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A BILL TO BE ENTITLED
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AN ACT
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relating to energy savings performance contracts entered into by |
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public institutions of higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.927, Education Code, is amended by |
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amending Subsections (i) and (l) and adding Subsections (i-1) and |
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(i-2) to read as follows: |
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(i) An energy savings performance contract shall be let |
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according to the procedures established for procuring certain |
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professional services by Section 2254.004, Government Code. Notice |
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of the request for qualifications shall be given in the manner |
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provided by Section 2156.002, Government Code. The [Texas Higher
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Education Coordinating Board, in consultation with the] State |
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Energy Conservation Office [with regard to energy and water
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conservation measures,] shall establish guidelines and an approval |
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process for awarding energy savings performance contracts under |
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this section. |
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(i-1) The guidelines established under Subsection (i) must |
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require that the cost savings projected by an offeror be reviewed by |
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a licensed professional engineer who has a minimum of three years of |
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experience in energy calculation and review, is not an officer or |
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employee of an offeror for the contract under review, and is not |
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otherwise associated with the contract. In conducting the review, |
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the engineer shall focus primarily on the proposed improvements |
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from an engineering perspective, the methodology and calculations |
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related to cost savings, increases in revenue, and, if applicable, |
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efficiency or accuracy of metering equipment. An engineer who |
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reviews a contract shall maintain the confidentiality of any |
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proprietary information the engineer acquires while reviewing the |
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contract. Sections 1001.053 and 1001.407, Occupations Code, apply |
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to work performed under the contract. |
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(i-2) The board may not enter into an energy savings |
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performance contract unless the contract has been [A contract is
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not required to be reviewed or] approved by the State Energy |
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Conservation Office. The contract may not be reviewed by the Texas |
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Higher Education Coordinating Board, regardless of any duties of |
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the coordinating board that exist under Section 61.058 with respect |
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to the construction, repair, or rehabilitation of buildings and |
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facilities at public institutions of higher education [Sections
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1001.053 and 1001.407, Occupations Code, apply to work performed
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under the contract]. |
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(l) The guidelines established under Subsection (i) must |
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require the State Energy Conservation Office [Texas Higher
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Education Coordinating Board] to: |
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(1) review any reports submitted to the office [board] |
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that measure and verify cost savings to an institution of higher |
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education under an energy savings performance contract; and |
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(2) based on the reports, provide an analysis, on a |
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periodic basis, of the cost savings under the energy savings |
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performance contract to the governing board of the institution of |
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higher education and the Legislative Budget Board until the |
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governing board of the institution of higher education determines |
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that the analysis is no longer required to accurately measure cost |
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savings. |
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SECTION 2. The change in law made by this Act to Section |
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51.927, Education Code, does not apply to an energy savings |
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performance contract submitted for approval by the Texas Higher |
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Education Coordinating Board under that section before the |
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effective date of this Act, and the former law governing the |
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approval of that contract is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |