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A BILL TO BE ENTITLED
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AN ACT
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relating to the adoption of energy efficient building standards and |
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energy efficiency and conservation standards for instructional |
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facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 388.003, Health and Safety Code, as |
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amended by Chapters 262 (S.B. 12) and 939 (H.B. 3693), Acts of the |
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80th Legislature, Regular Session, 2007, is reenacted and amended |
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to read as follows: |
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Sec. 388.003. ADOPTION OF BUILDING ENERGY EFFICIENCY |
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PERFORMANCE STANDARDS. (a) To achieve energy conservation in |
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single-family and duplex residential construction, the energy |
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efficiency provisions [chapter] of the International Residential |
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Code, as it existed on May 1, 2001, is adopted as the energy code in |
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this state for single-family and duplex residential construction. |
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Beginning January 1, 2012, the energy efficiency provisions of the |
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International Residential Code, as it existed on May 1, 2009, is |
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adopted as the energy code in this state for single-family and |
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duplex residential construction. |
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(a-1) For the purposes of energy code compliance under the |
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limited statutory warranties and building and performance |
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standards under Section 430.001, Property Code, and inspections of |
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new residential construction required under Subtitle F, Title 16, |
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Property Code, Subsection (a) of this section controls for |
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single-family and duplex residential construction located in |
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unincorporated areas not in the extraterritorial jurisdiction of a |
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municipality. To the extent of any conflict between this |
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subsection and any other law, including Section 430.001, Property |
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Code, this subsection prevails. |
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(b) To achieve energy conservation in all other |
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residential, commercial, and industrial construction, the |
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International Energy Conservation Code as it existed on May 1, |
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2001, is adopted as the energy code for use in this state for all |
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other residential, commercial, and industrial construction. |
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Beginning January 1, 2012, the International Energy Conservation |
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Code, as it existed on May 1, 2009, is adopted as the energy code in |
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this state for all other residential, commercial, and industrial |
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construction. |
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(b-1) If the State Energy Conservation Office determines, |
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based on written recommendations from the laboratory, that the |
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latest published [edition of the] International Residential Code |
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energy efficiency provisions or the latest published edition of the |
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International Energy Conservation Code will result in residential |
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or commercial sector energy efficiency and air quality impact |
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overall that is equivalent to or better than the energy efficiency |
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and air quality achievable under the editions adopted under |
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Subsection (a) or (b), the office may by rule adopt the equivalent |
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or more stringent editions and substitute them for the energy codes |
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described by Subsection (a) or (b). The rule, if adopted, shall |
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establish an effective date for the new energy codes but not earlier |
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than nine months after the date of adoption. The laboratory shall |
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make its recommendations not later than six months after |
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publication of new editions at the end of each three-year code |
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development cycle of the International Residential Code and the |
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International Energy Conservation Code. |
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(b-2) The State Energy Conservation Office by rule shall |
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establish a procedure for persons who have an interest in the |
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adoption of energy codes under Subsection (b-1) to have an |
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opportunity to comment on the codes under consideration. The |
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office shall consider persons who have an interest in adoption of |
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those codes to include: |
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(1) commercial and residential builders, architects, |
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and engineers; |
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(2) municipal, county, and other local government |
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authorities; and |
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(3) environmental groups. |
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(b-3) In developing written recommendations under |
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Subsection (b-1), the laboratory shall consider the comments |
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submitted under Subsection (b-2). |
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(c) A municipality shall establish procedures: |
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(1) for the administration and enforcement of the |
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codes; and |
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(2) to ensure that code-certified inspectors or |
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approved energy efficiency program verifiers shall perform |
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inspections and enforce the code in the inspectors' jurisdictions. |
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(d) A municipality or county may establish procedures to |
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adopt local amendments to the International Energy Conservation |
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Code and the energy efficiency provisions [chapter] of the |
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International Residential Code. |
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(e) Local amendments may not result in less stringent |
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overall energy efficiency requirements [in nonattainment areas and
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in affected counties] than the energy efficiency chapter of the |
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International Residential Code or International Energy |
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Conservation Code. Local amendments must comply with the National |
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Appliance Energy Conservation Act of 1987 (42 U.S.C. Sections |
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6291-6309), as amended. The laboratory, at the request of a |
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municipality or county, shall determine the relative impact of |
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proposed local amendments to an energy code, including whether |
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proposed amendments are substantially equal to or less stringent |
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than the unamended code. [For the purpose of establishing uniform
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requirements throughout a region, and on request of a council of
