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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. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 44.901(a) and (f-1), Education Code, |
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are amended to read as follows: |
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(a) In this section, "energy savings performance contract" |
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has the meaning assigned by Section 302.001, Local Government Code |
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[means a contract for energy or water conservation measures to
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reduce energy or water consumption or operating costs of new or
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existing school facilities in which the estimated savings in
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utility costs resulting from the measures is guaranteed to offset
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the cost of the measures over a specified period.
The term includes
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a contract for the installation or implementation of:
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[(1)
insulation of a building structure and systems
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within the building;
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[(2)
storm windows or doors, caulking or
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weatherstripping, multiglazed windows or doors, heat absorbing or
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heat reflective glazed and coated window or door systems, or other
|
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window or door system modifications that reduce energy consumption;
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[(3)
automatic energy control systems, including
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computer software and technical data licenses;
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[(4)
heating, ventilating, or air-conditioning system
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modifications or replacements that reduce energy or water
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consumption;
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[(5)
lighting fixtures that increase energy
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efficiency;
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[(6) energy recovery systems;
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[(7) electric systems improvements;
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[(8)
water-conserving fixtures, appliances, and
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equipment or the substitution of non-water-using fixtures,
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appliances, and equipment;
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[(9) water-conserving landscape irrigation equipment;
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[(10)
landscaping measures that reduce watering
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demands and capture and hold applied water and rainfall, including:
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[(A)
landscape contouring, including the use of
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berms, swales, and terraces; and
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[(B)
the use of soil amendments that increase the
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water-holding capacity of the soil, including compost;
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[(11)
rainwater harvesting equipment and equipment to
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make use of water collected as part of a storm-water system
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installed for water quality control;
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[(12)
equipment for recycling or reuse of water
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originating on the premises or from other sources, including
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treated municipal effluent;
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[(13)
equipment needed to capture water from
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nonconventional, alternate sources, including air conditioning
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condensate or graywater, for nonpotable uses;
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[(14)
metering equipment needed to segregate water use
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in order to identify water conservation opportunities or verify
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water savings; or
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[(15)
other energy or water conservation-related
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improvements or equipment, including improvements or equipment
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relating to renewable energy or nonconventional water sources or
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water reuse]. |
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(f-1) Notwithstanding other law, the board may use any |
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available money[, other than money borrowed from this state,] to |
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pay the provider of the energy or water conservation measures under |
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this section, and the board is not required to pay for such costs |
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solely out of the savings realized by the school district under an |
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energy savings performance contract. The board may contract with |
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the provider to perform work that is related to, connected with, or |
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otherwise ancillary to the measures identified in the scope of an |
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energy savings performance contract. |
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SECTION 2. Sections 51.927(a) and (g-1), Education Code, |
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are amended to read as follows: |
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(a) In this section, "energy savings performance contract" |
|
has the meaning assigned by Section 302.001, Local Government Code |
|
[means a contract for energy or water conservation measures to
|
|
reduce energy or water consumption or operating costs of new or
|
|
existing institutional facilities in which the estimated savings in
|
|
utility costs resulting from the measures is guaranteed to offset
|
|
the cost of the measures over a specified period.
The term includes
|
|
a contract for the installation or implementation of:
|
|
[(1)
insulation of a building structure and systems
|
|
within a building;
|
|
[(2)
storm windows or doors, caulking or weather
|
|
stripping, multiglazed windows or doors, heat-absorbing or
|
|
heat-reflective glazed and coated window or door systems, or other
|
|
window or door system modifications that reduce energy consumption;
|
|
[(3)
automatic energy control systems, including
|
|
computer software and technical data licenses;
|
|
[(4)
heating, ventilating, or air conditioning system
|
|
modifications or replacements that reduce energy or water
|
|
consumption;
|
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[(5)
lighting fixtures that increase energy
|
|
efficiency;
|
|
[(6) energy recovery systems;
|
|
[(7) electric systems improvements;
|
|
[(8)
water-conserving fixtures, appliances, and
|
|
equipment or the substitution of non-water-using fixtures,
|
|
appliances, and equipment;
|
|
[(9) water-conserving landscape irrigation equipment;
|
|
[(10)
landscaping measures that reduce watering
|
|
demands and capture and hold applied water and rainfall, including:
|
|
[(A)
landscape contouring, including the use of
|
|
berms, swales, and terraces; and
|
|
[(B)
the use of soil amendments that increase the
|
|
water-holding capacity of the soil, including compost;
|
|
[(11)
rainwater harvesting equipment and equipment to
|
|
make use of water collected as part of a storm-water system
|
|
installed for water quality control;
|
|
[(12)
equipment for recycling or reuse of water
|
|
originating on the premises or from other sources, including
|
|
treated municipal effluent;
|
|
[(13)
equipment needed to capture water from
|
|
nonconventional, alternate sources, including air conditioning
|
|
condensate or graywater, for nonpotable uses;
|
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[(14)
metering equipment needed to segregate water use
|
|
in order to identify water conservation opportunities or verify
|
|
water savings; or
|
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[(15)
other energy or water conservation-related
|
|
improvements or equipment, including improvements or equipment
|
|
related to renewable energy or nonconventional water sources or
|
|
water reuse]. |
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(g-1) Notwithstanding other law, the board may use any |
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available money[, other than money borrowed from this state,] to |
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pay the provider of the energy or water conservation measures under |
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this section, and the board is not required to pay for such costs |
|
solely out of the savings realized by the institution of higher |
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education under an energy savings performance contract. The board |
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may contract with the provider to perform work that is related to, |
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connected with, or otherwise ancillary to the measures identified |
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in the scope of an energy savings performance contract. |
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SECTION 3. Sections 2166.406(a) and (f-1), Government Code, |
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are amended to read as follows: |
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(a) In this section, "energy savings performance contract" |
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has the meaning assigned by Section 302.001, Local Government Code |
|
[means a contract for energy or water conservation measures to
|
|
reduce energy or water consumption or operating costs of new or
|
|
existing governmental facilities in which the estimated savings in
|
|
utility costs resulting from the measures is guaranteed to offset
|
|
the cost of the measures over a specified period.
The term includes
|
|
a contract for the installation of:
|
|
[(1)
insulation of a building structure and systems
|
|
within the building;
|
|
[(2)
storm windows or doors, caulking or weather
|
|
stripping, multiglazed windows or doors, heat absorbing or heat
|
|
reflective glazed and coated window or door systems, or other
|
|
window or door system modifications that reduce energy consumption;
|
|
[(3)
automatic energy control systems, including
|
|
computer software and technical data licenses;
|
|
[(4)
heating, ventilating, or air-conditioning system
|
|
modifications or replacements that reduce energy or water
|
|
consumption;
|
|
[(5)
lighting fixtures that increase energy
|
|
efficiency;
|
|
[(6) energy recovery systems;
|
|
[(7) electric systems improvements;
|
|
[(8)
water-conserving fixtures, appliances, and
|
|
equipment or the substitution of non-water-using fixtures,
|
|
appliances, and equipment;
|
|
[(9) water-conserving landscape irrigation equipment;
|
|
[(10)
landscaping measures that reduce watering
|
|
demands and capture and hold applied water and rainfall, including:
|
|
[(A)
landscape contouring, including the use of
|
|
berms, swales, and terraces; and
|
|
[(B)
the use of soil amendments that increase the
|
|
water-holding capacity of the soil, including compost;
|
|
[(11)
rainwater harvesting equipment and equipment to
|
|
make use of water collected as part of a storm-water system
|
|
installed for water quality control;
|
|
[(12)
equipment for recycling or reuse of water
|
|
originating on the premises or from other sources, including
|
|
treated municipal effluent;
|
|
[(13)
equipment needed to capture water from
|
|
nonconventional, alternate sources, including air conditioning
|
|
condensate or graywater, for nonpotable uses;
|
|
[(14)
metering equipment needed to segregate water use
|
|
in order to identify water conservation opportunities or verify
|
|
water savings; or
|
|
[(15)
other energy or water conservation-related
|
|
improvements or equipment including improvements or equipment
|
|
related to renewable energy or nonconventional water sources or
|
|
water reuse]. |
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(f-1) Notwithstanding other law, the state agency may use |
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any available money[, other than money borrowed from this state,] |
|
to pay the provider of the energy or water conservation measures |
|
under this section, and the state agency is not required to pay for |
|
such costs solely out of the savings realized by the state agency |
|
under an energy savings performance contract. The state agency may |
|
contract with the provider to perform work that is related to, |
|
connected with, or otherwise ancillary to the measures identified |
|
in the scope of an energy savings performance contract. |
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SECTION 4. Sections 302.001(1), (3), and (4), Local |
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Government Code, are amended to read as follows: |
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(1) "Baseline" means a calculation or set of |
