81R1758 BEF-D
 
  By: Lucio III H.B. No. 431
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to design and construction standards for newly constructed
  or renovated 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 RENOVATED OR NEW STATE BUILDING.  
  (a)  In this section, "renovation" or "renovated" means a building
  renovation project in which:
               (1)  the cost of the renovation is more than 50 percent
  of the value of the building; or
               (2)  the area of the building being renovated, measured
  in square feet, is more than 50 percent of the total area of the
  building.
         (b)  This section applies to the construction of a state
  building larger than 10,000 square feet or to the renovation of such
  a state building, including a building construction project
  involving a state building larger than 10,000 square feet that is
  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.
         (c)  A building to which this section applies that is being
  constructed or renovated must be designed and constructed or
  renovated so that the building may be certified under the United
  States Green Building Council's Leadership in Energy and
  Environmental Design (LEED) rating system as that standard exists
  as of September 1, 2009.
         (d)  The commission shall adopt rules for the administration
  of this section. The rules may establish an exception to the
  application of this section for a type of building if the commission
  determines that:
               (1)  the standards described by Subsection (c) do not
  apply to that type of building; or
               (2)  there is no practical way to apply the standards
  described by Subsection (c) to the design and construction of that
  type of building.
         (e)  The commission shall:
               (1)  monitor and document:
                     (A)  each state agency's compliance with this
  section; and
                     (B)  any operating savings resulting from the
  design and construction or renovation of buildings in accordance
  with this section; and
               (2)  not later than September 1 of each even-numbered
  year, submit to the legislature and governor a report regarding:
                     (A)  the commission's findings under Subdivision
  (1);
                     (B)  any instances in which, and the reasons for
  which, a state building was not designed and constructed or
  renovated in the manner provided by Subsection (c); and
                     (C)  any recommendations the commission considers
  appropriate.
         (f)  Subsection (e) and this subsection expire September 2,
  2018.
         SECTION 2.  (a)  The state auditor shall prepare a report
  concerning the implementation of the design and construction
  specifications required by this Act and shall present the report to
  the 83rd Legislature not later than January 15, 2013. The report
  must include:
               (1)  the costs of implementing the specifications;
               (2)  the operating savings attributable to
  implementing the specifications, including energy and maintenance
  savings;
               (3)  any impact on employee productivity resulting from
  implementing the specifications;
               (4)  the effectiveness of the implementation of the
  specifications; and
               (5)  any recommendations the state auditor considers
  appropriate.
         (b)  This section expires January 16, 2013.
         SECTION 3.  Section 2166.409, Government Code, as added by
  this Act, applies only to the construction or renovation of a
  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.