By: Hinojosa, West, Ellis  S.B. No. 445
         (In the Senate - Filed February 5, 2007; February 21, 2007,
  read first time and referred to Committee on Government
  Organization; April 10, 2007, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 6, Nays 0;
  April 10, 2007, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 445 By:  Hegar
 
 
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.
 
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