Bill Text: TX HB2022 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to state fiscal matters; creating an offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-07 - Referred to Appropriations [HB2022 Detail]
Download: Texas-2011-HB2022-Introduced.html
82R8594 KLA/YDB-D | ||
By: Pitts | H.B. No. 2022 |
|
||
|
||
relating to state fiscal matters; creating an offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. VOTER REGISTRATION | ||
SECTION 1.01. Sections 18.065(b), (c), and (d), Election | ||
Code, are amended to read as follows: | ||
(b) On determining that a registrar is not in substantial | ||
compliance, the secretary shall deliver written notice of the | ||
noncompliance to[ |
||
[ |
||
notice a description of the violation and an explanation of the | ||
action necessary for substantial compliance and of the consequences | ||
of noncompliance[ |
||
[ |
||
|
||
(c) On determining that a noncomplying registrar has | ||
corrected the violation and is in substantial compliance, the | ||
secretary shall deliver written notice to the registrar [ |
||
|
||
(d) [ |
||
|
||
|
||
the secretary delivers under this section for two years after the | ||
date the notice is delivered. | ||
SECTION 1.02. Section 19.001(a), Election Code, is amended | ||
to read as follows: | ||
(a) Before May 15 of each year, the registrar shall prepare | ||
and submit to the secretary of state [ |
||
|
||
(1) the total number of initial registrations for the | ||
previous voting year; | ||
(2) the total number of registrations canceled under | ||
Sections 16.031(a)(1), 16.033, and 16.0332 for the previous voting | ||
year; and | ||
(3) the total number of registrations for which | ||
information was updated for the previous voting year. | ||
SECTION 1.03. The heading to Section 19.002, Election Code, | ||
is amended to read as follows: | ||
Sec. 19.002. PAYMENTS [ |
||
|
||
SECTION 1.04. Sections 19.002(b) and (d), Election Code, | ||
are amended to read as follows: | ||
(b) After June 1 of each year, the secretary of state | ||
[ |
||
|
||
approved by the secretary of state in amounts that in the aggregate | ||
do not exceed the registrar's entitlement. The secretary of state | ||
shall prescribe the procedures necessary to implement this | ||
subsection. | ||
(d) The secretary of state [ |
||
payment under Subsection (b) [ |
||
year in which the payment [ |
||
|
||
|
||
substantial compliance with Section 15.083, 16.032, 18.042, or | ||
18.065 or with rules implementing the registration service program. | ||
SECTION 1.05. The heading to Section 19.0025, Election | ||
Code, is amended to read as follows: | ||
Sec. 19.0025. ELECTRONIC ADMINISTRATION OF VOUCHERS AND | ||
PAYMENTS [ |
||
SECTION 1.06. Section 19.0025(a), Election Code, is amended | ||
to read as follows: | ||
(a) The secretary of state shall establish and maintain an | ||
online electronic system for administering vouchers submitted and | ||
payments made [ |
||
SECTION 1.07. Section 19.002(c), Election Code, is | ||
repealed. | ||
SECTION 1.08. This article takes effect September 1, 2011. | ||
ARTICLE 2. CERTAIN POWERS AND DUTIES OF THE COMPTROLLER OF PUBLIC | ||
ACCOUNTS | ||
SECTION 2.01. Section 403.0551(d), Government Code, is | ||
amended to read as follows: | ||
(d) This section does not authorize the comptroller to | ||
deduct the amount of a state employee's indebtedness to a state | ||
agency from any amount of compensation owed by the agency to the | ||
employee, the employee's successor, or the assignee of the employee | ||
or successor. In this subsection, "compensation" has the meaning | ||
assigned by Section 403.055 and [ |
||
"state agency," "state employee," and "successor" have the meanings | ||
assigned by Section 666.001. | ||
SECTION 2.02. Section 403.304, Government Code, is amended | ||
by amending Subsection (b) and adding Subsection (c) to read as | ||
follows: | ||
(b) Information made confidential by this section, Chapter | ||
552 of this code, or Section 22.27, Tax Code, may be disclosed: | ||
(1) in a judicial or administrative proceeding | ||
pursuant to a lawful subpoena; | ||
(2) to the person who gave the information to the | ||
comptroller; [ |
||
(3) for statistical purposes if in a form that does not | ||
identify specific property or a specific property owner; or | ||
(4) in connection with a protest filed pursuant to | ||
Section 403.303. | ||
(c) A person to whom confidential information is disclosed | ||
as authorized by Subsection (b) commits an offense if the person | ||
discloses the information in a manner not authorized by that | ||
subsection or to a person not authorized by that subsection to | ||
receive the information. An offense under this subsection is a | ||
Class B misdemeanor. | ||
SECTION 2.03. Section 404.022(h), Government Code, is | ||
amended to read as follows: | ||
(h) The comptroller may execute a simplified version of a | ||
depository agreement with an eligible institution desiring to hold | ||
[ |
||
Federal Deposit Insurance Corporation or the National Credit Union | ||
Share Insurance Fund. | ||
SECTION 2.04. Section 411.109(a), Government Code, is | ||
amended to read as follows: | ||
(a) The comptroller is entitled to obtain from the | ||
department criminal history record information maintained by the | ||
department that the comptroller believes is necessary for the | ||
enforcement or administration of Chapter 151, 152, [ |
||
155, or 162, Tax Code, including criminal history record | ||
information that relates to a person who is: | ||
(1) an applicant for a permit under any of those | ||
chapters; | ||
(2) a permit holder under any of those chapters; | ||
(3) an officer, director, stockholder owning 10 | ||
percent or more of the outstanding stock, partner, owner, or | ||
managing employee of an applicant or permit holder under any of | ||
those chapters that is a corporation, association, joint venture, | ||
syndicate, partnership, or proprietorship; | ||
(4) believed to have violated any of those chapters; | ||
or | ||
(5) being considered by the comptroller for employment | ||
as a peace officer. | ||
SECTION 2.05. Chapter 2115, Government Code, is repealed. | ||
SECTION 2.06. Section 403.0551(d), Government Code, as | ||
amended by this article, applies to a deduction made on or after the | ||
effective date of this Act for an indebtedness to a state agency | ||
regardless of: | ||
(1) the date the indebtedness accrued; or | ||
(2) the dates of the pay period for which the | ||
compensation from which the indebtedness is deducted is earned. | ||
ARTICLE 3. STATE PURCHASING | ||
SECTION 3.01. Section 2155.001, Government Code, is amended | ||
by amending Subdivision (2) and adding Subdivision (3) to read as | ||
follows: | ||
(2) "Service" means the furnishing of skilled or | ||
unskilled labor or professional work, but does not include a: | ||
(A) professional service subject to Subchapter | ||
A, Chapter 2254; | ||
(B) service of a state agency employee; | ||
(C) service procured by the Department of | ||
Information Resources; | ||
(D) consulting service or service of a consultant | ||
as defined by Subchapter B, Chapter 2254; or | ||
(E) [ |
||
(3) "State agency" has the meaning assigned by Section | ||
2151.002 unless otherwise provided by this chapter. | ||
SECTION 3.02. Section 2155.002, Government Code, is amended | ||
to read as follows: | ||
Sec. 2155.002. COMPTROLLER [ |
||
EXPENDITURES. To the extent possible, the comptroller [ |
||
shall focus [ |
||
|
||
large amounts of money or that leverage state spending in the most | ||
efficient manner. | ||
SECTION 3.03. Section 2155.064, Government Code, is amended | ||
to read as follows: | ||
Sec. 2155.064. LEVERAGED [ |
||
To the greatest extent possible, the comptroller shall pursue | ||
statewide contracts and attempt to leverage state spending to | ||
achieve cost savings for this state. [ |
||
|
||
|
||
SECTION 3.04. Section 2155.068, Government Code, is amended | ||
to read as follows: | ||
Sec. 2155.068. UNIFORM STANDARDS AND SPECIFICATIONS. | ||
(a) The comptroller [ |
||
and specifications for goods purchased by this state [ |
||
|
||
appropriate standards developed by a nationally recognized | ||
standards-making association as part of its specifications and | ||
standards program. | ||
(b) On request of the comptroller, a state agency shall | ||
cooperate with the comptroller [ |
||
|
||
maintenance, and revision of uniform standards and specifications. | ||
(c) The comptroller [ |
||
administered by the comptroller [ |
||
goods and services meet contract specifications. | ||
(d) As part of the standards and specifications program, the | ||
comptroller [ |
||
(1) review contracts for opportunities to recycle | ||
