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A BILL TO BE ENTITLED
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AN ACT
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relating to design, construction, and renovation standards for |
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state buildings and facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The purpose of this Act is to implement |
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high-performance building standards in the design and construction |
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or renovation of state buildings in order to realize utility cost |
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savings and operating cost savings to the state. |
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SECTION 2. Subchapter I, Chapter 2166, Government Code, is |
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amended by adding Section 2166.407 to read as follows: |
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Sec. 2166.407. HIGH-PERFORMANCE, SUSTAINABLE DESIGN, |
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CONSTRUCTION, AND RENOVATION STANDARDS FOR STATE BUILDINGS. |
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(a) This section applies to the construction of a state building, |
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or the renovation of a state building the cost of which is more than |
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50 percent of the value of the building, including a building for |
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education, assembly, or office occupancy under the charge and |
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control of the Texas Department of Transportation, the Parks and |
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Wildlife Department, the Texas Department of Housing and Community |
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Affairs, the Texas State Affordable Housing Corporation, or the |
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Veterans' Land Board that is otherwise exempt from this chapter |
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under Section 2166.003. This section does not apply to a facility |
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under the charge and control of the Texas Department of Criminal |
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Justice or the Texas Youth Commission. |
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(b) A building to which this section applies must be |
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designed and constructed or renovated so that the building meets a |
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high-performance building standard approved by the commission |
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that: |
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(1) is developed and revised through a nationally |
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recognized consensus-based process or by a municipally owned |
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utility in this state; |
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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) requires an on-site, third-party, |
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post-construction review and verification for certification or a |
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third-party, post-construction, rigorous review of documentation |
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and verification for certification; and |
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(5) encourages the use of materials or products |
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manufactured or produced in this state. |
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(c) The commission shall appoint an advisory committee to |
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advise the commission in determining which high-performance |
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building standards to approve for use under Subsection (b). At |
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least once each year, the advisory committee shall review available |
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high-performance building standards and make recommendations to |
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the commission. The advisory committee consists of: |
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(1) the director of facilities construction and space |
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management appointed under Section 2152.104, who serves as the |
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presiding officer of the committee; |
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(2) six individuals with experience and expertise in |
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high-performance buildings or related products, including |
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experience and expertise in energy efficiency, water efficiency, or |
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low-impact site development, with one individual selected from each |
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of the following lists of nominees: |
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(A) a list submitted by the president of the |
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Texas Society of Architects; |
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(B) a list submitted by the presidents of the |
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Texas Council of Engineering Companies and Texas Society of |
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Professional Engineers; |
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(C) a list submitted by the president of the |
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Associated Builders and Contractors of Texas and the presiding |
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officer of the executive committee of the Associated General |
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Contractors, Texas Building Branch; |
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(D) a list submitted by the president of the |
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Texas chapter of the American Society of Landscape Architects; |
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(E) a list submitted by the president of the |
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Texas Chemical Council; and |
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(F) a list of registered interior designers |
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submitted by the president of the Texas Association for Interior |
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Design; |
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(3) one individual appointed by the comptroller who |
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represents the State Energy Conservation Office; |
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(4) one individual representing a state agency that |
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has a substantial ongoing construction program; and |
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(5) one individual representing the interests of |
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historically underutilized businesses. |
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(d) In addition to meeting the requirements of Subsection |
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(b), a building to which this section applies must be designed and |
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constructed or renovated so that the building: |
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(1) meets the American Society of Heating, |
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Refrigerating and Air-Conditioning Engineers energy standards in |
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effect on September 1, 2011, or the International Energy |
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Conservation Code in effect on September 1, 2011, or an updated |
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version of those standards or that code adopted by the State Energy |
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Conservation Office under Subsection (e), if applicable; and |
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(2) achieves a 15 percent reduction in water use when |
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compared to water use based on plumbing fixtures selected in |
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accordance with the Energy Policy Act of 1992 (Pub. L. No. 102-486). |
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(e) If the State Energy Conservation Office determines, |
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based on written recommendations from the Energy Systems Laboratory |
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at the Texas Engineering Experiment Station of The Texas A&M |
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University System, that the latest published edition of the |
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Heating, Refrigerating and Air-Conditioning Engineers energy |
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standards or the International Energy Conservation Code will result |
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in energy efficiency and air quality that is equivalent to or better |
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than the energy efficiency and air quality achievable under the |
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editions described by Subsection (d)(1), the office by rule shall |
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adopt the equivalent or more stringent editions and substitute them |
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for the standards or code described by Subsection (d)(1). The rule, |
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if adopted, must establish an effective date for the new standards |
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or code but not earlier than nine months after the date of adoption. |
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The laboratory shall make its recommendations not later than six |
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months after the date of publication of the new editions. |
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(f) A contract between the commission and a private design |
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professional relating to services in connection with the |
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construction or renovation of a building to which this section |
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applies must provide that, for billing purposes, any service |
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provided by the private design professional that is necessary to |
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satisfy the requirements of Subsection (b) or (d) is considered an |
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additional service rather than a basic service. |
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SECTION 3. Subchapter B, Chapter 55, Education Code, is |
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amended by adding Section 55.115 to read as follows: |
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Sec. 55.115. HIGH-PERFORMANCE, SUSTAINABLE DESIGN, |
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CONSTRUCTION, AND RENOVATION STANDARDS FOR CERTAIN FACILITIES. |
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(a) This section applies to the construction of an institution of |
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higher education building, structure, or other facility, or the |
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renovation of a building, structure, or other facility the cost of |
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which is more than 50 percent of the value of the building, |
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structure, or other facility, any part of the construction or |
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renovation of which is financed by revenue bonds issued under this |
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subchapter. |
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(b) A building, structure, or other facility to which this |
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section applies must be designed and constructed or renovated so |
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that the building, structure, or other facility complies with |
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high-performance building standards, approved by the board of |
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regents of the institution, that provide minimum requirements for |
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energy use, natural resources use, and indoor air quality in order |
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to realize savings to the institution in utility costs and other |
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operating costs. In approving high-performance building |
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standards, a board of regents shall consider the standards approved |
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by the Texas Facilities Commission under Section 2166.407, |
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Government Code, and may solicit and consider recommendations from |
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the advisory committee appointed under that section. |
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(c) In addition to meeting the requirements of Subsection |
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(b), a building, structure, or other facility to which this section |
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applies must be designed and constructed or renovated to comply |
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with the applicable energy and water conservation design standards |
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established by the State Energy Conservation Office under Section |
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447.004, Government Code. |
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SECTION 4. Section 55.115, Education Code, and Section |
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2166.407, Government Code, as added by this Act, apply only to an |
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institution of higher education building, structure, or other |
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facility or a state building for which the contract for design |
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services is entered into on or after September 1, 2013. |
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SECTION 5. This Act takes effect September 1, 2011. |