82R426 MCK-D
	By: Lucio III, Cook, et al.	H.B. No. 51

	A BILL TO BE ENTITLED
	AN ACT
	relating to energy efficiency standards for certain buildings and
	to high-performance design, construction, and renovation standards
	for certain government buildings and facilities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter I, Chapter 2166, Government Code, is
	amended by adding Section 2166.409 to read as follows:
	Sec. 2166.409.  HIGH-PERFORMANCE, SUSTAINABLE DESIGN,
	CONSTRUCTION, AND RENOVATION STANDARDS FOR STATE BUILDINGS.  (a)
	This section applies to the construction of a state building, or the
	renovation of a state building the cost of which is more than 50
	percent of the value of the building, including a building for
	education, assembly, or office occupancy under the charge and
	control of the Texas Department of Transportation, the Parks and
	Wildlife Department, the Texas Department of Housing and Community
	Affairs, the Texas State Affordable Housing Corporation, or the
	Veterans' Land Board that is otherwise exempt from this chapter
	under Section 2166.003.  This section does not apply to a facility
	under the charge and control of the Texas Department of Criminal
	Justice or the Texas Youth Commission.
	(b)  A building to which this section applies must be
	designed and constructed or renovated so that the building achieves
	certification under a high-performance building standard approved
	by the commission that:
	(1)  is developed and revised through a nationally
	recognized consensus-based process or by a municipally owned
	utility in this state;
	(2)  provides minimum requirements for energy use,
	natural resources use, and indoor air quality;
	(3)  requires substantiating documentation for
	certification;
	(4)  requires on-site, third-party, post-construction
	review and verification for certification, or a third-party,
	post-construction, rigorous review of documentation and
	verification for certification; and
	(5)  encourages the use of materials or products
	manufactured or produced in this state.
	(c)  The commission shall appoint an advisory committee to
	advise the commission in determining which high-performance
	building standards to approve for use under Subsection (b).  At
	least once each year the advisory committee shall review available
	high-performance building standards and make recommendations to
	the commission.  The advisory committee consists of:
	(1)  the director of facilities construction and space
	management appointed under Section 2152.104, who serves as the
	presiding officer of the committee;
	(2)  seven individuals with experience and expertise in
	high-performance buildings or related products, including
	experience and expertise in energy efficiency, water efficiency, or
	low-impact site development, with one individual selected from each
	of the following lists of nominees:
	(A)  a list submitted by the president of the
	Texas Society of Architects;
	(B)  a list submitted by the presidents of the
	Texas Council of Engineering Companies and Texas Society of
	Professional Engineers;
	(C)  a list submitted by the president of the
	Associated Builders and Contractors of Texas and the presiding
	officer of the executive committee of the Associated General
	Contractors, Texas Building Branch;
	(D)  a list submitted by the president of the
	Texas chapter of the Urban Land Institute;
	(E)  a list submitted by the president of the
	Texas chapter of the American Society of Landscape Architects;
	(F)  a list submitted by the president of the
	Texas Chemical Council; and
	(G)  a list of registered interior designers
	submitted by the president of the Texas Association of Interior
	Design;
	(3)  one individual appointed by the comptroller who
	represents the State Energy Conservation Office;
	(4)  one individual representing a state agency that
	has a substantial ongoing construction program; and
	(5)  one individual representing the interests of
	historically underutilized businesses.
	(d)  In addition to meeting the requirements of Subsection
	(b), a building to which this section applies must be designed and
	constructed or renovated so that the building:
	(1)  meets the American Society of Heating,
	Refrigerating and Air-Conditioning Engineers energy standards in
	effect on September 1, 2011, or the International Energy
	Conservation Code in effect on September 1, 2011, or an updated
	version of those standards or that code adopted by the State Energy
	Conservation Office under Subsection (e), if applicable; and
	(2)  achieves a 15 percent reduction in water use when
	compared to water use based on plumbing fixtures selected in
	accordance with the Energy Policy Act of 1992 (Pub. L. No. 102-486).
	(e)  If the State Energy Conservation Office determines,
	based on written recommendations from the Energy Systems Laboratory
	at the Texas Engineering Experiment Station of The Texas A&M
	University System, that the latest published edition of the
	American Society of Heating, Refrigerating and Air-Conditioning
	Engineers energy standards or the International Energy
	Conservation Code will result in energy efficiency and air quality
	that is equivalent to or better than the energy efficiency and air
	quality achievable under the editions described by Subsection
	(d)(1), the office by rule shall adopt the equivalent or more
	stringent editions and substitute them for the standards or code
	described by Subsection (d)(1).  The rule, if adopted, must
	establish an effective date for the new standards or code but not
	earlier than nine months after the date of adoption. The laboratory
	shall make its recommendations not later than six months after the
	date of publication of the new editions.
