HBA-MPM, SEB H.B. 2960 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2960 By: Jones, Delwin Energy Resources 7/19/1999 Enrolled 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. 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 the contract. Requires an engineer who reviews a contract to maintain the confidentiality of any proprietary information the engineer requires in the reviewing process. Specifies that a contract is not required to be reviewed or approved by the office or council. Makes Section 19, Article 3271a, V.T.C.S. (Texas Engineering Practice Act) applicable to work performed under the contract. 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.