provided by Section 2156.002. The
state energy conservation office shall establish guidelines and an
approval process for awarding energy savings performance
contracts. The guidelines must require that the cost savings
projected by an offeror be reviewed by a licensed 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. An energy savings performance contract may not be
entered into unless the contract has been approved by the state
energy conservation office. Sections 1001.053 and 1001.407,
Occupations Code, apply to work performed under the contract.
(j) The legislature shall base an agency's appropriation
for energy, water, and wastewater costs during a fiscal year on the
sum of:
(1) the agency's estimated energy, water, and
wastewater costs for that fiscal year; and
(2) if a contract under this section is in effect, the
agency's estimated net savings resulting from the contract during
the contract term, divided by the number of years in the contract
term.
SECTION 24. (a) Section 2251.025(b), Government Code, is
amended to read as follows:
(b) The rate of the interest that [Interest] accrues on an
overdue payment [at] is the rate [of one percent each month] in
effect on September 1 of the fiscal year in which the payment
becomes overdue. The rate in effect on September 1 is equal to the
sum of:
(1) one percent; and
(2) the prime rate as published in The Wall Street
Journal on the first day of Ju1y of the preceding fiscal year that
does not fall on a Saturday or Sunday.
(b) The rate of interest that accrues on a payment that
becomes overdue on or after September 1, 2004, is the rate
determined under Section 2251.025(b), Government Code, as amended
by Subsection (a) of this section. The rate of interest that
accrues on a payment that becomes overdue before September 1, 2004,
is the rate determined under the law in effect before the effective
date of this section, and the prior law is continued in effect for
that purpose.
SECTION 25. (a) Section 2252.903(e), Government Code, is
amended by adding Subdivision (4) to read as follows:
(4) "Written contract" does not include any contract
the payments for which must be made through the comptroller's
issuance of warrants or initiation of electronic funds transfers
under Section 404.046, 404.069, or 2103.003.
(b) The changes in law made by Subsection (a) of this
section apply only to a written contract that is entered into on or
after the effective date of that subsection. A written contract
that is entered into before the effective date of that subsection is
governed by the law in effect on the date the contract is entered
into, and the prior law is continued in effect for that purpose. In
this subsection, "written contract" has the meaning assigned by
Section 2252.903, Government Code, as amended by Subsection (a) of
this section.
SECTION 26. Section 2305.012, Government Code, is amended
to read as follows:
Sec. 2305.012. STAFF; ASSISTANCE. (a) The energy office
shall [provide staff to] implement and administer this chapter.
(b) The energy office or the governor through the energy
office may [also] enlist the assistance of a private entity or a
state agency, department, commission, or other entity to:
(1) evaluate or review a proposal;
(2) audit a program participant or a supervising state
agency;
(3) perform administrative duties under this chapter;
or
(4) develop eligibility or evaluation criteria.
SECTION 27. Section 2305.032, Government Code, is amended
to read as follows:
Sec. 2305.032. LOANSTAR REVOLVING LOAN PROGRAM. (a) The
energy office under the loanstar revolving loan program may
[approve and finance projects that] provide loans that finance
public facility energy and water efficiency measures [to eligible
applicants for energy-saving capital improvements. Projects
approved by the energy office should benefit:
[(1) a state agency or institution of higher
education;
[(2) a public school;
[(3) a political subdivision of the state;
[(4) a small to medium-sized business; and
[(5) a public or nonprofit hospital or health care
facility].
(b) The energy office shall determine the terms under which
a loan may be made under this section and shall set the interest
rate for a loan at a low rate that the energy office determines is
sufficient to recover the cost of administering the loan program.
(c) [At least 85 percent of the loans made under this
section shall be awarded to state agencies, institutions of higher
education, public schools, or political subdivisions.]
[(d)] Any borrower that receives a loan under this section
shall repay the principal of and interest on the loan from the value
of energy savings that accrues as the result of the energy
conservation measure implemented with the borrowed money.
(d) [(e)] An institution that receives a loan under this
section shall repay the loan from the amount budgeted for the
agency's or institution's energy costs. Until the loan is repaid,
the legislature may not reduce the amount budgeted for those energy
costs to reflect the value of energy savings that accrues as a
result of the energy conservation measure implemented with the
borrowed money.
(e) [(f)] The energy office shall allocate at least $95
million, including loan commitments and cash on hand, to the
loanstar program and shall administer the funds under its control
in a manner that assures that funds available to the loanstar
program equal or exceed $95 million at all times.
SECTION 28. Section 2305.033, Government Code, is amended
to read as follows:
Sec. 2305.033. STATE ENERGY PROGRAM. (a) The energy office
is the supervising state agency for the state energy program.
