79R12619 EMT-F


By:  Haggerty                                                     H.B. No. 2905

Substitute the following for H.B. No. 2905:                                   

By:  Hochberg                                                 C.S.H.B. No. 2905



A BILL TO BE ENTITLED

AN ACT

relating to the installation of water conservation systems in Texas 
Department of Criminal Justice facilities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 493, Government Code, is amended by 
adding Section 493.0101 to read as follows:
	Sec. 493.0101.  WATER CONSERVATION SYSTEMS FOR CORRECTIONAL 
FACILITIES.  (a)  The department shall contract with a private 
vendor, at no cost to the state, to install electronic water 
conservation systems on prison toilets, sinks, and showers.
	(b)  A private vendor contracting with the department under 
this section must:
		(1)  demonstrate that the electronic water 
conservation systems used will yield an annual cost savings of at 
least 50 percent of the amount of current plumbing operation costs;
		(2)  have a minimum of five years of verifiable 
experience with retrofit installations in correctional facilities; 
and
		(3)  use technological equipment that has a five-year 
history of use in correctional facilities.
	(c)  A contract between the department and a private vendor 
under this section must include a provision that will ensure a 
budget-neutral or positive fiscal impact on the state.
	(d)  The department shall contract for the installation of 
the conservation systems in at least 15 correctional facilities 
designated by the department.  In designating a correctional 
facility under this subsection, the department shall consider:
		(1)  the facility where the greatest amount of savings 
can be achieved;
		(2)  the age of the facility; and                                      
		(3)  the potential operational and security concerns of 
the facility.
	(e)  A private vendor that contracts with the department 
under this section may not receive any remuneration under the 
contract until cost savings to the state have been verified.
	(f)  Not later than December 31, 2006, the department shall 
submit a progress report to the lieutenant governor, speaker of the 
house of representatives, and the Legislative Budget Board.  The 
report must include an evaluation of the initial installation of 
the water conservation systems, effectiveness of the technology 
used, and the amount of cost savings to the state.  The department 
may request assistance from the State Auditor and the Legislative 
Budget Board with the preparation of the report and the calculation 
of savings.
	SECTION 2.  (a)  Not later than October 1, 2005, the Texas 
Department of Criminal Justice shall submit a request for proposals 
from private vendors to provide water conservation systems under 
Section 493.0101, Government Code, as added by this Act.
	(b)  The initial installation of the water conservation 
systems described by Subsection (a) of this section shall begin not 
later than February 1, 2006, and shall be completed by January 1, 
2008.
	SECTION 3.  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.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.