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A BILL TO BE ENTITLED
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AN ACT
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relating to the adoption and financing of energy efficiency, |
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conservation, and indoor air quality standards for the design, |
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construction, and renovation of public school 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. 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 2. 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 to enable school districts |
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to achieve long-term savings in energy and water costs through |
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innovative building techniques. |
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(c) A building to which this section applies must be |
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designed and constructed or renovated so that the building achieves |
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certification under a high-performance building standard that: |
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(1) is developed and revised through a consensus-based |
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process; |
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(2) provides minimum requirements for energy use, |
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natural resources use, and indoor air quality; |
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(3) requires substantiating documentation for |
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certification; |
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(4) employs third-party, post-construction review and |
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verification for certification; and |
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(5) is determined by the energy office to be |
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nationally recognized in the building industry, such as: |
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(i) the Texas Collaborative for High Performance |
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Schools (TX-CHPS) Criteria; |
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(ii) the Green Building Initiative's Green |
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Globes program; or |
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(iii) the Leadership in Energy and Environmental |
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Design (LEED) Green Building Rating System. |
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(d) A school district that constructs a new instructional |
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facility or conducts a major renovation of an existing |
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instructional facility shall ensure that the instructional |
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facility meets the standards adopted by the energy office under |
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this section. |
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(e) The energy office may update the standards adopted under |
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this section not more frequently than once every three years. A |
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standard adopted under this section does not become effective until |
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the first anniversary of the date on which the standard was adopted. |
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(f) The energy office shall adopt rules necessary to |
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administer this section. The energy office shall require all rules |
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to be reviewed and published for comment by an advisory panel prior |
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to adoption. The advisory panel, to be appointed by the |
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Commissioner of Education, shall include: |
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(i) two superintendents or their designee; |
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(ii) one public school architect; |
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(iii) one public school engineer; and |
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(iv) one public school trustee. |
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SECTION 3. Section 44.902, Education Code, is amended to |
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read as follows: |
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Sec. 44.902. GOAL TO REDUCE CONSUMPTION OF ELECTRIC |
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ENERGY. The board of trustees of a school district may [shall] |
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establish a goal to reduce the school district's annual electric |
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consumption by five percent each state fiscal year for six years |
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beginning September 1, 2007. |
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SECTION 4. Section 46.003(a), Education Code, is amended to |
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read as follows: |
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(a) For each year, except as provided by Sections 46.005 and |
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46.006, a school district is guaranteed a specified amount per |
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student in state and local funds for each cent of tax effort, up to |
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the maximum rate under Subsection (b), to pay the principal of and |
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interest on eligible bonds issued to construct, acquire, renovate, |
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or improve an instructional facility. The amount of state support |
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is determined by the formula: |
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FYA = (FYL X ADA X BTR X 100) - (BTR X (DPV/100)) |
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where: |
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"FYA" is the guaranteed facilities yield amount of state |
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funds allocated to the district for the year; |
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"FYL" is the dollar amount guaranteed level of state and |
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local funds per student per cent of tax effort, which is $50 [$35] |
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or a greater amount for any year provided by appropriation; |
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"ADA" is the greater of the number of students in average |
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daily attendance, as determined under Section 42.005, in the |
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district or 400; |
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"BTR" is the district's bond tax rate for the current year, |
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which is determined by dividing the amount budgeted by the district |
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for payment of eligible bonds by the quotient of the district's |
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taxable value of property as determined under Subchapter M, Chapter |
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403, Government Code, or, if applicable, Section 42.2521, divided |
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by 100; and |
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"DPV" is the district's taxable value of property as |
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determined under Subchapter M, Chapter 403, Government Code, or, if |
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applicable, Section 42.2521. |
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SECTION 5. Section 46.032(a), Education Code, is amended to |
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read as follows: |
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(a) Each school district is guaranteed a specified amount |
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per student in state and local funds for each cent of tax effort to |
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pay the principal of and interest on eligible bonds. The amount of |
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state support, subject only to the maximum amount under Section |
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46.034, is determined by the formula: |
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EDA = (EDGL X ADA X EDTR X 100) - (EDTR X (DPV/100)) |
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where: |
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"EDA" is the amount of state funds to be allocated to the |
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district for assistance with existing debt; |
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"EDGL" is the dollar amount guaranteed level of state and |
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local funds per student per cent of tax effort, which is $50 [$35] |
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or a greater amount for any year provided by appropriation; |
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"ADA" is the number of students in average daily attendance, |
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as determined under Section 42.005, in the district; |
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"EDTR" is the existing debt tax rate of the district, which is |
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determined by dividing the amount budgeted by the district for |
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payment of eligible bonds by the quotient of the district's taxable |
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value of property as determined under Subchapter M, Chapter 403, |
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Government Code, or, if applicable, under Section 42.2521, divided |
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by 100; and |
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"DPV" is the district's taxable value of property as |
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determined under Subchapter M, Chapter 403, Government Code, or, if |
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applicable, under Section 42.2521. |
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SECTION 6. 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 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |