By: Hinojosa, West, Ellis S.B. No. 445
      Van de Putte
 
A BILL TO BE ENTITLED
AN ACT
relating to design, construction, and renovation standards for
state buildings and facilities.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter I, Chapter 2166, Government Code, is
amended by adding Section 2166.409 to read as follows:
       Sec. 2166.409.  HIGH-PERFORMANCE, SUSTAINABLE DESIGN,
CONSTRUCTION, AND RENOVATION STANDARDS FOR STATE BUILDINGS.  
(a)  This section applies to the construction of a state building,
or the renovation of a state building the cost of which is more than
50 percent of the value of the building, including a building for
education, assembly, or office occupancy under the charge and
control of the Texas Department of Transportation, the Parks and
Wildlife Department, the Texas Department of Housing and Community
Affairs, the Texas State Affordable Housing Corporation, or the
Veterans' Land Board that is otherwise exempt from this chapter
under Section 2166.003.
       (b)  A building to which this section applies must be
designed and constructed or renovated so that the building achieves
certification under a high-performance building standard that:
             (1)  is developed and revised through a consensus-based
process;
             (2)  provides minimum requirements for energy use,
natural resources use, and indoor air quality;
             (3)  requires substantiating documentation for
certification;
             (4)  employs third-party, post-construction review and
verification for certification; and
             (5)  is determined by the state energy conservation
office to be nationally recognized in the building industry.
       (c)  A contract between the commission and a private design
professional relating to services in connection with the
construction or renovation of a building to which this section
applies must provide that, for billing purposes, any service
provided by the private design professional that is necessary to
satisfy the requirements of Subsection (b) is considered an
additional service rather than a basic service.
       SECTION 2.  Subchapter B, Chapter 55, Education Code, is
amended by adding Section 55.115 to read as follows:
       Sec. 55.115.  HIGH-PERFORMANCE, SUSTAINABLE DESIGN,
CONSTRUCTION, AND RENOVATION STANDARDS FOR CERTAIN FACILITIES.  
(a)  This section applies to the construction of an institution of
higher education facility, or the renovation of a facility the cost
of which is more than 50 percent of the value of the facility, any
part of the construction or renovation of which is financed by
revenue bonds issued under this subchapter.
       (b)  A facility to which this section applies must be
designed and constructed or renovated so that the facility achieves
certification under a high-performance building standard that:
             (1)  is developed and revised through a consensus-based
process;
             (2)  provides minimum requirements for energy use,
natural resources use, and indoor air quality;
             (3)  requires substantiating documentation for
certification;
             (4)  employs third-party, post-construction review and
verification for certification; and
             (5)  is determined by the state energy conservation
office to be nationally recognized in the building industry.
       (c)  A contract between an institution of higher education
and a private design professional, as defined by Section 2166.001,
Government Code, relating to services in connection with the
construction or renovation of a facility to which this section
applies must provide that, for billing purposes, any service
provided by the private design professional that is necessary to
satisfy the requirements of Subsection (b) is considered an
additional service rather than a basic service.
       SECTION 3.  Section 55.115, Education Code, and Section
2166.409, Government Code, as added by this Act, apply only to a
facility or building for which the contract for design services is
entered into on or after September 1, 2009.
       SECTION 4.  This Act takes effect September 1, 2009.