By: Leibowitz H.B. No. 1459
Substitute the following for H.B. No. 1459:
By: Veasey C.S.H.B. No. 1459
A BILL TO BE ENTITLED
relating to energy-saving devices and options for vending machines
in buildings owned or leased by the state; imposing an
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 2165, Government Code, is
amended by adding Section 2165.058 to read as follows:
Sec. 2165.058. VENDING MACHINES; ENERGY-SAVING DEVICE
REQUIRED. (a) The commission shall require the use of an
energy-saving device for each vending machine located in a building
owned or leased by the state except a vending machine that contains
a perishable food product, as defined by Section 96.001, Civil
Practice and Remedies Code.
(b) Notwithstanding Subsection (a), the commission may not
require the acquisition or installation of an energy-saving device
for a vending machine that is owned or operated by an entity that
owns or operates a total of 20 or fewer vending machines. However,
the commission shall require the entity to activate and maintain
any internal energy-saving or energy-management device or option
that is already part of the machine or contained in the machine.
(c) An entity that owns or operates a vending machine
subject to this section is responsible for any expenses associated
with the acquisition, installation, or maintenance of an
energy-saving device required by this section.
(d) The commission may impose an administrative fine on an
entity that operates a vending machine subject to this section in an
amount not to exceed $250 a year for each machine found to be in
violation of this section or related rules adopted by the
(e) The commission shall adopt rules relating to the
specifications for and regulation of energy-saving devices
required by this section.
SECTION 2. (a) An entity that owns or operates a vending
machine subject to Section 2165.058, Government Code, as added by
this Act, is not required to comply with that section or a related
rule of the Texas Building and Procurement Commission until
September 1, 2006.
(b) Notwithstanding Section 2165.058(d), Government Code,
as added by this Act, the Texas Building and Procurement Commission
may impose a fine only in relation to a vending machine that is
found to be operating in violation of Section 2165.058, Government
Code, as added by this Act, or a related rule of the commission, on
or after September 1, 2006.
SECTION 3. This Act takes effect September 1, 2005.