waste produced at state buildings; | ||
(2) develop and update a list of equipment and | ||
appliances that meet the energy efficiency standards provided by | ||
Section 2158.301; and | ||
(3) assist state agencies in selecting products under | ||
Section 2158.301, as appropriate. | ||
SECTION 3.05. Section 2155.070, Government Code, is amended | ||
to read as follows: | ||
Sec. 2155.070. FAILURE TO MEET SPECIFICATIONS. (a) A | ||
state agency that determines that goods or services received under | ||
a contract administered by the comptroller [ |
||
specifications shall promptly notify the comptroller [ |
||
in writing of the reasons for the determination. As soon as | ||
possible, the comptroller [ |
||
[ |
||
services meet specifications. | ||
(b) For purchases exempt from the comptroller's purchasing | ||
authority, the comptroller may [ |
||
|
||
determine whether the purchased [ |
||
|
||
specifications. A state agency may also determine whether the | ||
goods and services meet or fail to meet specifications. | ||
(c) On determining that contract specifications or | ||
conditions have not been met, the comptroller [ |
||
act against the defaulting contractor, with the assistance of the | ||
attorney general as necessary. | ||
(d) If the comptroller [ |
||
complaints against a vendor, the comptroller [ |
||
remove the vendor's name and the vendor's goods and services from | ||
the comptroller's [ |
||
one year. If complaints resume after the vendor is reinstated on | ||
the bidders list, the comptroller [ |
||
from participating in state contracts for a period under Section | ||
2155.077. | ||
SECTION 3.06. Section 2155.072, Government Code, is amended | ||
to read as follows: | ||
Sec. 2155.072. STATEWIDE OR REGIONAL SERVICES CONTRACTS; | ||
COMPTROLLER [ |
||
comptroller [ |
||
more services purchased by one or more state agencies for | ||
development into statewide contracts. The comptroller shall | ||
determine if a particular service may be leveraged for multiple | ||
state agencies at a cost savings to this state compared to the cost | ||
to this state of purchasing the service under individual state | ||
agency contracts [ |
||
|
||
[ |
||
[ |
||
|
||
|
||
|
||
|
||
[ |
||
|
||
|
||
|
||
SECTION 3.07. Section 2155.074, Government Code, is amended | ||
to read as follows: | ||
Sec. 2155.074. PROCUREMENT MANUAL; BEST VALUE AND SOURCING | ||
STANDARDS [ |
||
comptroller shall publish and maintain a procurement manual for | ||
state agencies to follow that incorporates the sourcing standards | ||
of this section and the best practices for procurement. Before | ||
publication, the procurement manual must be reviewed by the | ||
contract advisory team established under Chapter 2262. Each state | ||
agency shall comply with the procurement manual in its procurement | ||
activities. | ||
(b) For a purchase of goods and services under this chapter, | ||
each state agency, including the comptroller [ |
||
purchase goods and services that provide the best value for the | ||
state. | ||
(c) [ |
||
purchase price and whether the goods or services meet | ||
specifications are the most important considerations. However, the | ||
comptroller [ |
||
Subsection (d) [ |
||
factors, including: | ||
(1) installation costs; | ||
(2) life cycle costs; | ||
(3) the quality and reliability of the goods and | ||
services; | ||
(4) the delivery terms; | ||
(5) indicators of probable vendor performance under | ||
the contract such as past vendor performance, the vendor's | ||
financial resources and ability to perform, the vendor's experience | ||
or demonstrated capability and responsibility, and the vendor's | ||
ability to provide reliable maintenance agreements and support; | ||
(6) the cost of any employee training associated with | ||
a purchase; | ||
(7) the effect of a purchase on agency productivity; | ||
(8) the vendor's anticipated economic impact to the | ||
state or a subdivision of the state, including potential tax | ||
revenue and employment; and | ||
(9) other factors relevant to determining the best | ||
value for the state in the context of a particular purchase. | ||
(d) [ |
||
approval from the comptroller [ |
||
factors other than price and meeting specifications when the agency | ||
procures through competitive bidding goods or services with a value | ||
that exceeds $100,000. | ||
(e) The comptroller shall: | ||
(1) identify commercially available goods and | ||
services needed or used by state agencies; and | ||
(2) analyze and determine whether the goods and | ||
services are better provided through a statewide contract. | ||
(f) If the comptroller determines that a good or service | ||
identified under Subsection (e) is better provided through a | ||
statewide contract, the comptroller shall require state agencies to | ||
engage in any process, including competitive bidding, developed by | ||
the comptroller to develop and award one or more statewide | ||
contracts for the good or service. | ||
(g) In performing the comptroller's duties under this | ||
chapter, the comptroller may: | ||
(1) require a state agency to conduct a hearing, | ||
study, review, or cost estimate, including an agency in-house cost | ||
estimate or a management study, concerning any aspect of a good or | ||
service identified under Subsection (e); | ||
(2) develop and require state agencies to use methods | ||
that accurately and fairly estimate and account for the cost of | ||
obtaining the identified good or service; | ||
(3) require that the identified good or service be | ||
submitted to competitive bidding or another process that creates | ||
competition; | ||
(4) prescribe, after consulting affected state | ||
agencies, the specifications and conditions of the purchase and the | ||
procedures that must be followed for the procurement of the | ||
identified good or service; and | ||
(5) determine the terms of a contract for the | ||
identified good or service. | ||
SECTION 3.08. Section 2155.078(a), Government Code, is | ||
amended to read as follows: | ||
(a) The comptroller [ |
||
administer a system of training, continuing education, and | ||
certification for state agency purchasing personnel. The | ||
comptroller [ |
||
training to vendors on a cost recovery basis. The comptroller | ||
[ |
||
rules relating to: | ||
(1) monitoring a certified purchaser's compliance with | ||
the continuing education requirements of this section; and | ||
(2) suspending or revoking a purchaser's certification | ||
for failure to comply with this chapter or comptroller rules. | ||
SECTION 3.09. Section 2155.082, Government Code, is amended | ||
to read as follows: | ||
Sec. 2155.082. PROVIDING CERTAIN PURCHASING SERVICES ON | ||
FEE-FOR-SERVICE BASIS OR THROUGH BENEFIT FUNDING. (a) The | ||
comptroller [ |
||
services on a fee-for-service basis for state agency purchases that | ||
are delegated to an agency under Section 2155.131, 2155.132, | ||
[ |
||
authority of the comptroller [ |
||
[ |
||
comptroller's [ |
||
(b) The comptroller [ |
||
of [ |
||
schedule must include the comptroller's [ |
||
(1) reviewing bid and contract documents for clarity, | ||
completeness, and compliance with laws and rules; | ||
(2) developing and transmitting invitations to bid; | ||
(3) receiving and tabulating bids; | ||
(4) evaluating and determining which bidder offers the | ||
best value to the state; | ||
(5) creating and transmitting purchase orders; and | ||
(6) participating in agencies' request for proposal | ||
processes. | ||
(c) The comptroller may engage a consultant to assist with a | ||
particular procurement on behalf of a state agency and pay the | ||
consultant from the cost savings realized by the state agency. | ||
SECTION 3.10. Section 2155.083(n), Government Code, is | ||
amended to read as follows: | ||
(n) Notwithstanding any other provision of this section, a | ||
state agency that conducts covert law enforcement operations is not | ||
required to post the specifications for covert equipment in the | ||
state business daily. [ |
||
|
||
SECTION 3.11. Section 2155.085, Government Code, is amended | ||
to read as follows: | ||
Sec. 2155.085. REVERSE AUCTION PROCEDURE. [ |
||
comptroller may [ |
||
(1) purchase goods or services using the reverse | ||
auction procedure whenever: | ||
(A) the procedure provides the best value to the | ||
state; or | ||
(B) all purchasing methods provide equal value to | ||
the state; | ||
(2) offer historically underutilized businesses | ||
assistance and training relating to the reverse auction procedure; | ||
and | ||
(3) advise historically underutilized businesses on | ||
contracts available using the reverse auction procedure. | ||
[ |
||
|
||
|
||
SECTION 3.12. Subchapter B, Chapter 2155, Government Code, | ||
is amended by adding Section 2155.088 to read as follows: | ||
Sec. 2155.088. PROCUREMENT PLANS FOR GOODS AND SERVICES. | ||
(a) Not later than June 1 of each odd-numbered year, each state | ||
agency shall provide a procurement plan to the comptroller that | ||
identifies the major goods and services the agency plans to | ||
purchase during the next fiscal biennium. | ||
(b) The comptroller shall use the procurement plans to | ||
schedule solicitations for proposals for goods and services used by | ||
multiple state agencies. | ||
(c) A state agency that makes a substantive change to its | ||
procurement plan shall submit a revised copy of the plan to the | ||
comptroller not later than the 30th day after the date of the | ||
change. | ||
(d) The comptroller may adopt rules to administer this | ||
section. | ||
SECTION 3.13. Section 2155.131, Government Code, is amended | ||
to read as follows: | ||
Sec. 2155.131. DELEGATION OF AUTHORITY TO STATE AGENCIES. | ||
(a) The comptroller [ |
||
to a state agency. | ||
(b) In delegating purchasing authority under this section | ||
or Section 2155.132, the comptroller shall consider factors | ||
relevant to a state agency's ability to perform purchasing | ||
functions, including: | ||
(1) the purchasing capabilities of the agency's | ||
purchasing personnel and the existence of automated purchasing | ||
tools at the agency; | ||
(2) the certification levels held by the agency's | ||
purchasing personnel; | ||
(3) the results of the comptroller's procurement | ||
review audits of an agency's purchasing practices; and | ||
(4) whether the agency has adopted and published as | ||
part of its purchasing rules protest procedures consistent with the | ||
comptroller's protest procedures. | ||
(c) The comptroller shall monitor the purchasing practices | ||
of each state agency that the comptroller delegates purchasing | ||
authority to under Subsection (b) or Section 2155.132 to ensure | ||
that the certification levels of the agency's purchasing personnel | ||
and the quality of the agency's purchasing practices continue to | ||
warrant the delegated purchasing authority. The comptroller may | ||
revoke for any cause, including the agency's failure to comply with | ||
Section 2155.074, all or part of the delegated purchasing | ||
authority. The comptroller shall adopt rules to administer this | ||
subsection. | ||
(d) The comptroller by rule shall prescribe: | ||
(1) the procedures a state agency must follow in | ||
making a delegated purchase; and | ||
(2) the procedures by which a state agency may use the | ||
comptroller's services for delegated purchases under Section | ||
2155.082. | ||
SECTION 3.14. Section 2155.132, Government Code, is amended | ||
to read as follows: | ||
Sec. 2155.132. PURCHASES LESS THAN SPECIFIED MONETARY | ||
AMOUNT. (a) A state agency is delegated the authority to purchase | ||
goods and services if the purchase does not exceed $15,000. If the | ||
comptroller [ |
||
followed the comptroller's [ |
||
to the delegated purchases, the comptroller [ |
||
report the comptroller's [ |
||
state agency's governing body and to the governor, lieutenant | ||
governor, speaker of the house of representatives, and Legislative | ||
Budget Board. | ||
(b) The comptroller [ |
||
state agency the authority to purchase goods and services if the | ||
purchase exceeds $15,000. [ |
||
|
||
|
||
|
||
[ |
||
|
||
[ |
||
|
||
[ |
||
|
||
[ |
||
|
||
|
||
(c) [ |
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
[ |
||
[ |
||
|
||
[ |
||
|
||
|
||
[ |
||
required for a purchase by a state agency if the purchase: | ||
(1) exceeds $5,000; and | ||
(2) is made under a written contract. | ||
(d) [ |
||
include: | ||
(1) an item for which a statewide contract has been | ||
awarded by the comptroller [ |
||
unless the quantity purchased is less than any [ |
||
quantity specified in the contract; | ||
(2) an item required by statute to be purchased from a | ||
particular source, including through the program administered | ||
under Chapter 122, Human Resources Code, or from the Texas | ||
Correctional Industries under Chapter 497; or | ||
(3) a scheduled item that has been designated for | ||
purchase by the comptroller [ |
||
(e) [ |
||
purchases to circumvent [ |
||
section. The comptroller [ |
||
