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A BILL TO BE ENTITLED
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AN ACT
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relating to design and construction standards for newly constructed |
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or renovated state buildings, public school facilities, and higher |
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education facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter I, Chapter 2166, Government Code, is |
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amended by adding Section 2166.409 to read as follows: |
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Sec. 2166.409. HIGH-PERFORMANCE, SUSTAINABLE DESIGN AND |
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CONSTRUCTION SPECIFICATIONS FOR RENOVATED OR NEW STATE BUILDING. |
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(a) In this section, "renovation" or "renovated" means a building |
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renovation project in which the cost of the renovation is more than |
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50 percent of the value of the building. |
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(b) This section applies to the construction or renovation |
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of a state building, including a building construction project |
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otherwise exempt from this chapter under Section 2166.003, except |
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that this section does not apply to a project constructed by and for |
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an institution of higher education as defined by Section 61.003, |
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Education Code. |
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(c) A building to which this section applies that is being |
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constructed or renovated must be designed and constructed or |
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renovated so that the building may be certified to meet or exceed |
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the silver standard under the United States Green Building |
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Council's Leadership in Energy and Environmental Design (LEED) |
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rating system as that standard exists as of September 1, 2007. |
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(d) The commission shall adopt rules for the administration |
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of this section. The rules may establish an exception to the |
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application of this section for a type of building if the commission |
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determines that: |
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(1) the standards described by Subsection (c) do not |
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apply to that type of building; or |
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(2) there is no practical way to apply the standards |
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described by Subsection (c) to the design and construction of that |
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type of building. |
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(e) The commission shall: |
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(1) monitor and document: |
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(A) each state agency's compliance with this |
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section; and |
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(B) any operating savings resulting from the |
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design and construction or renovation of buildings in accordance |
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with this section; and |
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(2) not later than September 1 of each even-numbered |
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year, submit to the legislature and governor a report regarding: |
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(A) the commission's findings under Subdivision |
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(1); |
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(B) any instances in which, and the reasons for |
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which, a state building was not designed and constructed or |
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renovated in the manner provided by Subsection (c); and |
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(C) any recommendations the commission considers |
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appropriate. |
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(f) Subsection (e) and this subsection expire September 2, |
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2016. |
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SECTION 2. Subchapter Z, Chapter 44, Education Code, is |
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amended by adding Section 44.902 to read as follows: |
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Sec. 44.902. HIGH-PERFORMANCE, SUSTAINABLE DESIGN AND |
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CONSTRUCTION SPECIFICATIONS FOR CERTAIN RENOVATED OR NEWLY |
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CONSTRUCTED FACILITIES. (a) In this section: |
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(1) "Instructional facility" has the meaning assigned |
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by Section 46.001. |
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(2) "Renovation" or "renovated" means a facility |
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renovation project in which the cost of the renovation is more than |
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50 percent of the value of the facility. |
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(b) This section applies to a newly constructed or renovated |
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instructional facility of a school district. |
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(c) A facility to which this section applies that is being |
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constructed or renovated must be designed and constructed or |
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renovated so that the facility may be certified to meet or exceed |
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the silver standard under the United States Green Building |
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Council's Leadership in Energy and Environmental Design (LEED) |
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rating system as that standard exists as of September 1, 2007. |
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(d) The agency shall adopt rules for the administration of |
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this section. The rules may establish an exception to the |
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application of this section for a type of facility if the agency |
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determines that: |
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(1) the standards described by Subsection (c) do not |
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apply to that type of facility; or |
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(2) there is no practical way to apply the standards |
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described by Subsection (c) to the design and construction of that |
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type of facility. |
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(e) The agency shall: |
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(1) monitor and document: |
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(A) each district's compliance with this |
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section; and |
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(B) any operating savings resulting from the |
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design and construction or renovation of facilities in accordance |
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with this section; and |
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(2) not later than September 1 of each even-numbered |
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year, submit to the legislature and governor a report regarding: |
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(A) the agency's findings under Subdivision (1); |
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(B) any instances in which, and the reasons for |
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which, a facility was not designed and constructed or renovated in |
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the manner provided by Subsection (c); and |
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(C) any recommendations the agency considers |
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appropriate. |
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(f) Subsection (e) and this subsection expire September 2, |
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2016. |
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SECTION 3. Subchapter C, Chapter 61, Education Code, is |
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amended by adding Section 61.0584 to read as follows: |
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Sec. 61.0584. HIGH-PERFORMANCE, SUSTAINABLE DESIGN AND |
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CONSTRUCTION SPECIFICATIONS FOR CERTAIN RENOVATED OR NEWLY |
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CONSTRUCTED FACILITIES. (a) In this section, "renovation" or |
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"renovated" means a facility renovation project in which the cost |
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of the renovation is more than 50 percent of the value of the |
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facility. |
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(b) This section applies to a newly constructed or renovated |
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facility of an institution of higher education. |
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(c) A facility to which this section applies that is being |
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constructed or renovated must be designed and constructed or |
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renovated so that the facility may be certified to meet or exceed |
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the silver standard under the United States Green Building |
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|
Council's Leadership in Energy and Environmental Design (LEED) |
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|
rating system as that standard exists as of September 1, 2007. |
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(d) The board shall adopt rules for the administration of |
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this section. The rules may establish an exception to the |
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application of this section for a type of facility if the board |
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determines that: |
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(1) the standards described by Subsection (c) do not |
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apply to that type of facility; or |
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(2) there is no practical way to apply the standards |
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described by Subsection (c) to the design and construction of that |
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type of facility. |
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(e) The board shall: |
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(1) monitor and document: |
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(A) each institution's compliance with this |
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section; and |
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(B) any operating savings resulting from the |
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design and construction or renovation of facilities in accordance |
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with this section; and |
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(2) not later than September 1 of each even-numbered |
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year, submit to the legislature and governor a report regarding: |
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(A) the board's findings under Subdivision (1); |
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(B) any instances in which, and the reasons for |
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which, a facility was not designed and constructed or renovated in |
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the manner provided by Subsection (c); and |
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(C) any recommendations the board considers |
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appropriate. |
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(f) Subsection (e) and this subsection expire September 2, |
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2016. |
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SECTION 4. (a) The Texas Building and Procurement |
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Commission shall establish and appoint members to an advisory |
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committee to make recommendations to and advise the commission on |
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the implementation of the design and construction specifications |
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required by this Act. The advisory committee must include |
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representatives of: |
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(1) the design and construction industry involved in |
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public building contracts; |
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(2) the Texas Education Agency; |
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(3) the Texas Higher Education Coordinating Board; |
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(4) institutions of higher education; and |
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(5) public school districts. |
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(b) This section expires and the advisory committee is |
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abolished September 1, 2009. |
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SECTION 5. (a) The state auditor shall prepare a report |
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concerning the implementation of the design and construction |
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specifications required by this Act and shall present the report to |
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the 82nd Legislature not later than January 15, 2011. The report |
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must include: |
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(1) the costs of implementing the specifications; |
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(2) the operating savings attributable to |
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implementing the specifications, including energy and maintenance |
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savings; |
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(3) any impact on employee productivity and student |
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performance resulting from implementing the specifications; |
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(4) the effectiveness of the implementation of the |
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specifications; and |
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(5) any recommendations the state auditor considers |
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appropriate. |
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(b) This section expires January 16, 2011. |
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SECTION 6. Sections 44.902 and 61.0584, Education Code, and |
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Section 2166.409, Government Code, as added by this Act, apply only |
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to the construction or renovation of a facility or building for |
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which the contract for design services is entered into on or after |
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September 1, 2007. |
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SECTION 7. This Act takes effect September 1, 2007. |