This website will be unavailable Sunday, June 29 between 6:00 a.m. and 5:00 p.m. for maintenance.

�
�
� H.B.�No.�3693
�
�
�
�
AN ACT
� relating to energy demand, energy load, energy efficiency
� incentives, energy programs, and energy performance measures.
� �������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
� �������SECTION�1.��Subchapter Z, Chapter 44, Education Code, is
� amended by adding Section 44.902 to read as follows:
� �������Sec.�44.902.��GOAL TO REDUCE CONSUMPTION OF ELECTRIC ENERGY. �
� The board of trustees of a school district shall establish a goal to
� reduce the school district's annual electric consumption by five
� percent each state fiscal year for six years beginning September 1,
� 2007.
� �������SECTION�2.��Subchapter Z, Chapter 44, Education Code, is
� amended by adding Section 44.903 to read as follows:
� �������Sec.�44.903.��ENERGY-EFFICIENT LIGHT BULBS IN INSTRUCTIONAL
� FACILITIES. �(a) �In this section, "instructional facility" has the
� meaning assigned by Section 46.001.
� �������(b)��A school district shall purchase for use in each type of
� light fixture in an instructional facility the commercially
� available model of light bulb that:
� �������������(1)��uses the fewest watts for the necessary luminous
� flux or light output;
� �������������(2)��is compatible with the light fixture; and
� �������������(3)��is the most cost-effective, considering the
� factors described by Subdivisions (1) and (2).
� �������SECTION�3.��Subchapter Z, Chapter 51, Education Code, is
� amended by adding Section 51.9271 to read as follows:
� �������Sec.�51.9271.��ENERGY-EFFICIENT LIGHT BULBS IN EDUCATIONAL
� AND HOUSING FACILITIES. �(a) �In this section, "housing facility"
� has the meaning assigned by Section 53.02.
� �������(b)��An institution of higher education shall purchase for
� use in each type of light fixture in an educational or housing
� facility the commercially available model of light bulb that:
� �������������(1)��is compatible with the light fixture;
� �������������(2)��uses the fewest watts for the necessary luminous
� flux or light output; and
� �������������(3)��is the most cost-effective, considering the
� factors described by Subdivisions (1) and (2).
� �������SECTION�4.��Section 2155.068(d), Government Code, is amended
� to read as follows:
� �������(d)��As part of the standards and specifications program, the
� commission shall:
� �������������(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�5.��Chapter 2158, Government Code, is amended by
� adding Subchapter F to read as follows:
� SUBCHAPTER F. �ENERGY AND EFFICIENCY STANDARDS FOR EQUIPMENT AND
� APPLIANCES
� �������Sec.�2158.301.��ENERGY CONSERVATION. �If available and
� cost-effective, a state agency shall purchase equipment and
� appliances for state use that meet or exceed:
� �������������(1)��the federal energy conservation standards under
� Section 325, Energy Policy and Conservation Act (42 U.S.C. Section
� 6295), or a federal regulation adopted under that Act; or
� �������������(2)��the federal Energy Star standards designated by
� the United States Environmental Protection Agency and the United
� States Department of Energy.
� �������SECTION�6.��Subchapter A, Chapter 2165, Government Code, is
� amended by adding Section 2165.008 to read as follows:
� �������Sec.�2165.008.��ENERGY-EFFICIENT LIGHT BULBS IN STATE
� BUILDINGS. �A state agency or institution of higher education in
� charge and control of a state building shall purchase for use in
� each type of light fixture in the building the commercially
� available model of light bulb that:
� �������������(1)��uses the fewest watts for the necessary luminous
� flux or light output; and
� �������������(2)��is compatible with the light fixture.
� �������SECTION�7.��Subchapter B, Chapter 2165, Government Code, is
� amended by adding Section 2165.058 to read as follows:
� �������Sec.�2165.058.��VENDING MACHINES; ENERGY-SAVING DEVICE
� REQUIRED. �(a) �This section does not apply to a vending machine
� that contains a perishable food product, as defined by Section
� 96.001, Civil Practice and Remedies Code.
� �������(b)��The commission shall require an entity that owns or
� operates a vending machine located in a building owned or leased by
� the state to activate and maintain any internal energy-saving or
� energy-management device or option that is already part of the
� machine or contained in the machine.
� �������(c)��The commission shall require the use of an external
� energy-saving or energy-management device for each vending machine
� that:
� �������������(1)��is located in a building owned or leased by the
� state;
� �������������(2)��operates with a compressor; and
� �������������(3)��does not have an activated and operational
� internal energy-saving or energy-management device or option.
� �������(d)��An entity that owns or operates a vending machine
� subject to this section is responsible for any expenses associated
� with the acquisition, installation, or maintenance of an
� energy-saving device required by this section.
� �������(e)��The commission may impose an administrative fine on an
� entity that operates a vending machine subject to this section in an
� amount not to exceed $250 a year for each machine found to be in
� violation of this section or rules adopted by the commission under
� this section.
� �������(f)��The commission shall adopt rules relating to the
� specifications for and regulation of energy-saving devices
� required by this section.
� �������SECTION�8.��Subtitle F, Title 10, Government Code, is
� amended by adding Chapter 2264 to read as follows:
� CHAPTER 2264. REQUIRED PUBLICATION AND REPORTING BY GOVERNMENTAL
� ENTITIES
� �������Sec.�2264.001.��RECORDING AND REPORTING OF ELECTRICITY,
� WATER, AND NATURAL GAS CONSUMPTION. �(a) �In this section,
� "governmental entity" means:
� �������������(1)��a board, commission, or department of the state or
� a political subdivision of the state, including a municipality, a
� county, or any kind of district; or
� �������������(2)��an institution of higher education as defined by
� Section 61.003, Education Code.
� �������(b)��Notwithstanding any other law, a governmental entity
� responsible for payments for electric, water, or natural gas
� utility services shall record in an electronic repository the
� governmental entity's metered amount of electricity, water, or
� natural gas consumed for which it is responsible to pay and the
� aggregate costs for those utility services. �The governmental
� entity shall report the recorded information on a publicly
� accessible Internet website with an interface designed for ease of
� navigation if available, or at another publicly accessible
� location.
� �������SECTION�9.��Subchapter H, Chapter 2306, Government Code, is
� amended by adding Section 2306.187 to read as follows:
� �������Sec.�2306.187.��ENERGY EFFICIENCY STANDARDS FOR CERTAIN
� SINGLE AND MULTIFAMILY DWELLINGS. �(a) �A newly constructed single
� or multifamily dwelling that is constructed with assistance awarded
� by the department, including state or federal money, housing tax
� credits, or multifamily bond financing, must include energy
� conservation and efficiency measures specified by the department. �
� The department by rule shall establish a minimum level of energy
� efficiency measures that must be included in a newly constructed
� single or multifamily dwelling as a condition of eligibility to
� receive assistance awarded by the department for housing
� construction. �The measures adopted by the department may include:
� �������������(1)��the installation of Energy Star-labeled ceiling
� fans in living areas and bedrooms;
� �������������(2)��the installation of Energy Star-labeled
� appliances;
� �������������(3)��the installation of Energy Star-labeled lighting
� in all interior units;
� �������������(4)��the installation of Energy Star-labeled
� ventilation equipment, including power-vented fans, range hoods,
� and bathroom fans;
� �������������(5)��the use of energy efficient alternative
� construction material, including structural insulated panel
� construction;
� �������������(6)��the installation of central air conditioning or
� heat pump equipment with a better Seasonal Energy Efficiency Rating
� (SEER) than that required by the energy code adopted under Section
� 388.003, Health and Safety Code; and
� �������������(7)��the installation of the air ducting system inside
� the conditioned space.
� �������(b)��A single or multifamily dwelling must include energy
� conservation and efficiency measures specified by the department
� if:
� �������������(1)��the dwelling is rehabilitated with assistance
� awarded by the department, including state or federal money,
� housing tax credits, or multifamily bond financing; and
� �������������(2)��any portion of the rehabilitation includes
� alterations that will replace items that are identified as required
� efficiency measures by the department.
� �������(c)��The energy conservation and efficiency measures the
� department requires under Subsection (b) may not be more stringent
� than the measures the department requires under Subsection (a).
� �������(d)��The department shall review the measures required to
� meet the energy efficiency standards at least annually to determine
� if additional measures are desirable and to ensure that the most
� recent energy efficiency technology is considered.
� �������(e)��Subsections (a) and (b) do not apply to a single or
� multifamily dwelling that receives weatherization assistance money
� from the department or money provided under the first-time
� homebuyer program.
� �������SECTION�10.��Section 301.038, Health and Safety Code, is
� amended to read as follows:
� �������Sec.�301.038.��PROVISION [COST] OF SERVICES; COSTS. �(a)�A
� cooperative association may provide services from a system to
� eligible institutions and may determine the amount to be charged
� for providing the services.
� �������(b)��Notwithstanding Sections 301.032 and 301.037, a
� cooperative association may provide from a system central heating
� and cooling services, including steam and heated and chilled water
� supply, to persons other than eligible institutions and may
� determine the amount to be charged for providing services.
� �������SECTION�11.��Section 388.003, Health and Safety Code, is
� amended by adding Subsections (b-1), (b-2), and (b-3) to read as
� follows:
� �������(b-1)��If the State Energy Conservation Office determines,
� based on written recommendations from the laboratory, that the
� energy efficiency provisions of the latest published editions of
� the International Residential Code or the International Energy
� Conservation Code for residential or commercial energy efficiency
� and air quality are equivalent to or more stringent than the
� provisions of editions adopted under Subsection (a) or (b), the
� office by rule may adopt and substitute in the energy code the
� equivalent or more stringent editions for of the initial editions
� described by Subsection (a) or (b). �If the State Energy
� Conservation Office adopts the latest published editions of the
� International Residential Code or the International Energy
� Conservation Code into the energy code, the office shall establish
� an effective date for the new editions that is not earlier than nine
� months after the date of adoption. �The laboratory shall submit
� recommendations concerning the latest published editions of the
� International Residential Code or the International Energy
� Conservation Code not later than six months after publication of
� new editions.
� �������(b-2)��The State Energy Conservation Office by rule shall
� establish a procedure for allowing an opportunity for persons who
� have an interest in the adoption of energy efficiency codes under
� Subsection (b-1) to comment on a code considered for adoption,
� including:
� �������������(1)��commercial and residential builders;
� �������������(2)��architects;
� �������������(3)��engineers;
� �������������(4)��county and other local government authorities; and
� �������������(5)��environmental groups.
� �������(b-3)��In developing written recommendations under
� Subsection (b-1), the laboratory shall consider the comments
� submitted under Subsection (b-2).
� �������SECTION�12.��Section 388.005, Health and Safety Code, is
� amended to read as follows:
� �������Sec.�388.005.��ENERGY EFFICIENCY PROGRAMS IN CERTAIN
� GOVERNMENTAL ENTITIES [POLITICAL SUBDIVISIONS]. �(a) �In this
� section:
� �������������(1)��"Institution of higher education" includes an
� institution of higher education as defined by Section 61.003,
� Education Code, and a private institution of higher education that
� receives funding from the state.
� �������������(2)��"Political[, "political] subdivision" means:
� �������������������(A)�[(1)]��an affected county; or
� �������������������(B)�[(2)]��any political subdivision in a
� nonattainment area or in an affected county other than:
� �������������������������(i)�[(A)]��a school district; or
� �������������������������(ii)�[(B)]��a district as defined by Section
� 36.001 or 49.001, Water Code, that had a total annual electricity
� expense of less than $200,000 in the previous fiscal year of the
� district.
� �������������(3)��"State agency" means a department, commission,
� board, office, council, or other agency in the executive branch of
� state government that is created by the constitution or a statute of
� this state and has authority not limited to a geographical portion
� of the state.
� �������(b)��Each political subdivision, institution of higher
� education, or state agency shall implement all energy efficiency
� measures that meet the standards established for a contract for
� energy conservation measures under Section 302.004(b), Local
� Government Code, in order to reduce electricity consumption by the
� existing facilities of the entity [the political subdivision].
� �������(c)��Each political subdivision, institution of higher
� education, or state agency shall establish a goal to reduce the
� electric consumption by the entity [political subdivision] by five
� percent each state fiscal year for six [five] years, beginning
� September 1, 2007 [January 1, 2002].
� �������(d)��A political subdivision, institution of higher
� education, or state agency that does not attain the goals under
� Subsection (c) must include in the report required by Subsection
� (e) justification that the entity [political subdivision] has
� already implemented all available measures.
� �������(e)��A political subdivision, institution of higher
� education, or state agency annually shall report to the State
� Energy Conservation Office, on forms provided by that office,
� regarding the entity's [political subdivision's] efforts and
� progress under this section. �The State Energy Conservation Office
� shall provide assistance and information to the entity [political
� subdivisions] to help the entity [the political subdivisions] meet
� the goals set under this section.
� �������(f)��This section does not apply to a state agency or an
� institution of higher education that the State Energy Conservation
� Office determines that, before September 1, 2007, adopted a plan
� for conserving energy under which the agency or institution
� established a percentage goal for reducing the consumption of
� electricity. �The exemption provided by this section applies only
� while the agency or institution has an energy conservation plan in
� effect and only if the agency or institution submits reports on the
� conservation plan each calendar quarter to the governor, the
� Legislative Budget Board, and the State Energy Conservation Office.
� �������SECTION�13.��Section 388.008, Health and Safety Code, is
� amended by amending Subsections (a) and (c) and adding Subsection
� (d) to read as follows:
� �������(a)��The laboratory shall develop a standardized report
� format to be used by providers of home energy ratings. �The
� laboratory may develop different report formats for rating newly
� constructed residences from those for existing residences.� The
� form must be designed to give potential buyers information on a
� structure's energy performance, including:
� �������������(1)��insulation;
� �������������(2)��types of windows;
� �������������(3)��heating and cooling equipment;
� �������������(4)��water heating equipment;
� �������������(5)��additional energy conserving features, if any;
� �������������(6)��results of performance measurements of building
� tightness and forced air distribution; and
� �������������(7)��an overall rating of probable energy efficiency
� relative to the minimum requirements of the International Energy
� Conservation Code or the energy efficiency chapter of the
� International Residential Code, as appropriate.
� �������(c)��The laboratory may cooperate with an industry
� organization or trade association to:
� �������������(1)��develop guidelines for home energy ratings;
� �������������(2)��provide training for individuals performing home
� energy ratings and providers of home energy ratings; and
� �������������(3)��provide a registry of completed ratings for newly
� constructed residences and residential improvement projects for
� the purpose of computing the energy savings and emissions
� reductions benefits of the [The] home energy ratings program [shall
� be implemented by September 1, 2002].
� �������(d)��The laboratory shall include information on the
� benefits attained from this program in an annual report to the
� commission.
� �������SECTION�14.��The heading to Section 74.3013, Property Code,
� is amended to read as follows:
� �������Sec.�74.3013.��DELIVERY OF MONEY FOR RURAL SCHOLARSHIP,
� [AND] ECONOMIC DEVELOPMENT, AND ENERGY EFFICIENCY ASSISTANCE.
� �������SECTION�15.��Sections 74.3013(a), (b), (e), (f), and (g),
� Property Code, are amended to read as follows:
� �������(a)��Notwithstanding and in addition to any other provision
� of this chapter or other law, a nonprofit cooperative corporation
� may deliver reported money to a scholarship fund for rural
� students,�[or] to stimulate rural economic development, or to
� provide energy efficiency assistance to members of electric
� cooperatives, instead of delivering the money to the comptroller as
� prescribed in Section 74.301.
� �������(b)��A nonprofit cooperative corporation may deliver the
� money under this section only:
� �������������(1)��to a scholarship fund established by one or more
� nonprofit cooperative corporations in this state to enable students
� from rural areas to attend college, technical school, or other
� postsecondary educational institution; [and]
� �������������(2)��to an economic development fund for the
� stimulation and improvement of business and commercial activity for
� economic development in rural communities; and
� �������������(3)��to an energy efficiency assistance fund to assist
� members of an electric cooperative in reducing their energy
� consumption and electricity bills.
� �������(e)��The comptroller shall prescribe forms and procedures
� governing this section, including forms and procedures relating to:
� �������������(1)��notice of presumed abandoned property;
� �������������(2)��delivery of reported money to a scholarship, [or]
� economic development fund, or energy efficiency assistance fund;
� �������������(3)��filing of a claim; and
� �������������(4)��procedures to allow equitable opportunity for
� participation by each nonprofit cooperative corporation in the
� state.
� �������(f)��During a state fiscal year the total amount of money
� that may be transferred by all nonprofit cooperative corporations
� under this section may not exceed $2 [$1] million. �No more than 20
� percent of each nonprofit cooperative's funds eligible for delivery
� under this section shall be used for economic development. �The
� comptroller shall adopt procedures to record the total amount of
� money transferred annually [to allow equitable opportunity for
� participation with preference given to corporations already
� providing similar scholarship opportunities in other states].
� �������(g)��Nonprofit cooperative corporations may combine
� [economic development] funds from other sources with any [economic
� development] funds delivered under this section. �In addition, such
� cooperatives may engage in other business and commercial
� activities, in their own behalf or through such subsidiaries and
� affiliates as deemed necessary, in order to provide and promote
� educational opportunities and to stimulate rural economic
� development.
� �������SECTION�16.��Subchapter H, Chapter 151, Tax Code, is amended
� by adding Section 151.333 to read as follows:
� �������Sec.�151.333.��ENERGY-EFFICIENT PRODUCTS. �(a) �In this
� section, "energy-efficient product" means a product that has been
� designated as an Energy Star qualified product under the Energy
� Star program jointly operated by the United States Environmental
� Protection Agency and the United States Department of Energy.
� �������(b)��This section applies only to the following
� energy-efficient products:
� �������������(1)��an air conditioner the sales price of which does
� not exceed $6,000;
� �������������(2)��a clothes washer;
� �������������(3)��a ceiling fan;
� �������������(4)��a dehumidifier;
� �������������(5)��a dishwasher;
� �������������(6)��an incandescent or fluorescent lightbulb;
� �������������(7)��a programmable thermostat; and
� �������������(8)��a refrigerator the sales price of which does not
� exceed $2,000.
� �������(c)��The sale of an energy-efficient product to which this
� section applies is exempted from the taxes imposed by this chapter
� if the sale takes place during a period beginning at 12:01 a.m. on
� the Saturday preceding the last Monday in May (Memorial Day) and
� ending at 11:59 p.m. on the last Monday in May.
� �������SECTION�17.��Subchapter A, Chapter 313, Tax Code, is amended
� by adding Section 313.008 to read as follows:
� �������Sec.�313.008.��REPORT ON COMPLIANCE WITH ENERGY-RELATED
� AGREEMENTS. �(a) �Before the beginning of each regular session of
� the legislature, the comptroller shall submit to the lieutenant
� governor, the speaker of the house of representatives, and each
� member of the legislature a report assessing the progress of each
� agreement entered into under this chapter utilizing data certified
� by agreement recipients, on each agreement entered into under this
� chapter involving energy-related projects, including wind
� generation, ethanol production, liquefied natural gas terminals,
� low sulfur diesel production, refinery cogeneration, and nuclear
� energy production. �The report must state for each agreement:
� �������������(1)��the number of qualifying jobs each recipient of a
� limitation on appraised value committed to create;
� �������������(2)��the number of qualifying jobs each recipient
� created;
� �������������(3)��the median wage of the new jobs each recipient
� created;
� �������������(4)��the amount of the qualified investment each
� recipient committed to expend or allocate per project;
� �������������(5)��the amount of the qualified investment each
� recipient expended or allocated per project;
� �������������(6)��the market value of the qualified property of each
� recipient as established by the local appraiser;
� �������������(7)��the limitation on appraised value for the
� qualified property of each recipient;
� �������������(8)��the dollar amount of the ad valorem taxes that
� would have been imposed on the market value of the qualified
� property;
� �������������(9)��the dollar amount of the ad valorem taxes imposed
� on the qualified property;
� �������������(10)��the number of new jobs created by each recipient
� in each sector of the North American Industry Classification System
� (NAICS); and
� �������������(11)��of the number of new jobs each recipient created,
� the number of positions created that provide health benefits for
� employees.
� �������(b)��The report may not include information that is made
� confidential by law.
� �������(c)��The comptroller may require a recipient to submit, on a
� form provided by the comptroller, information required to complete
� the report.
� �������SECTION�18.��Section 31.004, Utilities Code, is amended by
� adding Subsection (c) to read as follows:
� �������(c)��The commission shall provide information to school
� districts regarding how a school district may finance the
� installation of solar electric generation panels for school
� district buildings.
� �������SECTION�19.��Section 39.002, Utilities Code, is amended to
� read as follows:
� �������Sec.�39.002.��APPLICABILITY. �This chapter, other than
� Sections 39.155, 39.157(e), 39.203, 39.903, [and] 39.904, 39.9051,
� 39.9052, and 39.914(e), does not apply to a municipally owned
� utility or an electric cooperative. Sections 39.157(e), 39.203, and
� 39.904, however, apply only to a municipally owned utility or an
� electric cooperative that is offering customer choice. If there is
� a conflict between the specific provisions of this chapter and any
� other provisions of this title, except for Chapters 40 and 41, the
� provisions of this chapter control.
� �������SECTION�20.��Section 39.107, Utilities Code, is amended by
� adding Subsection (i) to read as follows:
� �������(i)��Subject to the restrictions in Subsection (h), it is the
� intent of the legislature that net metering and advanced meter
� information networks be deployed as rapidly as possible to allow
� customers to better manage energy use and control costs, and to
� facilitate demand response initiatives.
� �������SECTION�21.��Subchapter Z, Chapter 39, Utilities Code, is
� amended by adding Section 39.9025 to read as follows:
� �������Sec.�39.9025.��HOME ELECTRIC ENERGY REPORTS. �The commission
� may encourage retail electric providers to deliver individualized
� home electric energy reports to educate consumers about electric
� energy use and energy efficiency to assist consumers to use energy
� more efficiently.
� �������SECTION�22.��Section 39.905, Utilities Code, is amended by
� amending Subsections (a), (b), (d), (e), and (f) and adding
� Subsections (b-1), (b-2), (b-3), (b-4), and (g) to read as follows:
� �������(a)��It is the goal of the legislature that:
� �������������(1)��electric utilities will administer energy
� efficiency [savings] incentive programs in a market-neutral,
� nondiscriminatory manner but will not offer underlying competitive
� services;
� �������������(2)��all customers, in all customer classes, will have
� a choice of and access to energy efficiency alternatives and other
� choices from the market that allow each customer to reduce energy
� consumption, peak demand, or energy costs; [and]
� �������������(3)��each electric utility will provide, through
� market-based standard offer programs or limited, targeted,
� market-transformation programs, incentives sufficient for retail
� electric providers and competitive energy service providers to
� acquire additional cost-effective energy efficiency for
� residential and commercial customers�equivalent to at least:
� �������������������(A)��10 percent of the electric utility's annual
� growth in demand of residential and commercial customers by
� December 31, 2007;
� �������������������(B)��15 percent of the electric utility's annual
� growth in demand of residential and commercial customers by
� December 31, 2008, provided that the electric utility's program
� expenditures for 2008 funding may not be greater than 75 percent
� above the utility's program budget for 2007 for residential and
� commercial customers, as included in the April 1, 2006, filing; and
� �������������������(C)��20 percent of the electric utility's annual
� growth in demand of residential and commercial customers by
� December 31, 2009, provided that the electric utility's program
� expenditures for 2009 funding may not be greater than 150 percent
� above the utility's program budget for 2007 for residential and
� commercial customers, as included in the April 1, 2006, filing;
� �������������(4)��each electric utility in the ERCOT region shall
� use its best efforts to encourage and facilitate the involvement of
� the region's retail electric providers in the delivery of
� efficiency programs and demand response programs under this
� section;
� �������������(5)��retail electric providers in the ERCOT region, and
� electric utilities outside of the ERCOT region, shall provide
� customers with energy efficiency educational materials; and
� �������������(6)��notwithstanding Subsection (a)(3), electric
� utilities shall continue to make available, at 2007 funding and
� participation levels, any load management standard offer programs
� developed for industrial customers and implemented prior to May 1,
� 2007.
� �������(b)��The commission shall provide oversight and adopt rules
� and procedures[, as necessary,] to ensure that the utilities can
� achieve the goal of this section, including:
� �������������(1)��establishing an energy efficiency cost recovery
� factor for ensuring timely and reasonable cost recovery for utility
� expenditures made to satisfy the goal of this section;
� �������������(2)��establishing an incentive under Section 36.204 to
� reward utilities administering programs under this section that
� exceed the minimum goals established by this section;
� �������������(3)��providing a utility that is unable to establish an
� energy efficiency cost recovery factor in a timely manner due to a
� rate freeze with a mechanism to enable the utility to:
� �������������������(A)��defer the costs of complying with this
� section; and
� �������������������(B)��recover the deferred costs through an energy
� efficiency cost recovery factor on the expiration of the rate
� freeze period;
� �������������(4)��ensuring that the costs associated with programs
� provided under this section are borne by the customer classes that
� receive the services under the programs; and
� �������������(5)��ensuring the program rules encourage the value of
� the incentives to be passed on to the end-use customer.
� �������(b-1)��The energy efficiency cost recovery factor under
� Subsection (b)(1) may not result in an over-recovery of costs but
� may be adjusted each year to change rates to enable utilities to
� match revenues against energy efficiency costs and any incentives
� to which they are granted. The factor shall be adjusted to reflect
� any over-collection or under-collection of energy efficiency cost
� recovery revenues in previous years.
� �������(b-2)��The commission shall conduct a study, to be funded by
� electric utilities, regarding cost-effective energy efficiency in
� this state. Not later than January 15, 2009, the commission shall
� submit to the legislature a report regarding the commission's
� findings that:
� �������������(1)��considers the technical, economic, and achievable
� potential, and natural occurrence of energy efficiency in this
� state in terms of kilowatts and kilowatt hours for each element;
� �������������(2)��determines the amount of savings that is
� achievable through utility programs in compliance with commission
� rules;
� �������������(3)��recommends whether:
� �������������������(A)��utility funding of energy efficiency in areas
� of the state with competitive retail electric service should
� continue;
� �������������������(B)��energy efficiency in areas with competitive
� retail electric service is best provided by the competitive market;
� and
� �������������������(C)��utilities should fund education programs to
� be conducted by the commission regarding the provision of energy
� efficiency service from the competitive market;
� �������������(4)��provides estimates of achievable savings specific
� to each utility service area and each customer class;
� �������������(5)��quantifies the costs and rate impacts associated
� with meeting energy efficiency goals;
� �������������(6)��determines whether an increase in the goal to 30
� percent of the growth in demand for each utility is achievable by
� December 31, 2010, and whether an increase in the goal to 50 percent
� of the growth in demand for electricity is achievable by December
� 31, 2015, by each utility in the service area served through the
� energy efficiency programs described by this section;
� �������������(7)��recommends policies designed to promote energy
� efficiency in the areas of the state that are not served by the
� utilities which administer programs under this section; and
� �������������(8)��identifies potential barriers to the increased
� participation by retail electric providers in the delivery of
� energy efficiency services to ERCOT customers, and to the increased
� potential for energy efficiency in ERCOT or in this state
� generally, including any recommended regulatory or statutory
� changes to eliminate such barriers or facilitate greater
� efficiency.
� �������(b-3)��Beginning not later than January 1, 2008, the
� commission, in consultation with the State Energy Conservation
� Office, annually for a period of five years shall compute and report
� to ERCOT the projected energy savings and demand impacts for each
� entity in the ERCOT region that administers standard offer
� programs, market transformation programs, combined heating and
� power technology, demand response programs, solar incentive
� programs, appliance efficiency standards, energy efficiency
� programs in public buildings, and any other relevant programs that
� are reasonably anticipated to reduce electricity energy or peak
� demand or that serve as substitutes for electric supply.
� �������(b-4)��The commission and ERCOT shall develop a method to
� account for the projected efficiency impacts under Subsection (b-3)
� in ERCOT's annual forecasts of future capacity, demand, and
� reserves.
� �������(d)��The commission shall establish a procedure for
� reviewing and evaluating market-transformation program options
� described by this subsection and other options. In evaluating
� program options, the commission may consider the ability of a
� program option to reduce costs to customers through reduced demand,
� energy savings, and relief of congestion. �Utilities [adopt the
� following market-transformation program options that the
� utilities] may choose to implement any program option approved by
� the commission after its evaluation in order to satisfy the goal in
� Subsection (a), including [(a)(3)]:
� �������������(1)��energy-smart schools;
� �������������(2)��appliance retirement and recycling;
� �������������(3)��air conditioning system tune-ups; [and]
� �������������(4)��the use of trees or other landscaping for energy
� efficiency;
� �������������(5)��customer energy management and demand response
� programs;
� �������������(6)��high performance residential and commercial
� buildings that will achieve the levels of energy efficiency
� sufficient to qualify those buildings for federal tax incentives;
� �������������(7)��programs for customers who rent or lease their
� residence or commercial space;
� �������������(8)��programs providing energy monitoring equipment to
� customers that enable a customer to better understand the amount,
� price, and time of the customer's energy use;
� �������������(9)��energy audit programs for owners and other
� residents of single-family or multifamily residences and for small
� commercial customers;
� �������������(10)��net-zero energy new home programs;
� �������������(11)��solar thermal or solar electric programs; and
� �������������(12)��programs for using windows and other glazing
� systems, glass doors, and skylights in residential and commercial
� buildings that reduce solar gain by at least 30 percent from the
� level established for the federal Energy Star windows program.
� �������(e)��An electric utility may use money approved by the
� commission for energy efficiency programs to perform necessary
� energy efficiency research and development to foster continuous
� improvement and innovation in the application of energy efficiency
� technology and energy efficiency program design and
� implementation. �Money the utility uses under this subsection may
� not exceed 10 percent of the greater of:
� �������������(1)��the amount the commission approved for energy
� efficiency programs in the utility's most recent full rate
� proceeding; or
� �������������(2)��the commission-approved expenditures by the
� utility for energy efficiency in the previous year.
� �������(f)��Unless funding is provided under Section 39.903,
� [beginning January 1, 2006,] each unbundled transmission and
� distribution utility shall include in its energy efficiency plan a
� targeted low-income energy efficiency program as described by
� Section 39.903(f)(2), and the savings achieved by the program shall
� count toward the transmission and distribution utility's energy
� efficiency goal. �The commission shall determine the appropriate
� level of funding to be allocated to both targeted and standard offer
� low-income energy efficiency programs in each unbundled
� transmission and distribution utility service area. �The total
� expenditures for both targeted and standard offer low-income energy
� efficiency programs will be based on the amount spent by the
� transmission and distribution utility on the commission's
� hard-to-reach program in calendar year 2003. �This level of funding
� for low-income energy efficiency programs shall be provided from
� money approved by the commission for the transmission and
� distribution utility's energy efficiency programs. �The state
� agency that administers the federal weatherization assistance
� program shall provide reports as required by the commission to
� provide the most current information available on energy and peak
� demand savings achieved in each transmission and distribution
� utility service area.
� �������(g)��The commission may provide for a good cause exemption to
� a utility's liability for an administrative penalty or other
� sanction if the utility fails to meet a goal for energy efficiency
� under this section and the utility's failure to meet the goal is
� caused by one or more factors outside of the utility's control,
� including:
� �������������(1)��insufficient demand by retail electric providers
� and competitive energy service providers for program incentive
� funds made available by the utility through its programs;
� �������������(2)��changes in building energy codes; and
� �������������(3)��changes in government-imposed appliance or
� equipment efficiency standards.
� �������SECTION�23.��Subchapter Z, Chapter 39, Utilities Code, is
� amended by adding Sections 39.9051, 39.9052, 39.911, 39.912, and
� 39.913 to read as follows:
� �������Sec.�39.9051.��ENERGY EFFICIENCY FOR MUNICIPALLY OWNED
� UTILITIES. �(a) �In this section, "municipally owned utility" has
� the meaning assigned by Section 11.003.
� �������(b)��This section applies only to a municipally owned utility
� that had retail sales of more than 500,000 megawatt hours in 2005.
� �������(c)��It is the goal of the legislature that:
� �������������(1)��municipally owned utilities will administer
� energy savings incentive programs;
� �������������(2)��customers of a municipally owned utility will have
� a choice of and access to energy efficiency alternatives that allow
� customers to reduce energy consumption, peak demand, or energy
� costs; and
� �������������(3)��each municipally owned utility will provide
� incentives sufficient for municipally owned utilities to acquire
� additional cost-effective energy efficiency.
� �������(d)��The governing body of a municipally owned utility shall
� provide oversight and adopt rules and procedures, as necessary, to
� ensure that the utility can achieve the goal of this section.
� �������(e)��If a municipally owned utility adopts customer choice by
� decision of the governing body under Chapter 40, the commission
� shall provide oversight and adopt rules and procedures, as
� necessary, to ensure that the municipally owned utility can achieve
� the goal in this section in a market-neutral, nondiscriminatory
� manner. �The commission shall, to the extent possible, include
� existing energy efficiency programs already adopted by the
� municipally owned utility.
� �������(f)��Not later than September 1, 2009, a municipally owned
� utility must report to the State Energy Conservation Office, in a
� form and manner determined by the utility in consultation with the
� office, information regarding the combined effects of the energy
� efficiency activities of the utility.
� �������Sec.�39.9052.��ENERGY EFFICIENCY FOR ELECTRIC COOPERATIVES. �
� (a) �An electric cooperative shall consider adopting and
� implementing energy efficiency programs that reduce the
� cooperative's annual growth in demand in a manner consistent with
� standards established in the state for other utilities.
� �������(b)��Not later than September 1, 2009, an electric
� cooperative that had retail sales of more than 500,000 megawatt
� hours in 2005 must report to the State Energy Conservation Office,
� in a form and manner determined by the electric cooperative in
� consultation with the office, information regarding the combined
� effects of the energy efficiency activities of the electric
� cooperative.
� �������Sec.�39.911.��ALTERNATIVE FUNDING FOR ENERGY EFFICIENCY AND
� RENEWABLE ENERGY SYSTEMS. �The State Energy Conservation Office, in
� coordination with the governor, the Department of Agriculture, the
� Texas Commission on Environmental Quality, the Texas Education
� Agency, the commission, and other appropriate state agencies, shall
� solicit gifts, grants, and other financial resources available to
� fund energy efficiency improvements and renewable energy systems
� for public and private facilities in this state.
� �������Sec.�39.912.��REPORT ON COMBINED HEATING AND POWER
� TECHNOLOGY. �The commission shall study the installation and use of
� combined heating and power technology in this state, and shall
� submit a report regarding the commission's findings to the 81st
� Legislature. �The report shall include:
� �������������(1)��an explanation describing combined heating and
� power technology and its use; and
� �������������(2)��an explanation of how combined heating and power
� technology can be implemented in this state to meet energy
� efficiency goals.
� �������Sec.�39.913.��COMBINING CERTAIN REPORTS. �The commission may
� combine the reports required under Sections 39.905(b-2) and 39.912.
� �������SECTION�24.��Subchapter Z, Chapter 39, Utilities Code, is
� amended by adding Section 39.914 to read as follows:
� �������Sec.�39.914.��CREDIT FOR SURPLUS SOLAR GENERATION BY PUBLIC
� SCHOOLS. �(a) �An electric utility or retail electric provider shall
� provide for net metering and contract with an independent school
� district so that:
� �������������(1)��surplus electricity produced by a school
� building's solar electric generation panels is made available for
� sale to the electric transmission grid and distribution system; and
� �������������(2)��the net value of that surplus electricity is
� credited to the district.
� �������(b)��For areas of this state in which customer choice has not
� been introduced, the commission by rule shall require that credits
� for electricity produced by a school building's solar electric
� generation panels reflect the value of the electricity that is made
� available for sale to the electric utility in accordance with
� federal regulations.
� �������(c)��For independent school districts in areas in which
� customer choice has been introduced, the district must sell the
� school buildings' surplus electricity produced to the retail
� electric provider that serves the school district's load at a value
� agreed to between the district and the provider that serves the
� district's load. �The agreed value may be based on the clearing
� price of energy at the time of day that the electricity is made
� available to the grid. �The independent organization identified in
� Section 39.151 shall develop procedures so that the amount of
� electricity purchased from a district under this section is
� accounted for in settling the total load served by the provider that
� serves the district's load. �A district requesting net metering
� services for purposes of this section must have metering devices
� capable of providing measurements consistent with the independent
� organization's settlement requirements.
� �������(d)��A transmission and distribution utility shall make
� available to an independent school district for purposes of this
� section metering required for services provided under this section,
� including separate meters that measure the load and generator
� output or a single meter capable of measuring separately in-flow
� and out-flow at the point of common coupling meter point. �The
� district must pay the differential cost of the metering unless the
� meters are provided at no additional cost. �Except as provided by
� this section, Section 39.107 applies to metering under this
� section.
� �������(e)��A municipally owned utility or electric cooperative
� shall consider and complete the determinations regarding net
� metering service as provided by the federal Public Utility
� Regulatory Policies Act of 1978 (16 U.S.C. Section 2601 et seq., as
� amended by the federal Energy Policy Act of 2005 (Pub. L. No.
� 109-58)) after proceedings conducted in accordance with that law. �
� A municipally owned utility or electric cooperative shall report
� the determinations made under this subsection to the State Energy
� Conservation Office and include in that report information
� regarding metering electricity generated by solar panels on public
� school building rooftops.
� �������SECTION�25.��Subchapter Z, Chapter 39, Utilities Code, is
� amended by adding Section 39.915 to read as follows:
� �������Sec.�39.915.��CONSIDERATION AND APPROVAL OF CERTAIN
� TRANSACTIONS. �(a) �To protect retail customers in this state, and
� to ensure the continuation of cost-effective energy efficiency
� measures and delivery systems, notwithstanding any other provision
� of this title, an electric utility or transmission and distribution
� utility must report to and obtain approval of the commission before
� closing any transaction in which:
� �������������(1)��the electric utility or transmission and
� distribution utility will be merged or consolidated with another
� electric utility or transmission and distribution utility;
� �������������(2)��at least 50 percent of the stock of the electric
� utility or transmission and distribution utility will be
� transferred or sold; or
� �������������(3)��a controlling interest or operational control of
� the electric utility or transmission and distribution utility will
� be transferred.
� �������(b)��The commission shall approve a transaction under
� Subsection (a) if the commission finds that the transaction is in
� the public interest. �In making its determination, the commission
� shall consider whether the transaction will adversely affect the
� reliability of service, availability of service, or cost of service
� of the electric utility or transmission and distribution utility. �
� The commission shall make the determination concerning a
� transaction under this subsection not later than the 180th day
� after the date the commission receives the relevant report. �If the
� commission has not made a determination before the 181st day after
� that date, the transaction is considered approved.
� �������(c)��Subsections (a) and (b) do not apply to a transaction
� described by Subsection (a) for which a definitive agreement was
� executed before April 1, 2007, if an electric utility or
� transmission and distribution utility or a person seeking to
� acquire or merge with an electric utility or transmission and
� distribution utility made a filing for review of the transaction
� under Section 14.101 before May 1, 2007, and the resulting
� proceeding was not withdrawn.
� �������(d)��If an electric utility or transmission and distribution
� utility or a person seeking to acquire or merge with an electric
� utility or transmission and distribution utility files with the
� commission a stipulation, representation, or commitment in advance
� of or as part of a filing under this section or under Section
� 14.101, the commission may enforce the stipulation,
� representation, or commitment to the extent that the stipulation,
� representation, or commitment is consistent with the standards
� provided by this section and Section 14.101. �The commission may
� reasonably interpret and enforce conditions adopted under this
� section.
� �������SECTION�26.��Subchapter Z, Chapter 39, Utilities Code, is
� amended by adding Section 39.916 to read as follows:
� �������Sec.�39.916.��INTERCONNECTION OF DISTRIBUTED RENEWABLE
� GENERATION. �(a) �In this section:
� �������������(1)��"Distributed renewable generation" means electric
� generation with a capacity of not more than 2,000 kilowatts
� provided by a renewable energy technology, as defined by Section
� 39.904, that is installed on a retail electric customer's side of
� the meter.
� �������������(2)��"Distributed renewable generation owner" means
� the owner of distributed renewable generation.
� �������������(3)��"Interconnection" means the right of a distributed
� renewable generation owner to physically connect distributed
� renewable generation to an electricity distribution system, and the
� technical requirements, rules, or processes for the connection.
� �������(b)��A transmission and distribution utility or electric
� utility shall allow interconnection if:
� �������������(1)��the distributed renewable generation to be
� interconnected has a five-year warranty against breakdown or undue
� degradation; and
� �������������(2)��the rated capacity of the distributed renewable
� generation does not exceed the transmission and distribution
� utility or electric utility service capacity.
� �������(c)��A customer may request interconnection by filing an
� application for interconnection with the transmission and
� distribution utility or electric utility. �Procedures of a
� transmission and distribution utility or electric utility for the
� submission and processing of a customer's application for
� interconnection shall be consistent with rules adopted by the
� commission regarding interconnection.
� �������(d)��The commission by rule shall establish safety,
� technical, and performance standards for distributed renewable
� generation that may be interconnected. �In adopting the rules, the
� commission shall consider standards published by the Underwriters
� Laboratories, the National Electric Code, the National Electric
� Safety Code, and the Institute of Electrical and Electronics
� Engineers.
� �������(e)��A transmission and distribution utility, electric
� utility, or retail electric provider may not require a distributed
� renewable generation owner whose distributed renewable generation
� meets the standards established by rule under Subsection (d) to
� purchase an amount, type, or classification of liability insurance
� the distributed renewable generation owner would not have in the
� absence of the distributed renewable generation.
� �������(f)��A transmission and distribution utility or electric
� utility shall make available to a distributed renewable generation
� owner for purposes of this section metering required for services
� provided under this section, including separate meters that measure
� the load and generator output or a single meter capable of measuring
� in-flow and out-flow at the point of common coupling meter point.
� The distributed renewable generation owner must pay the
� differential cost of the metering unless the meters are provided at
� no additional cost. �Except as provided by this section, Section
� 39.107 applies to metering under this section.
� �������(g)��A renewable energy credit that is earned by a
� distributed renewable generation owner through the interconnection
� of a renewable electric system is the sole property of the
� distributed renewable generation owner unless the distributed
� renewable generation owner engages in a transaction to sell or
� trade the credit under Section 39.904. �For electric utilities, the
� commission shall address the ownership of renewable energy credits
� associated with power sold to the utility.
� �������(h)��An electric utility or retail electric provider may
� contract with a distributed renewable generation owner so that:
� �������������(1)��surplus electricity produced by distributed
� renewable generation is made available for sale to the transmission
� grid and distribution system; and
� �������������(2)��the net value of that surplus electricity is
� credited to the distributed renewable generation owner.
� �������[(i) reserved]
� �������(j)��For distributed renewable generation owners in areas in
� which customer choice has been introduced, the distributed
� renewable generation owner must sell the owner's surplus
� electricity produced to the retail electric provider that serves
� the distributed renewable generation owner's load at a value agreed
� to between the distributed renewable generation owner and the
� provider that serves the owner's load which may include, but is not
� limited to, an agreed value based on the clearing price of energy at
� the time of day that the electricity is made available to the grid
� or it may be a credit applied to an account during a billing period
� that may be carried over to subsequent billing periods until the
� credit has been redeemed. The independent organization identified
� in Section 39.151 shall develop procedures so that the amount of
� electricity purchased from a distributed renewable generation
� owner under this section is accounted for in settling the total load
� served by the provider that serves that owner's load by January 1,
� 2009. �A distributed renewable generation owner requesting net
� metering services for purposes of this section must have metering
� devices capable of providing measurements consistent with the
� independent organization's settlement requirements.