unrelated purchases be combined into one purchase order to exceed | ||
the dollar limits prescribed by this section. | ||
(f) [ |
||
section for which competitive bidding is required shall [ |
||
(1) [ |
||
bids from: | ||
(A) sources listed on the master bidders list | ||
that normally offer for sale the goods being purchased; or | ||
(B) if three vendors are not available on the | ||
master bidders list, vendors in the applicable industry; and | ||
(2) comply with Subchapter E. | ||
SECTION 3.15. Subchapter C, Chapter 2155, Government Code, | ||
is amended by adding Section 2155.1325 to read as follows: | ||
Sec. 2155.1325. STANDARDS FOR DELEGATED PURCHASES. (a) A | ||
state agency that is preparing a solicitation for proposals for a | ||
purchase of goods or services with a purchase price that exceeds | ||
$100,000 that is delegated under this chapter or other law shall | ||
submit to the comptroller a copy of the draft solicitation with a | ||
statement of the procurement strategy for the purchase. | ||
(b) The comptroller may review the draft solicitation and | ||
procurement strategy to determine whether the state agency is | ||
following the best value and sourcing standards of Section 2155.074 | ||
to the greatest extent possible. The comptroller may: | ||
(1) recommend changes to the draft solicitation or | ||
procurement strategy, provided the written recommended changes are | ||
submitted to the state agency not later than the 30th day after the | ||
date the comptroller receives the draft solicitation and | ||
procurement strategy from the state agency; | ||
(2) partner with the state agency to ensure the | ||
standards of this chapter are followed; | ||
(3) partner with the state agency to award a statewide | ||
contract that results from the solicitation; or | ||
(4) require the state agency to engage a consultant to | ||
assist with the solicitation to be paid from the cost savings | ||
realized under the contract, as authorized by Section 2155.082. | ||
(c) A state agency that receives the comptroller's | ||
recommended changes under Subsection (b)(1) shall: | ||
(1) accept the recommended changes; or | ||
(2) submit alternative suggestions to the comptroller | ||
for review in accordance with this section. | ||
(d) The comptroller may adopt rules to administer this | ||
section. | ||
SECTION 3.16. Subchapter D, Chapter 2155, Government Code, | ||
is amended by adding Section 2155.205 to read as follows: | ||
Sec. 2155.205. ACCESS BY OTHER GOVERNMENTAL ENTITIES. The | ||
comptroller may allow a governmental entity of another state to | ||
access the comptroller's statewide contracts. | ||
SECTION 3.17. Section 2155.385(a), Government Code, is | ||
amended to read as follows: | ||
(a) The comptroller [ |
||
|
||
with one or more credit card issuers for state agencies to use | ||
credit cards to pay for purchases. [ |
||
|
||
SECTION 3.18. Section 2054.158, Government Code, is amended | ||
to read as follows: | ||
Sec. 2054.158. QUALITY ASSURANCE TEAM. The state auditor, | ||
comptroller, attorney general, Legislative Budget Board, and | ||
department shall: | ||
(1) create a quality assurance team to perform the | ||
duties specified in this chapter and other law; and | ||
(2) specify in writing the responsibilities of the | ||
state auditor, comptroller, attorney general, Legislative Budget | ||
Board, and department in performing the duties. | ||
SECTION 3.19. Section 2151.0041(c), Government Code, is | ||
amended to read as follows: | ||
(c) Unless otherwise provided by the legislature by law, on | ||
September 1, 2013: | ||
(1) the powers and duties transferred to the | ||
comptroller under Section 2151.004(d) and under House Bill 3560, | ||
Acts of the 80th Legislature, Regular Session, 2007, are | ||
transferred to the Texas Facilities Commission; | ||
(2) a reference in law to the comptroller relating to a | ||
power or duty transferred under this subsection means the Texas | ||
Facilities Commission; | ||
(3) a rule or form adopted by the comptroller relating | ||
to a power or duty transferred under this subsection is a rule or | ||
form of the Texas Facilities Commission and remains in effect until | ||
altered by the commission; | ||
(4) all obligations, contracts, proceedings, cases, | ||
negotiations, funds, and employees of the comptroller relating to a | ||