(b) In accordance with Part D [B], title III, Energy Policy
and Conservation Act (42 U.S.C. Sec. 6321 et seq.), the energy
office, under the program, shall distribute funds for projects that
save measurable quantities of energy.
(c) [A project under Subsection (b) must be implemented
primarily by institutions or private sector energy consumers.
[(d)] A proposal under Subsection (b) must:
(1) promote the conservation of energy; or [and]
(2) improve the efficient use of energy through
activities that result in quantifiable energy savings, such as
[including]:
(A) energy audits of buildings;
(B) technical assistance in reducing energy
bills;
(C) training to building operators and fiscal
officers on various energy issues such as utility bill analysis and
energy management techniques; or [and]
(D) other technical assistance to programs for
which funds are appropriated.
SECTION 29. Section 2305.034, Government Code, is amended
to read as follows:
Sec. 2305.034. STATE AGENCIES PROGRAM. The energy office
is the supervising agency for the state agencies program that may
distribute funds through Chapter 447. Projects funded under this
section may include:
(1) energy manager training;
(2) energy savings performance contracting services,
including: [described by Section 51.927, Education Code;]
(A) education and training;
(B) contract review and approval;
(C) third party contract review;
(D) development and dissemination of guidelines;
and
(E) identification of contract financing
sources;
(3) energy-efficient design assistance for new
facilities, including major renovation;
(4) projects for state building design standards
compliance;
(5) projects to create awareness of model energy codes
at the local and state levels;
(6) projects to develop and maintain the state's
utility database; and
(7) other appropriate energy and information
applications.
SECTION 30. Section 2305.039(b), Government Code, is
amended to read as follows:
(b) A project may:
(1) assist a service provider in providing services
such as:
(A) [traffic light synchronization;
[(B) fleet management;
[(C)] computerized transit routing that is
energy efficient;
[(D) car-care clinics;]
(B) [(E)] commuting solutions [vanpooling or
ridesharing efforts]; and
(C) [(F)] public education related to mass
transit; and
[(G) driver training in energy conservation
awareness; and]
[(H) transportation services for the elderly or
persons with a disability; and]
(2) include studies to improve existing systems and
plan for future transportation systems in this state.
SECTION 31. Section 2306.783(a), Government Code, is
amended to read as follows:
(a) The Texas Interagency Council for the Homeless is
composed of:
(1) one representative from each of the following
agencies, appointed by the administrative head of that agency:
(A) the Texas Department of Health;
(B) the Texas Department of Human Services;
(C) the Texas Department of Mental Health and
Mental Retardation;
(D) the Texas Department of Criminal Justice;
(E) the Texas Department on Aging;
(F) the Texas Rehabilitation Commission;
(G) the Texas Education Agency;
(H) the Texas Commission on Alcohol and Drug
Abuse;
(I) the Department of Protective and Regulatory
Services;
(J) the Health and Human Services Commission;
(K) the Texas Workforce Commission;
(L) the Texas Youth Commission; and
(M) the Texas Veterans Commission;
(2) [one representative from the office of the
comptroller appointed by the comptroller;]
[(3)] two representatives from the department, one
each from the community affairs division and the housing finance
division, appointed by the director; and
(3) [(4)] three members representing service
providers to the homeless, one each appointed by the governor, the
lieutenant governor, and the speaker of the house of
representatives.
SECTION 32. The heading to Chapter 302, Local Government
Code, is amended to read as follows:
CHAPTER 302. ENERGY SAVINGS PERFORMANCE CONTRACTS [OR WATER
CONSERVATION MEASURES] FOR LOCAL GOVERNMENTS.
