81R626 BEF-D
 
  By: Hinojosa S.B. No. 267
 
 
 
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.
         (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 that:
               (1)  is developed and revised through a consensus-based
  process;
               (2)  provides minimum requirements for energy use,
  natural resources use, and indoor air quality;
               (3)  requires substantiating documentation for
  certification;
               (4)  employs third-party, post-construction review and
  verification for certification; and
               (5)  is determined by the state energy conservation
  office to be nationally recognized in the building industry.
         (c)  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) 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 achieves
  certification under a high-performance building standard that:
               (1)  is developed and revised through a consensus-based
  process;
               (2)  provides minimum requirements for energy use,
  natural resources use, and indoor air quality;
               (3)  requires substantiating documentation for
  certification;
               (4)  employs third-party, post-construction review and
  verification for certification; and
               (5)  is determined by the state energy conservation
  office to be nationally recognized in the building industry.
         (c)  A contract between an institution of higher education
  and a private design professional, as defined by Section 2166.001,
  Government Code, relating to services in connection with the
  construction or renovation of a building, structure, or other
  facility 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) is considered an additional service rather than a
  basic service.
         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.