power or duty transferred under this subsection are transferred to | ||
the Texas Facilities Commission; | ||
(5) all property and records in the custody of the | ||
comptroller relating to a power or duty transferred under this | ||
subsection and all funds appropriated by the legislature for | ||
purposes related to a power or duty transferred under this | ||
subsection are transferred to the Texas Facilities Commission; and | ||
(6) Section 122.0011, Human Resources Code, and the | ||
following provisions of the Government Code expire: | ||
(A) Sections 2151.004(c) and (d); | ||
(B) Section 2155.0011; | ||
(C) [ |
||
[ |
||
[ |
||
(D) [ |
||
(E) [ |
||
(F) [ |
||
(G) [ |
||
(H) [ |
||
(I) [ |
||
(J) [ |
||
(K) [ |
||
(L) [ |
||
SECTION 3.20. Section 2166.406(i), Government Code, is | ||
amended to read as follows: | ||
(i) An energy savings performance contract shall be let | ||
according to the procedures established for procuring certain | ||
professional services by Section 2254.004. [ |
||
|
||
|
||
guidelines and an approval process for awarding energy savings | ||
performance contracts. The guidelines adopted under this | ||
subsection must require that the cost savings projected by an | ||
offeror be reviewed by a licensed professional engineer who has a | ||
minimum of three years of experience in energy calculation and | ||
review, is not an officer or employee of an offeror for the contract | ||
under review, and is not otherwise associated with the | ||
contract. In conducting the review, the engineer shall focus | ||
primarily on the proposed improvements from an engineering | ||
perspective, the methodology and calculations related to cost | ||
savings, increases in revenue, and, if applicable, efficiency or | ||
accuracy of metering equipment. An engineer who reviews a contract | ||
shall maintain the confidentiality of any proprietary information | ||
the engineer acquires while reviewing the contract. An energy | ||
savings performance contract may not be entered into unless the | ||
contract has been approved by the State Energy Conservation | ||
Office. Sections 1001.053 and 1001.407, Occupations Code, apply | ||
to work performed under the contract. | ||
SECTION 3.21. Section 51.927(i), Education Code, is amended | ||
to read as follows: | ||
(i) An energy savings performance contract shall be let | ||
according to the procedures established for procuring certain | ||
professional services by Section 2254.004, Government Code. | ||
[ |
||
|
||
Higher Education Coordinating Board, in consultation with the State | ||
Energy Conservation Office with regard to energy and water | ||
conservation measures, shall establish guidelines and an approval | ||
process for awarding energy savings performance contracts. The | ||
guidelines must require that the cost savings projected by an | ||
offeror be reviewed by a licensed professional engineer who has a | ||
minimum of three years of experience in energy calculation and | ||
review, is not an officer or employee of an offeror for the contract | ||
under review, and is not otherwise associated with the | ||
contract. In conducting the review, the engineer shall focus | ||
primarily on the proposed improvements from an engineering | ||
perspective, the methodology and calculations related to cost | ||
savings, increases in revenue, and, if applicable, efficiency or | ||
accuracy of metering equipment. An engineer who reviews a contract | ||
shall maintain the confidentiality of any proprietary information | ||
the engineer acquires while reviewing the contract. A contract is | ||
not required to be reviewed or approved by the State Energy | ||
Conservation Office. Sections 1001.053 and 1001.407, Occupations | ||
Code, apply to work performed under the contract. | ||
SECTION 3.22. The following sections of the Government Code | ||
are repealed: | ||
(1) Section 2155.086; | ||
(2) Section 2155.087; | ||
(3) Section 2155.138; | ||
(4) Section 2155.141; and | ||
(5) Section 2156.002. | ||
ARTICLE 4. EFFECTIVE DATE | ||
SECTION 4.01. Except as otherwise provided by this Act, | ||
this Act takes effect: | ||
(1) immediately if this Act receives a vote of | ||
two-thirds of all the members elected to each house, as provided by | ||
Section 39, Article III, Texas Constitution; or | ||
(2) September 1, 2011, if this Act does not receive the | ||
vote necessary for immediate effect. |