SECTION 33. Section 302.001, Local Government Code, is
amended to read as follows:
Sec. 302.001. DEFINITIONS [DEFINITION]. In this
chapter[,]:
(1) "Energy savings performance contract" means a
contract for energy or water conservation measures to reduce energy
or water consumption or operating costs of local government
facilities in which the estimated savings in utility costs
resulting from the measures is guaranteed to offset their cost over
a specified time period. The term includes a contract for the
installation or implementation of:
(A) insulation of a building structure and
systems within the building;
(B) storm windows or doors, caulking or weather
stripping, multiglazed windows or doors, heat absorbing or heat
reflective glazed and coated window or door systems, or other
window or door system modifications that reduce energy consumption;
(C) automatic energy control systems, including
computer software and technical data licenses;
(D) heating, ventilating, or air conditioning
system modifications or replacements that reduce energy or water
consumption;
(E) lighting fixtures that increase energy
efficiency;
(F) energy recovery systems;
(G) electric systems improvements;
(H) water-conserving fixtures, appliances, and
equipment or the substitution of non-water-using fixtures,
appliances, and equipment;
(I) water-conserving landscape irrigation
equipment;
(J) landscaping measures that reduce watering
demands and capture and hold applied water and rainfall, including:
(i) landscape contouring, including the use
of berms, swales, and terraces; and
(ii) the use of soil amendments that
increase the water-holding capacity of the soil, including compost;
(K) rainwater harvesting equipment and equipment
to make use of water collected as part of a storm-water system
installed for water quality control;
(L) equipment for recycling or reuse of water
originating on the premises or from other sources, including
treated municipal effluent;
(M) equipment needed to capture water from
nonconventional, alternate sources, including air conditioning
condensate or graywater, for nonpotable uses;
(N) metering equipment needed to segregate water
use in order to identify water conservation opportunities or verify
water savings; or
(O) other energy or water conservation-related
improvements or equipment, including improvements or equipment
relating to renewable energy or nonconventional water sources or
water reuse.
(2) "Local ["local] government" means a county,
municipality, or other political subdivision of this state. The
term [local government] does not include a school district
authorized to enter into [a] an energy savings performance contract
[for energy or water conservation measures] under Section 44.9011
[44.901], Education Code.
SECTION 34. Section 302.002, Local Government Code, is
amended to read as follows:
Sec. 302.002. ENERGY SAVINGS PERFORMANCE CONTRACTS [OR
WATER CONSERVATION MEASURES]. (a) The governing body of a local
government may enter into an energy savings performance [a]
contract [for energy or water conservation measures to reduce
energy or water consumption or operating costs of governmental
facilities] in accordance with this chapter.
(b) [A contract authorized under this chapter includes a
contract for the installation or implementation of:
[(1) insulation of the building structure and systems
within the building;
[(2) storm windows or doors, caulking or weather
stripping, multiglazed windows or doors, heat-absorbing or
heat-reflective glazed and coated window or door systems, or other
window or door system modifications that reduce energy consumption;
[(3) automatic energy control systems, including
computer software and technical data licenses;
[(4) heating, ventilating, or air conditioning system
modifications or replacements that reduce energy or water
consumption;
[(5) lighting fixtures that increase energy
efficiency;
[(6) energy recovery systems;
[(7) electric systems improvements;
[(8) water-conserving fixtures, appliances, and
equipment or the substitution of non-water-using fixtures,
appliances, and equipment;
[(9) water-conserving landscape irrigation equipment;
[(10) landscaping measures that reduce watering
demands and capture and hold applied water and rainfall, including:
[(A) landscape contouring, including the use of
berms, swales, and terraces; and
[(B) the use of soil amendments that increase the
water-holding capacity of the soil, including compost;
[(11) rainwater harvesting equipment and equipment to
make use of water collected as part of a storm-water system
installed for water quality control;
[(12) equipment for recycling or reuse of water
originating on the premises or from other sources, including
treated municipal effluent;
[(13) equipment needed to capture water from
nonconventional, alternate sources, including air conditioning
condensate or graywater, for nonpotable uses;
[(14) metering equipment needed to segregate water use
in order to identify water conservation opportunities or verify
water savings; or
[(15) other energy or water conservation-related
improvements or equipment, including improvements or equipment
related to renewable energy or nonconventional water sources or
water reuse.]
[(c)] Each [All] energy or water conservation measure
adopted under this section [measures] must comply with current
local, state, and federal construction, plumbing, and
environmental codes and regulations. Notwithstanding Section
302.001(1) [anything to the contrary in Subsection (b)], an energy
savings performance [a] contract [for energy or water conservation
measures] may [shall] not include improvements or equipment that
allow or cause water from any condensing, cooling, or industrial
process or any system of nonpotable usage over which public water
supply system officials do not have sanitary control to be returned
to the potable water supply.
SECTION 35. Chapter 302, Local Government Code, is amended
by adding Section 302.0031 to read as follows:
Sec. 302.0031. PAYMENT AND PERFORMANCE BOND.
Notwithstanding any other law, before entering into an energy
savings performance contract, the governing body of a local
government shall require the provider of the energy or water
conservation measures to file with the governing body a payment and
performance bond relating to the installation of the measures in
accordance with Chapter 2253, Government Code. The governing body
also may require a separate bond to cover the value of the
guaranteed savings under the contract.