	(f)  A contract between the commission and a private design
	professional relating to services in connection with the
	construction or renovation of a building to which this section
	applies must provide that, for billing purposes, any service
	provided by the private design professional that is necessary to
	satisfy the requirements of Subsection (b) or (d) is considered an
	additional service rather than a basic service.
	SECTION 2.  The heading to Chapter 46, Education Code, is
	amended to read as follows:
	CHAPTER 46.  [ASSISTANCE WITH] INSTRUCTIONAL FACILITIES AND
	ASSISTANCE WITH PAYMENT OF EXISTING DEBT
	SECTION 3.  Chapter 46, Education Code, is amended by adding
	Subchapter D to read as follows:
	SUBCHAPTER D.  STANDARDS FOR INSTRUCTIONAL FACILITIES
	Sec. 46.101.  DEFINITION. In this subchapter,
	"instructional facility" has the meaning assigned by Section
	46.001.
	Sec. 46.102.  ENERGY EFFICIENCY AND CONSERVATION STANDARDS
	FOR INSTRUCTIONAL FACILITIES. (a) In this section, "energy
	office" means the State Energy Conservation Office.
	(b)  The energy office shall adopt energy efficiency and
	conservation standards for the design, construction, and major
	renovation of instructional facilities that school districts may
	adopt or use to achieve long-term savings in energy and water costs
	through innovative building techniques.
	(c)  The standards adopted under Subsection (b) must match
	high-performance building certification standards that:
	(1)  are developed and revised through a
	consensus-based process or by a municipally owned utility in this
	state;
	(2)  provide minimum requirements for energy use,
	natural resources use, and indoor air quality;
	(3)  require substantiating documentation for
	certification;
	(4)  employ third-party, post-construction review and
	verification for certification; and
	(5)  the energy office determines are nationally
	recognized in the building industry, such as:
	(A)  the Texas Collaborative for High Performance
	Schools (TX-CHPS) Criteria;
	(B)  the Green Building Initiative's Green Globes
	program;
	(C)  the Leadership in Energy and Environmental
	Design (LEED) Green Building Rating System; or
	(D)  the Austin Energy Green Building Program.
	(d)  The energy office may update the standards adopted under
	this section not more frequently than once every three years.
	(e)  The energy office shall prepare an analysis of the
	typical initial building costs and projected energy and other
	savings associated with the implementation of the standards adopted
	by the energy office under this section. The office shall publish
	the analysis and make copies available to all school districts in
	this state.
	(f)  The energy office shall adopt rules necessary to
	administer this section.
	Sec. 46.103.  STATE AND FEDERAL FUNDS. The energy office
	shall, to the extent possible, assist school districts to obtain
	state and federal funding for implementing the standards adopted
	under this subchapter.
	SECTION 4.  Subchapter B, Chapter 55, Education Code, is
	amended by adding Section 55.115 to read as follows:
	Sec. 55.115.  HIGH-PERFORMANCE, SUSTAINABLE DESIGN,
	CONSTRUCTION, AND RENOVATION STANDARDS FOR CERTAIN FACILITIES.  (a)
	This section applies to the construction of an institution of
	higher education building, structure, or other facility, or the
	renovation of a building, structure, or other facility the cost of
	which is more than 50 percent of the value of the building,
	structure, or other facility, any part of the construction or
	renovation of which is financed by revenue bonds issued under this
	subchapter.
	(b)  A building, structure, or other facility to which this
	section applies must be designed and constructed or renovated so
	that the building, structure, or other facility complies with
	high-performance building standards, approved by the board of
	regents of the institution, that provide minimum requirements for
	energy use, natural resources use, and indoor air quality.  In
	approving high-performance building standards, a board of regents
	shall consider the standards approved by the Texas Facilities
	Commission under Section 2166.409, Government Code, and may solicit
	and consider recommendations from the advisory committee appointed
	under that section.
	(c)  In addition to meeting the requirements of Subsection
	(b), a building, structure, or other facility to which this section
	applies must be designed and constructed or renovated to comply
	with the applicable energy and water conservation design standards
	established by the State Energy Conservation Office under Section
	447.004, Government Code.
	SECTION 5.  Chapter 2311, Government Code, as added by
	Chapter 1408 (H.B. 4409), Acts of the 81st Legislature, Regular
	Session, 2009, is repealed.
	SECTION 6.  Not later than July 1, 2012, the State Energy
	Conservation Office shall adopt rules establishing energy
	efficiency, conservation, and indoor air quality standards for the
	design, construction, and renovation of public school
	instructional facilities as required by Section 46.102, Education
	Code, as added by this Act.
	SECTION 7.  Section 55.115, Education Code, and Section
	2166.409, Government Code, as added by this Act, apply only to an
	institution of higher education building, structure, or other
	facility or a state building for which the contract for design
	services is entered into on or after September 1, 2013.
	SECTION 8.  This Act takes effect September 1, 2011.