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governments, a county, or a municipality, the laboratory may
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recommend a climatically appropriate modification or a climate zone
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designation for a county or group of counties that is different from
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the climate zone designation in the unamended code.] The |
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laboratory shall: |
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(1) report its findings to the council, county, or |
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municipality, including an estimate of any energy savings potential |
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above the base code from local amendments; and |
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(2) annually submit a report to the commission: |
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(A) identifying the municipalities and counties |
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whose codes are more stringent than the unamended code, and whose |
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codes are equally stringent or less stringent than the unamended |
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code; and |
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(B) quantifying energy savings and emissions |
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reductions from this program. |
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(f) Each municipality, and each county that has established |
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procedures under Subsection (d), shall periodically review and |
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consider revisions made by the International Code Council to the |
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International Energy Conservation Code and the energy efficiency |
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chapter of the International Residential Code adopted after May 1, |
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2009 [2001]. |
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(g) The laboratory shall have the authority to set and |
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collect fees to perform certain tasks in support of the |
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requirements in Sections 388.004, 388.007, and 388.008. |
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(h) Within the boundaries of an airport operated by a joint |
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board created under Subchapter D, Chapter 22, Transportation Code, |
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the constituent agencies of which are populous home-rule |
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municipalities, the powers of a municipality under this section are |
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exclusively the powers of the joint board. |
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(i) A building certified by a national, state, or local |
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accredited energy efficiency program and determined by the |
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laboratory to be in compliance with the energy efficiency |
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requirements of this section may, at the option of the |
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municipality, be considered in compliance. The United States |
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Environmental Protection Agency's Energy Star Program |
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certification of energy code equivalency shall be considered in |
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compliance. |
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SECTION 2. The heading to Chapter 46, Education Code, is |
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amended to read as follows: |
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CHAPTER 46. [ASSISTANCE WITH] INSTRUCTIONAL FACILITIES AND |
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ASSISTANCE WITH PAYMENT OF EXISTING DEBT |
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SECTION 3. Chapter 46, Education Code, is amended by adding |
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Subchapter D to read as follows: |
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SUBCHAPTER D. STANDARDS FOR INSTRUCTIONAL FACILITIES |
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Sec. 46.101. DEFINITION. In this subchapter, |
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"instructional facility" has the meaning assigned by Section |
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46.001. |
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Sec. 46.102. ENERGY EFFICIENCY AND CONSERVATION STANDARDS |
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FOR INSTRUCTIONAL FACILITIES. (a) In this section, "energy |
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office" means the State Energy Conservation Office. |
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(b) The energy office shall adopt energy efficiency and |
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conservation standards for the design, construction, and major |
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renovation of instructional facilities that school districts may |
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adopt or use to achieve long-term savings in energy and water costs |
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through innovative building techniques. |
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(c) The standards adopted under Subsection (b) must match |
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high-performance building certification standards that: |
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(1) are developed and revised through a |
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consensus-based process or by a municipally owned utility in this |
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state; |
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(2) provide minimum requirements for energy use, |
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natural resources use, and indoor air quality; |
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(3) require substantiating documentation for |
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certification; |
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(4) employ third-party, post-construction review and |
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verification for certification; and |
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(5) the energy office determines are nationally |
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recognized in the building industry, such as: |
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(A) the Texas Collaborative for High Performance |
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Schools (TX-CHPS) Criteria; |
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(B) the Green Building Initiative's Green Globes |
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program; |
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(C) the Leadership in Energy and Environmental |
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Design (LEED) Green Building Rating System; or |
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(D) the Austin Energy Green Building Program. |
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(d) The energy office may update the standards adopted under |
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this section not more frequently than once every three years. |
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(e) The energy office shall prepare an analysis of the |
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typical initial building costs and projected energy and other |
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savings associated with the implementation of the standards adopted |
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by the energy office under this section. The office shall publish |
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the analysis and make copies available to all school districts in |
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this state. |
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(f) The energy office shall adopt rules necessary to |
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administer this section. |
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Sec. 46.103. STATE AND FEDERAL FUNDS. The energy office |
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shall, to the extent possible, assist school districts to obtain |
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state and federal funding for implementing the standards adopted |
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under this subchapter. |
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SECTION 4. Not later than July 1, 2010, the State Energy |
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Conservation Office shall adopt rules establishing energy |
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efficiency, conservation, and indoor air quality standards for the |
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design, construction, and renovation of public school |
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instructional facilities as required by Section 46.102, Education |
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Code, as added by this Act. |
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SECTION 5. This Act takes effect September 1, 2009. |