SECTION 36. Section 302.004, Local Government Code, is
amended to read as follows:
Sec. 302.004. METHOD OF FINANCING; TERMS OF CONTRACT. (a)
An energy savings performance contract [Energy or water
conservation measures with respect to buildings or facilities] may
be financed:
(1) under a lease-purchase contract that has a term
not to exceed 15 years from the final date of installation and that
meets federal tax requirements for tax-free municipal leasing or
long-term financing;
(2) with the proceeds of bonds; or
(3) under a contract with the provider of the energy or
water conservation measures that has a term not to exceed 15 years
from the final date of installation.
(b) An energy savings performance [The] contract must
require [shall contain provisions pursuant to which] the provider
of the energy or water conservation measures to guarantee
[guarantees] the amount of [the] savings to be realized by the local
government under the contract. If the term of the [a] contract [for
energy or water conservation measures] exceeds one year, then the
local government's contractual obligations in any one year during
the term of the contract beginning after the final date of
installation may not exceed the total energy, water, wastewater,
and operating cost savings, including [but not limited to]
electrical, gas, water, wastewater, or other utility cost savings
and operating cost savings resulting from the measures as
determined by the local government in this subsection, divided by
the number of years in the contract term.
SECTION 37. Chapter 302, Local Government Code, is amended
by adding Section 302.006 to read as follows:
Sec. 302.006. BIDDING PROCEDURES; AWARD OF CONTRACT. (a)
An energy savings performance contract may be let according to the
procedures established for professional services by Section
2254.004, Government Code. Notice of the request for
qualifications shall be published in the manner provided for
competitive bidding.
(b) Prior to entering into an energy savings performance
contract, the governing body must require that the cost savings
projected by an offeror be reviewed by a licensed 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. Sections 1001.053 and 1001.407, Occupations Code, apply
to work performed under the contract.
SECTION 38. (a) Section 74.103, Property Code, is amended
by adding Subsection (d) to read as follows:
(d) If a holder's records are unavailable or incomplete for
any portion of the required retention period, then the comptroller
may determine the liability of the holder using the best
information available to the comptroller.
(b) The changes in law made by Subsection (a) of this
section apply only to an examination begun on or after the effective
date of that subsection. An examination begun before the effective
date of that subsection is governed by the law in effect on the date
the examination begins, and the prior law is continued in effect for
that purpose. In this subsection, "examination" means an
examination of records by the comptroller under Subchapter H,
Chapter 74, Property Code.
SECTION 39. Section 74.501, Property Code, is amended by
adding Subsection (d) to read as follows:
(d)(1) Upon receipt of a claim form and all necessary
documentation and as may be appropriate under the circumstances,
the comptroller may approve the claim of:
(A) the reported owner of the property;
(B) if the reported owner died testate:
(i) the appropriate legal beneficiaries of
the owner as provided in the last will and testament of the owner
that has been accepted into probate or filed as a muniment of title;
or
(ii) the executor of the owner's last will
and testament who holds current letters testamentary;
(C) if the reported owner died intestate:
(i) the legal heirs of the owner as provided
by Section 38, Probate Code; or
(ii) the court appointed administrator of
the owner's estate;
(D) the legal heirs of the reported owner as
established by an affidavit of heirship order signed by the judge of
the county probate court or by the county judge;
(E) if the reported owner is a minor child or an
adult who has been adjudged incompetent by a court of law, the
parent or legal guardian of that child or adult;
(F) if the reported owner is a corporation:
(i) the president or chairman of the board
of directors of the corporation, on behalf of the corporation; or
(ii) any person who has legal authority to
act on behalf of the corporation;
(G) if the reported owner is a corporation that
has been dissolved or liquidated:
(i) the sole surviving shareholder of the
corporation, if there is only one surviving shareholder;
(ii) the surviving shareholders of the
corporation in proportion to their ownership of the corporation, if
there is more than one surviving shareholder;
(iii) the corporation's bankruptcy trustee;
or
(iv) the court ordered receiver for the
corporation; or
(H) any other person that is entitled to receive
the unclaimed property under other law or comptroller policy.
(2) The comptroller may not pay:
(A) a creditor, a judgment creditor, a
lienholder, or an assignee of the reported owner or of the owner's
heirs; or
(B) any person holding a power of attorney from
the reported owner or the owner's heirs.
SECTION 40. Section 112.058(a), Tax Code, is amended to
read as follows:
(a) [Except as provided in Subsections (b) and (c) of this
section,] Payments [payments] made under protest are to be handled
as follows:
(1) An officer who receives payments made under
protest as required by Section 112.051 [of this code] shall each day
send to the comptroller the payments, a list of the persons making
the payments, and a written statement that the payments were made
under protest.
(2) The comptroller shall, immediately on receipt,
credit the payments to each fund to which the tax or fee paid under
protest is allocated by law.
