87R8820 MP-F
 
  By: Paddie H.B. No. 3583
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to energy savings performance contracts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 44.901, Education Code, is amended by
  amending Subsection (f-1) and adding Subsection (k) to read as
  follows:
         (f-1)  Notwithstanding other law, the board may use any
  available money to pay the provider of the energy or water
  conservation measures under this section, and the board is not
  required to pay for such costs solely out of the savings realized by
  the school district under an energy savings performance contract.
  [The board may contract with the provider to perform work that is
  related to, connected with, or otherwise ancillary to the measures
  identified in the scope of an energy savings performance contract.]
         (k)  The scope of an energy savings performance contract may
  not be modified under this section. For the purposes of this
  subsection, a modification includes a change order or contract
  addendum that adds to the scope of work for projects not awarded
  under the original contract.
         SECTION 2.  Section 51.927, Education Code, is amended by
  amending Subsection (g-1) and adding Subsection (m) to read as
  follows:
         (g-1)  Notwithstanding other law, the board may use any
  available money to pay the provider of the energy or water
  conservation measures under this section, and the board is not
  required to pay for such costs solely out of the savings realized by
  the institution of higher education under an energy savings
  performance contract.  [The board may contract with the provider to
  perform work that is related to, connected with, or otherwise
  ancillary to the measures identified in the scope of an energy
  savings performance contract.]
         (m)  The scope of an energy savings performance contract may
  not be modified under this section. For the purposes of this
  subsection, a modification includes a change order or contract
  addendum that adds to the scope of work for projects not awarded
  under the original contract.
         SECTION 3.  Section 2166.406, Government Code, is amended by
  amending Subsection (f-1) and adding Subsection (m) to read as
  follows:
         (f-1)  Notwithstanding other law, the state agency may use
  any available money to pay the provider of the energy or water
  conservation measures under this section, and the state agency is
  not required to pay for such costs solely out of the savings
  realized by the state agency under an energy savings performance
  contract. [The state agency may contract with the provider to
  perform work that is related to, connected with, or otherwise
  ancillary to the measures identified in the scope of an energy
  savings performance contract.]
         (m)  The scope of an energy savings performance contract may
  not be modified under this section. For the purposes of this
  subsection, a modification includes a change order or contract
  addendum that adds to the scope of work for projects not awarded
  under the original contract.
         SECTION 4.  Section 302.001(4), Local Government Code, is
  amended to read as follows:
               (4)  "Energy savings performance contract" means a
  contract with 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 does not include the
  design or construction of a highway, road, street, bridge,
  underground utility, water supply project, water plant, wastewater
  plant, water and wastewater distribution or conveyance facility,
  wharf, dock, airport runway or taxiway, drainage project, or other
  similar or related civil engineering construction project. 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
  consumption;
                     (E)  lighting fixtures that increase energy
  efficiency;
                     (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
  equipment;
                     (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;
                     (O)  alternative fuel programs resulting in
  energy cost savings and reduced emissions for local government
  vehicles, including fleet vehicles; or
                     (P)  programs resulting in utility cost savings[;
  or
                     [(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].
         SECTION 5.  Section 302.004(a-1), Local Government Code, is
  amended to read as follows:
         (a-1)  Notwithstanding other law, the governing body of a
  local government may use any available money to pay the provider of
  the energy or water conservation measures under this section, and
  the governing body is not required to pay for such costs solely out
  of the savings realized by the local government under an energy
  savings performance contract. [The governing body may contract
  with the provider to perform work that is related to, connected
  with, or otherwise ancillary to the measures identified in the
  scope of an energy savings performance contract.]
         SECTION 6.  Section 302.005, Local Government Code, is
  amended by adding Subsection (d) to read as follows:
         (d)  The scope of an energy savings performance contract may
  not be modified under this section. For the purposes of this
  subsection, a modification includes a change order or contract
  addendum that adds to the scope of work for projects not awarded
  under the original contract.
         SECTION 7.  The following sections are repealed:
               (1)  Section 44.901(j), Education Code;
               (2)  Section 51.927(k), Education Code;
               (3)  Section 2166.406(k), Government Code; and
               (4)  Section 302.007, Local Government Code.
         SECTION 8.  The changes in law made by this Act do not apply
  to an energy savings performance contract entered into before the
  effective date of this Act, and the former law governing the
  contract is continued in effect for that purpose.
         SECTION 9.  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, 2021.