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  80R3963 BEF-D
 
  By: Hinojosa, West, Royce S.B. No. 445
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to design and construction standards for newly constructed
state buildings.
       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 AND
CONSTRUCTION SPECIFICATIONS FOR NEW STATE BUILDING.  (a)  This
section applies to the construction of a new state building,
including a building construction project otherwise exempt from
this chapter under Section 2166.003, except that this section does
not apply to a project constructed by and for an institution of
higher education as defined by Section 61.003, Education Code.
       (b)  A building to which this section applies must be
designed and constructed so that the building may be:
             (1)  certified by the United States Green Building
Council to meet the silver standard under the Leadership in Energy
and Environmental Design (LEED) rating system as that standard
exists as of September 1, 2007; or
             (2)  certified by the Green Building Initiative to
achieve a two-globe rating under the Green Globes USA environmental
assessment and rating system as that system exists as of September
1, 2007.
       (c)  A contract between the commission or an agency that is
otherwise exempt from this chapter under Section 2166.003 and a
private design professional relating to services in connection with
construction 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 AND
CONSTRUCTION SPECIFICATIONS FOR CERTAIN NEWLY CONSTRUCTED
FACILITIES.  (a)  This section applies to a newly constructed
facility of an institution of higher education any part of which is
financed by revenue bonds issued under this subchapter.
       (b)  A facility to which this section applies must be
designed and constructed so that the facility may be:
             (1)  certified by the United States Green Building
Council to meet the silver standard under the Leadership in Energy
and Environmental Design (LEED) rating system as that standard
exists as of September 1, 2007; or
             (2)  certified by the Green Building Initiative to
achieve a two-globe rating under the Green Globes USA environmental
assessment and rating system as that system exists as of September
1, 2007.
       (c)  A contract between an institution of higher education
and an architect relating to services in connection with
construction of a facility to which this section applies must
provide that, for billing purposes, any service provided by the
architect 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, 2007.
       SECTION 4.  This Act takes effect September 1, 2007.