By: Lucio III, et al. (Senate Sponsor - Hinojosa) H.B. No. 431
         (In the Senate - Received from the House May 12, 2009;
  May 13, 2009, read first time and referred to Committee on
  Government Organization; May 21, 2009, reported adversely, with
  favorable Committee Substitute by the following vote: Yeas 6,
  Nays 0; May 21, 2009, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 431 By:  Lucio
 
 
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.  This section does not apply to a facility
  under the charge and control of the Texas Department of Criminal
  Justice or the Texas Youth Commission.
         (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 approved
  by the commission that:
               (1)  is developed and revised through a nationally
  recognized consensus-based process or by a municipally owned
  utility in this state;
               (2)  provides minimum requirements for energy use,
  natural resources use, and indoor air quality;
               (3)  requires substantiating documentation for
  certification;
               (4)  requires on-site, third-party, post-construction
  review and verification for certification, or a third-party,
  post-construction, rigorous review of documentation and
  verification for certification; and
               (5)  encourages the use of materials or products
  manufactured or produced in this state.
         (c)  The commission shall appoint an advisory committee to
  advise the commission in determining which high-performance
  building standards to approve for use under Subsection (b).  At
  least once each year the advisory committee shall review available
  high-performance building standards and make recommendations to
  the commission.  The advisory committee consists of:
               (1)  the director of facilities construction and space
  management appointed under Section 2152.104, who serves as the
  presiding officer of the committee;
               (2)  six individuals with experience and expertise in
  high-performance buildings or related products, including
  experience and expertise in energy efficiency, water efficiency, or
  low-impact site development, with one individual selected from each
  of the following lists of nominees:
                     (A)  a list submitted by the president of the
  Texas Society of Architects;
                     (B)  a list submitted by the presidents of the
  Texas Council of Engineering Companies and Texas Society of
  Professional Engineers;
                     (C)  a list submitted by the president of the
  Associated Builders and Contractors of Texas and the presiding
  officer of the executive committee of the Associated General
  Contractors, Texas Building Branch;
                     (D)  a list submitted by the president of the
  Texas chapter of the Urban Land Institute;
                     (E)  a list submitted by the president of the
  Texas chapter of the American Society of Landscape Architects; and
                     (F)  a list submitted by the president of the
  Texas Chemical Council;
               (3)  one individual appointed by the comptroller who
  represents the State Energy Conservation Office;
               (4)  one individual representing a state agency that
  has a substantial ongoing construction program; and
               (5)  one individual representing the interests of
  historically underutilized businesses.
         (d)  In addition to meeting the requirements of Subsection
  (b), a building to which this section applies must be designed and
  constructed or renovated so that the building:
               (1)  meets the American Society of Heating,
  Refrigeration and Air Conditioning Engineers energy standards in
  effect on September 1, 2009, or the International Energy
  Conservation Code in effect on September 1, 2009, or an updated
  version of those standards or that code adopted by the State Energy
  Conservation Office under Subsection (e), if applicable; and
               (2)  achieves a 15 percent reduction in water use when
  compared to water use based on plumbing fixtures selected in
  accordance with the Energy Policy Act of 1992 (Pub. L. No. 102-486).
         (e)  If the State Energy Conservation Office determines,
  based on written recommendations from the Energy Systems Laboratory
  at the Texas Engineering Experiment Station of The Texas A&M
  University System, that the latest published edition of the
  Heating, Refrigeration and Air Conditioning Engineers energy
  standards or the International Energy Conservation Code will result
  in energy efficiency and air quality that is equivalent to or better
  than the energy efficiency and air quality achievable under the
  editions described by Subsection (d)(1), the office by rule shall
  adopt the equivalent or more stringent editions and substitute them
  for the standards or code described by Subsection (d)(1).  The rule,
  if adopted, must establish an effective date for the new standards
  or code but not earlier than nine months after the date of adoption.
  The laboratory shall make its recommendations not later than six
  months after the date of publication of the new editions.
         (f)  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) or (d) 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 building, structure, or other facility, or the
  renovation of a building, structure, or other facility the cost of
  which is more than 50 percent of the value of the building,
  structure, or other facility, any part of the construction or
  renovation of which is financed by revenue bonds issued under this
  subchapter.
         (b)  A building, structure, or other facility to which this
  section applies must be designed and constructed or renovated so
  that the building, structure, or other facility complies with
  high-performance building standards, approved by the board of
  regents of the institution, that provide minimum requirements for
  energy use, natural resources use, and indoor air quality.  In
  approving high-performance building standards, a board of regents
  shall consider the standards approved by the Texas Facilities
  Commission under Section 2166.409, Government Code, and may solicit
  and consider recommendations from the advisory committee appointed
  under that section.
         (c)  In addition to meeting the requirements of Subsection
  (b), a building, structure, or other facility to which this section
  applies must be designed and constructed or renovated to comply
  with the applicable energy and water conservation design standards
  established by the State Energy Conservation Office under Section
  447.004, Government Code.
         SECTION 3.  Section 55.115, Education Code, and Section
  2166.409, Government Code, as added by this Act, apply only to an
  institution of higher education building, structure, or other
  facility or a state building for which the contract for design
  services is entered into on or after September 1, 2011.
         SECTION 4.  This Act takes effect September 1, 2009.
 
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