(3) The comptroller shall maintain detailed records of
payments made under protest.
(4) A payment under protest bears pro rata interest.
The pro rata interest is the amount of interest that would be due if
the amount had been placed in the suspense account of the
comptroller.
SECTION 41. Section 256.003, Transportation Code, is
amended to read as follows:
Sec. 256.003. USE OF REVENUES FROM COUNTY AND ROAD DISTRICT
HIGHWAY FUND. (a) A county may use the money it receives under
Section 256.002 only for:
(1) purchasing right-of-way for lateral roads,
farm-to-market roads, or state highways;
(2) constructing and maintaining lateral roads,
including the hiring of labor and the purchase of materials,
supplies, and equipment; or
(3) paying the principal, interest, and sinking fund
requirements maturing during the fiscal year on bonds, warrants, or
other legal obligations incurred to finance activities described in
Subdivisions (1) and (2).
[(b) On or before October 1 of each year the county judge of
each county shall file with the comptroller a sworn report that
includes:
[(1) an account of how the money allocated to the
county under Section 256.002 during the preceding year was spent;
[(2) a description, including location, of any new
roads constructed in whole or part with that money; and
[(3) any other information related to the
administration of Section 256.002 and this section that the
comptroller requires.
[(c) A county officer or employee shall provide to the
comptroller on request any information necessary to determine the
legality of the use of funds allocated under Section 256.002.]
(b) [(d)] A county may require that bids for construction
funded in whole or part by money received under Section 256.002 be
submitted to the commission in the manner provided for bids for
construction of a state highway.
(c) [(e)] On the request of a county, the commission shall
provide technical and engineering assistance in making surveys,
preparing plans and specifications, preparing project proposals,
and supervising construction. The county shall pay the costs of
providing the assistance.
SECTION 42. Section 256.009, Transportation Code, is
amended to read as follows:
Sec. 256.009. REPORT TO COMPTROLLER. (a) Not later than
January 30 of each year, the county auditor or, if the county does
not have a county auditor, the official having the duties of the
county auditor shall file a report with the comptroller [stating]
that includes:
(1) an account of how the money allocated to the county
under Section 256.002 during the preceding year was spent;
(2) a description, including location, of any new
roads constructed in whole or part with that money;
(3) any other information related to the
administration of Sections 256.002 and 256.003 that the comptroller
requires; and
(4) the total amount of expenditures for county road
and bridge construction, maintenance, rehabilitation, right-of-way
acquisition, and utility construction and other appropriate road
expenditures of county funds in the preceding county fiscal year
that are required by the constitution or other law to be spent on
public roads or highways. [The report must be in a form prescribed
by the comptroller.]
(b) A county officer or employee shall provide to the
comptroller on request any information necessary to determine the
legality of the use of funds allocated under Section 256.002.
(c) The report must be in a form prescribed by the
comptroller.
(d) The comptroller may distribute money under Section
256.002(a) to a county only if the most recent report required by
Subsection (a) has been filed.
SECTION 43. (a) The following laws are repealed:
(1) Sections 44.901 and 51.927, Education Code.
(2) Subchapter O, Chapter 403, Government Code.
(3) Sections 2166.406, 2305.025, 2305.073, 2305.074,
and 2305.076, Government Code.
(4) Sections 302.003 and 302.005, Local Government
Code.
(b) The following laws are repealed:
(1) Section 395.103, Finance Code.
(2) Subsections (b) and (c), Section 112.058, Tax
Code.
SECTION 44. (a) Except as provided in Subsection (c) of this
section, for the fiscal year ending August 31, 2003, the
comptroller is appropriated from the general revenue fund the
amount needed to return any available cash that was transferred to
that fund from a fund outside the state treasury and to maintain the
equity of the fund from which the transfer was made, as required by
Section 403.092, Government Code, as amended by this Act.
(b) For the fiscal biennium beginning September 1, 2003, the
comptroller is appropriated from the general revenue fund the
amount needed to return any available cash that was transferred to
that fund from a fund outside the state treasury and to maintain the
equity of the fund from which the transfer was made, as required by
Section 403.092, Government Code, as amended by this Act.
(c) Subsection (a) of this section has no effect if it would
take effect September 1, 2003.
SECTION 45. (a) Except as provided in Subsections (b) and
(c) of this section:
(1) this Act takes effect immediately if it receives a
vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution; and
(2) if this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2003.
(b) This subsection and Sections 2, 3, 14, 15, 16, 17, 19,
20, 25, 38, 39, 40, 41, 42, 43(b), and 44(b) of this Act take effect
September 1, 2003.
(c) Section 24 of this Act takes effect July 1, 2004.