HBA-MPM, SEB H.B. 2960 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2960
By: Jones, Delwin
Energy Resources
7/19/1999
Enrolled



BACKGROUND AND PURPOSE 

In 1992, the Texas Legislature authorized institutions of higher education
to enter into contracts for energy conservation measures in order to reduce
energy consumption and operating costs at higher education facilities.
H.B. 2960 removes certain mandates from the contracting process for energy
conservation measures concerning an institution of higher education.  This
bill also requires guidelines adopted by the Texas Higher Education
Coordinating Board to require projected cost savings to be reviewed by a
licensed professional engineer.      

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 51.927(h), Education Code, to require the Texas
Higher Education Coordinating Board, with regard to energy conservation
matters, to establish guidelines and an approval process for contracts
awarded under this section (Energy Conservation Measures) in consultation
with the State Energy Conservation Office (office) and the Texas Higher
Energy Coordination Council (council).  Provides that the guidelines must
require that the cost savings projected by an offeror be reviewed by a
licensed professional engineer who is not an officer or employee of an
offeror for the contract under review or otherwise associated with the
contract. Requires an engineer who reviews a contract to maintain the
confidentiality of any proprietary information the engineer requires in the
reviewing process.  Specifies that a contract is not required to be
reviewed or approved by the office or council.  Makes Section 19, Article
3271a, V.T.C.S. (Texas Engineering Practice Act) applicable to work
performed under the contract.  Deletes existing text requiring the council
and office to review a selected proposal before a contract is awarded.
Deletes existing text authorizing the office to provide a cost-benefit
analysis of the proposals. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.