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calculations in an energy savings performance contract that: |
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(A) may be based on: |
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(i) historical costs, revenues, accuracy, |
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or related components; or |
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(ii) avoided anticipated costs; and |
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(B) may be used for determining: |
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(i) [(A)] the costs for energy or water |
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usage [by a local government] and related net operating costs; |
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(ii) [(B)] the billable revenues from |
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providing energy, water, or other utilities to users; or |
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(iii) [(C)] the efficiency or accuracy of |
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metering or related equipment, systems, or processes or procedures. |
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(3) "Energy savings" means an estimated reduction in |
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net fuel costs, energy costs, water costs, stormwater fees, or |
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other utility costs, or related net operating costs, including |
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costs for anticipated equipment replacement and repair, from or as |
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compared to an established baseline of those costs. The term does |
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not include an estimated reduction due to a decrease in energy rates |
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that is not derived from increased conservation or reduced usage. |
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(4) "Energy savings performance contract" means a |
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contract with [between a local government and] a provider for |
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energy or water conservation or usage measures in which the |
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estimated energy savings, utility cost savings, increase in |
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billable revenues, or increase in meter accuracy resulting from the |
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measures is subject to guarantee to offset the cost of the energy or |
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water conservation or usage measures over a specified period. The |
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term includes a contract related to the pilot program described by |
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Subdivision (9-a) and a contract for the installation or |
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implementation of the following in new or existing facilities, |
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including all causally connected work: |
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(A) insulation of a building structure and |
|
systems within the building; |
|
(B) storm windows or doors, caulking or weather |
|
stripping, multiglazed windows or doors, heat-absorbing or |
|
heat-reflective glazed and coated window or door systems, or other |
|
window or door system modifications that reduce energy consumption; |
|
(C) automatic energy control systems, including |
|
computer software and technical data licenses; |
|
(D) heating, ventilating, or air-conditioning |
|
system modifications or replacements that reduce energy or water |
|
consumption; |
|
(E) lighting fixtures that increase energy |
|
efficiency; |
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(F) energy recovery systems; |
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(G) electric systems improvements; |
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(H) water-conserving fixtures, appliances, and |
|
equipment or the substitution of non-water-using fixtures, |
|
appliances, and equipment; |
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(I) water-conserving landscape irrigation |
|
equipment; |
|
(J) landscaping measures that reduce watering |
|
demands and capture and hold applied water and rainfall, including: |
|
(i) landscape contouring, including the use |
|
of berms, swales, and terraces; and |
|
(ii) the use of soil amendments that |
|
increase the water-holding capacity of the soil, including compost; |
|
(K) rainwater harvesting equipment and equipment |
|
to make use of water collected as part of a storm-water system |
|
installed for water quality control; |
|
(L) equipment for recycling or reuse of water |
|
originating on the premises or from other sources, including |
|
treated municipal effluent; |
|
(M) equipment needed to capture water from |
|
nonconventional, alternate sources, including air-conditioning |
|
condensate or graywater, for nonpotable uses; |
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(N) metering or related equipment or systems that |
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improve the accuracy of billable-revenue-generation systems; |
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(O) alternative fuel programs resulting in |
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energy cost savings and reduced emissions for local government |
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vehicles, including fleet vehicles; |
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(P) programs resulting in utility cost savings; |
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or |
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(Q) other energy or water conservation-related |
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improvements or equipment, including improvements or equipment |
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relating to renewable energy or nonconventional water sources or |
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water reuse. |
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SECTION 5. Section 302.004(a-1), Local Government Code, is |
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amended to read as follows: |
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(a-1) Notwithstanding other law, the governing body of a |
|
local government may use any available money[, other than money
|
|
borrowed from this state,] to pay the provider of the energy or |
|
water conservation measures under this section, and the governing |
|
body is not required to pay for such costs solely out of the savings |
|
realized by the local government under an energy savings |
|
performance contract. The governing body may contract with the |
|
provider to perform work that is related to, connected with, or |
|
otherwise ancillary to the measures identified in the scope of an |
|
energy savings performance contract. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |
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