HBA-SEB C.S.H.B. 2960 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2960
By: Jones, Delwin
Energy Resources
4/19/1999
Committee Report (Substituted)



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.
C.S.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 this
Act.  Specifies that a contract is not required to be reviewed or approved
by the office or council.  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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in SECTION 1 by amending Section
51.927(h), Education Code, to add a provision that establishes that
guidelines adopted by the Texas Higher Education Coordinating Board must
require cost savings projected by an offeror to be reviewed by a licensed
professional engineer.  The substitute provides that the engineer must not
be an officer or employee of an offeror for the contract under review or
otherwise associated with this Act.  The substitute specifies that a
contract is not required to be reviewed or approved by the office or
council.