| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to design and construction standards for newly constructed |
|
|
state buildings, public school facilities, and higher education |
|
|
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 AND |
|
|
CONSTRUCTION SPECIFICATIONS FOR NEW STATE BUILDING. (a) This |
|
|
section applies to the construction of a state building, including |
|
|
a building construction project 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. |
|
|
(b) A building to which this section applies must be |
|
|
designed and constructed 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. |
|
|
(c) 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 (b) do not |
|
|
apply to that type of building; or |
|
|
(2) there is no practical way to apply the standards |
|
|
described by Subsection (b) to the design and construction of that |
|
|
type of building. |
|
|
(d) 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 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 in the |
|
|
manner provided by Subsection (b); and |
|
|
(C) any recommendations the commission considers |
|
|
appropriate. |
|
|
SECTION 2. Subchapter Z, Chapter 44, Education Code, is |
|
|
amended by adding Section 44.904 to read as follows: |
|
|
Sec. 44.904. HIGH-PERFORMANCE, SUSTAINABLE DESIGN AND |
|
|
CONSTRUCTION SPECIFICATIONS FOR CERTAIN NEWLY CONSTRUCTED |
|
|
FACILITIES. (a) In this section, "instructional facility" has the |
|
|
meaning assigned by Section 46.001. |
|
|
(b) This section applies to a newly constructed |
|
|
instructional facility of a school district. |
|
|
(c) A facility to which this section applies must be |
|
|
designed and constructed so that the facility 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 agency 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 facility if the agency |
|
|
determines that: |
|
|
(1) the standards described by Subsection (c) do not |
|
|
apply to that type of facility; or |
|
|
(2) there is no practical way to apply the standards |
|
|
described by Subsection (c) to the design and construction of that |
|
|
type of facility. |
|
|
(e) The agency shall: |
|
|
(1) monitor and document: |
|
|
(A) each district's compliance with this |
|
|
section; and |
|
|
(B) any operating savings resulting from the |
|
|
design and construction of facilities 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 agency's findings under Subdivision (1); |
|
|
(B) any instances in which, and the reasons for |
|
|
which, a facility was not designed and constructed in the manner |
|
|
provided by Subsection (c); and |
|
|
(C) any recommendations the agency considers |
|
|
appropriate. |
|
|
SECTION 3. Subchapter C, Chapter 61, Education Code, is |
|
|
amended by adding Section 61.0584 to read as follows: |
|
|
Sec. 61.0584. HIGH-PERFORMANCE, SUSTAINABLE DESIGN AND |
|
|
CONSTRUCTION SPECIFICATIONS FOR CERTAIN NEWLY CONSTRUCTED |
|
|
FACILITIES. (a) This section applies to a newly constructed |
|
|
facility of an institution of higher education. |
|
|
(b) A facility to which this section applies must be |
|
|
designed and constructed so that the facility 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. |
|
|
(c) The board 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 facility if the board |
|
|
determines that: |
|
|
(1) the standards described by Subsection (b) do not |
|
|
apply to that type of facility; or |
|
|
(2) there is no practical way to apply the standards |
|
|
described by Subsection (b) to the design and construction of that |
|
|
type of facility. |
|
|
(d) The board shall: |
|
|
(1) monitor and document: |
|
|
(A) each institution's compliance with this |
|
|
section; and |
|
|
(B) any operating savings resulting from the |
|
|
design and construction of facilities 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 board's findings under Subdivision (1); |
|
|
(B) any instances in which, and the reasons for |
|
|
which, a facility was not designed and constructed in the manner |
|
|
provided by Subsection (b); and |
|
|
(C) any recommendations the board considers |
|
|
appropriate. |
|
|
SECTION 4. (a) The Texas Facilities Commission shall |
|
|
establish and appoint members to an advisory committee to make |
|
|
recommendations to and advise the commission on the implementation |
|
|
of the design and construction specifications required by this Act. |
|
|
The advisory committee must include representatives of: |
|
|
(1) the design and construction industry involved in |
|
|
public building contracts; |
|
|
(2) the Texas Education Agency; |
|
|
(3) the Texas Higher Education Coordinating Board; |
|
|
(4) institutions of higher education; and |
|
|
(5) public school districts. |
|
|
(b) This section expires and the advisory committee is |
|
|
abolished September 1, 2011. |
|
|
SECTION 5. (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 and student |
|
|
performance 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 6. Sections 44.904 and 61.0584, Education Code, and |
|
|
Section 2166.409, Government Code, as added by this Act, apply only |
|
|
to the construction of a facility or building for which the contract |
|
|
for design services is entered into on or after September 1, 2009. |
|
|
SECTION 7. This Act takes effect September 1, 2009. |