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  H.B. No. 1184
  relating to authorizing certain utility cost savings and
  alternative fuel programs as eligible for local government energy
  savings performance contracts.
         SECTION 1.  Section 302.001, Local Government Code, is
  amended by amending Subdivision (4) and adding Subdivision (9-a) to
  read as follows:
               (4)  "Energy savings performance contract" means a
  contract between a local government and a provider for energy or
  water conservation or usage measures in which the estimated energy
  savings, utility cost savings, increase in billable revenues, or
  increase in meter accuracy resulting from the measures is subject
  to guarantee to offset the cost of the energy or water conservation
  or usage measures over a specified period. The term includes a
  contract related to the pilot program described by Subdivision
  (9-a) and a contract for the installation or implementation of the
  following in new or existing facilities, including all causally
  connected work:
                     (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
                     (E)  lighting fixtures that increase energy
                     (F)  energy recovery systems;
                     (G)  electric systems improvements;
                     (H)  water-conserving fixtures, appliances, and
  equipment or the substitution of non-water-using fixtures,
  appliances, and equipment;
                     (I)  water-conserving landscape irrigation
                     (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;
                     (N)  metering or related equipment or systems that
  improve the accuracy of billable-revenue-generation systems; [or]
                     (O)  alternative fuel programs resulting in
  energy cost savings and reduced emissions for local government
  vehicles, including fleet vehicles;
                     (P)  programs resulting in utility cost savings;
                     (Q)  other energy or water conservation-related
  improvements or equipment, including improvements or equipment
  relating to renewable energy or nonconventional water sources or
  water reuse.
               (9-a)  "Pilot program" means a pilot program operated
  by the Energy Systems Laboratory at the Texas A&M Engineering
  Experiment Station, in consultation with the Texas Facilities
  Commission and the State Energy Conservation Office, that:
                     (A)  establishes and implements energy efficiency
  improvements to state-owned buildings maintained by the
                     (B)  generates savings in utility costs resulting
  from the improvements resulting in at least a 30 percent annual
  return on the costs of the improvements;
                     (C)  provides for the participation of not fewer
  than two companies selected by the commission; and
                     (D)  provides for any money attributable to
  utility cost savings resulting from the pilot program to be
  appropriated only to the commission.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I certify that H.B. No. 1184 was passed by the House on April
  13, 2015, by the following vote:  Yeas 132, Nays 9, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1184 on May 29, 2015, by the following vote:  Yeas 133, Nays 12,
  2 present, not voting.
  Chief Clerk of the House   
         I certify that H.B. No. 1184 was passed by the Senate, with
  amendments, on May 26, 2015, by the following vote:  Yeas 30, Nays
  Secretary of the Senate   
  APPROVED: __________________