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.