79R11167 KEG-D


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

AN ACT

relating to energy-saving devices and options for vending machines 
in buildings owned or leased by the state; imposing an 
administrative fine.
	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 
commission.
	(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.