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SECTION 1. Section 51.927,
Education Code, is amended by amending Subsections (i) and (l) and adding
Subsections (i-1) and (i-2) to read as follows:
(i) An energy savings
performance contract shall be let according to the procedures established
for procuring certain professional services by Section 2254.004, Government
Code. Notice of the request for qualifications shall be given in the manner
provided by Section 2156.002, Government Code. The [Texas Higher
Education Coordinating Board, in consultation with the] State Energy
Conservation Office [with regard to energy and water conservation
measures,] shall establish guidelines and an approval process for
awarding energy savings performance contracts under this section.
(i-1) The guidelines established
under Subsection (i) must require that the cost savings projected by an
offeror be reviewed by a licensed professional engineer who has a minimum
of three years of experience in energy calculation and review, is not an
officer or employee of an offeror for the contract under review, and is not
otherwise associated with the contract. In conducting the review, the
engineer shall focus primarily on the proposed improvements from an
engineering perspective, the methodology and calculations related to cost
savings, increases in revenue, and, if applicable, efficiency or accuracy of
metering equipment. An engineer who reviews a contract shall maintain the
confidentiality of any proprietary information the engineer acquires while
reviewing the contract. Sections 1001.053 and 1001.407, Occupations
Code, apply to work performed under the contract.
(i-2) The board may not
enter into an energy savings performance contract unless the contract has
been [A contract is not required to be reviewed or] approved by
the State Energy Conservation Office. The
contract is not required to be reviewed or approved by the Texas
Higher Education Coordinating Board. However,
the coordinating board may review energy savings performance contracts in
performing the duties of the coordinating board under Section 61.058
[Sections 1001.053 and 1001.407, Occupations Code, apply to work
performed under the contract].
(l) The guidelines
established under Subsection (i) must require the State Energy
Conservation Office [Texas Higher Education Coordinating Board]
to:
(1) review any reports
submitted to the office [board] that measure and verify cost
savings to an institution of higher education under an energy savings
performance contract; and
(2) based on the reports,
provide an analysis, on a periodic basis, of the cost savings under the
energy savings performance contract to the governing board of the
institution of higher education and the Legislative Budget Board until the
governing board of the institution of higher education determines that the
analysis is no longer required to accurately measure cost savings.
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SECTION 1. Section 51.927,
Education Code, is amended by amending Subsections (i) and (l) and adding
Subsections (i-1) and (i-2) to read as follows:
(i) An energy savings
performance contract shall be let according to the procedures established
for procuring certain professional services by Section 2254.004, Government
Code. Notice of the request for qualifications shall be given in the manner
provided by Section 2156.002, Government Code. The [Texas Higher
Education Coordinating Board, in consultation with the] State Energy
Conservation Office [with regard to energy and water conservation
measures,] shall establish guidelines and an approval process for
awarding energy savings performance contracts under this section.
(i-1) The guidelines established
under Subsection (i) must require that the cost savings projected by an
offeror be reviewed by a licensed professional engineer who has a minimum
of three years of experience in energy calculation and review, is not an
officer or employee of an offeror for the contract under review, and is not
otherwise associated with the contract. In conducting the review, the
engineer shall focus primarily on the proposed improvements from an
engineering perspective, the methodology and calculations related to cost
savings, increases in revenue, and, if applicable, efficiency or accuracy
of metering equipment. An engineer who reviews a contract shall maintain
the confidentiality of any proprietary information the engineer acquires
while reviewing the contract. Sections 1001.053 and 1001.407,
Occupations Code, apply to work performed under the contract.
(i-2) The board may not
enter into an energy savings performance contract unless the contract has
been [A contract is not required to be reviewed or] approved by
the State Energy Conservation Office. The
contract may not be reviewed by the Texas Higher Education
Coordinating Board, regardless of any
duties of the coordinating board that exist under Section 61.058 with
respect to the construction, repair, or rehabilitation of buildings and
facilities at public institutions of higher education [Sections
1001.053 and 1001.407, Occupations Code, apply to work performed under the
contract].
(l) The guidelines
established under Subsection (i) must require the State Energy
Conservation Office [Texas Higher Education Coordinating Board]
to:
(1) review any reports
submitted to the office [board] that measure and verify cost
savings to an institution of higher education under an energy savings
performance contract; and
(2) based on the reports, provide
an analysis, on a periodic basis, of the cost savings under the energy
savings performance contract to the governing board of the institution of
higher education and the Legislative Budget Board until the governing board
of the institution of higher education determines that the analysis is no
longer required to accurately measure cost savings.
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