� �������SECTION�27.��Section 40.055(a), Utilities Code, is amended
� to read as follows:
� �������(a)��The municipal governing body or a body vested with the
� power to manage and operate a municipally owned utility has
� exclusive jurisdiction to:
� �������������(1)��set all terms of access, conditions, and rates
� applicable to services provided by the municipally owned utility,
� subject to Sections 40.054 and 40.056, including nondiscriminatory
� and comparable rates for distribution but excluding wholesale
� transmission rates, terms of access, and conditions for wholesale
� transmission service set by the commission under this subtitle,
� provided that the rates for distribution access established by the
� municipal governing body shall be comparable to the distribution
� access rates that apply to the municipally owned utility and the
� municipally owned utility's affiliates;
� �������������(2)��determine whether to unbundle any energy-related
� activities and, if the municipally owned utility chooses to
� unbundle, whether to do so structurally or functionally;
� �������������(3)��reasonably determine the amount of the municipally
� owned utility's stranded investment;
� �������������(4)��establish nondiscriminatory transition charges
� reasonably designed to recover the stranded investment over an
� appropriate period of time, provided that recovery of retail
� stranded costs shall be from all existing or future retail
� customers, including the facilities, premises, and loads of those
� retail customers, within the utility's geographical certificated
� service area as it existed on May 1, 1999;
� �������������(5)��determine the extent to which the municipally
� owned utility will provide various customer services at the
� distribution level, including other services that the municipally
� owned utility is legally authorized to provide, or will accept the
� services from other providers;
� �������������(6)��manage and operate the municipality's electric
� utility systems, including exercise of control over resource
� acquisition and any related expansion programs;
� �������������(7)��establish and enforce service quality and
� reliability standards and consumer safeguards designed to protect
� retail electric customers, including safeguards that will
� accomplish the objectives of Sections 39.101(a) and (b), consistent
� with this chapter;
� �������������(8)��determine whether a base rate reduction is
� appropriate for the municipally owned utility;
� �������������(9)��determine any other utility matters that the
� municipal governing body or body vested with power to manage and
� operate the municipally owned utility believes should be included;
� [and]
� �������������(10)��make any other decisions affecting the
� municipally owned utility's participation in customer choice that
� are not inconsistent with this chapter; and
� �������������(11)��determine the extent to which the municipally
� owned utility offers energy efficiency programs and how the
� programs are administered by the utility, except as provided by
� Section 39.9051(e).
� �������SECTION�28.��Section 41.055, Utilities Code, is amended to
� read as follows:
� �������Sec.�41.055.��JURISDICTION OF BOARD OF DIRECTORS. �A board of
� directors has exclusive jurisdiction to:
� �������������(1)��set all terms of access, conditions, and rates
� applicable to services provided by the electric cooperative, except
� as provided by Sections 41.054 and 41.056, including
� nondiscriminatory and comparable rates for distribution but
� excluding wholesale transmission rates, terms of access, and
� conditions for wholesale transmission service set by the commission
� under Subchapter A, Chapter 35, provided that the rates for
� distribution established by the electric cooperative shall be
� comparable to the distribution rates that apply to the electric
� cooperative and its subsidiaries;
� �������������(2)��determine whether to unbundle any energy-related
� activities and, if the board of directors chooses to unbundle,
� whether to do so structurally or functionally;
� �������������(3)��reasonably determine the amount of the electric
� cooperative's stranded investment;
� �������������(4)��establish nondiscriminatory transition charges
� reasonably designed to recover the stranded investment over an
� appropriate period of time;
� �������������(5)��determine the extent to which the electric
� cooperative will provide various customer services, including
� nonelectric services, or accept the services from other providers;
� �������������(6)��manage and operate the electric cooperative's
� utility systems, including exercise of control over resource
� acquisition and any related expansion programs;
� �������������(7)��establish and enforce service quality standards,
� reliability standards, and consumer safeguards designed to protect
� retail electric customers;
� �������������(8)��determine whether a base rate reduction is
� appropriate for the electric cooperative;
� �������������(9)��determine any other utility matters that the board
� of directors believes should be included;
� �������������(10)��sell electric energy and capacity at wholesale,
� regardless of whether the electric cooperative participates in
� customer choice;
� �������������(11)��determine the extent to which the electric
� cooperative offers energy efficiency programs and how the programs
� are administered by the electric cooperative; and
� �������������(12)�[(11)]��make any other decisions affecting the
� electric cooperative's method of conducting business that are not
� inconsistent with the provisions of this chapter.
� �������SECTION�29.��The State Energy Conservation Office shall
� adopt rules implementing a procedure for stakeholder participation
� as required under Section 388.003(b-2), Health and Safety Code, as
� added by this Act, as soon as practicable after the effective date
� of this Act.
� �������SECTION�30.��(a) �The energy conservation standards for
� equipment and appliances under Section 2158.301, Government Code,
� as added by this Act, apply to a purchase by a state agency on or
� after the effective date of this Act.
� �������(b)��The Texas Building and Procurement Commission shall
� develop a list of equipment and appliances under Section 2155.068,
� Government Code, as amended by this Act, as soon as practicable
� after the effective date of this Act.
� �������SECTION�31.��Section 2165.058(c), Government Code, as added
� by this Act, applies only to an entity that contracts with the Texas
� Building and Procurement Commission or another state agency to
� install or operate a vending machine on or after the effective date
� of this Act.
� �������SECTION�32.��The change in law made by this Act does not
� affect taxes imposed before the effective date of this Act, and the
� law in effect before the effective date of this Act is continued in
� effect for purposes of the liability for and collection of those
� taxes.
� �������SECTION�33.��This Act takes effect September 1, 2007.
�
�
� ______________________________ ______________________________
� ���President of the Senate Speaker of the House�����
�
�
� �������I certify that H.B. No. 3693 was passed by the House on May
� 10, 2007, by the following vote:��Yeas 141, Nays 0, 2 present, not
� voting; that the House refused to concur in Senate amendments to
� H.B. No. 3693 on May 25, 2007, and requested the appointment of a
� conference committee to consider the differences between the two
� houses; and that the House adopted the conference committee report
� on H.B. No. 3693 on May 28, 2007, by the following vote:��Yeas 140,
� Nays 2, 3 present, not voting.
�
� ______________________________
� Chief Clerk of the House���
�
� �������I certify that H.B. No. 3693 was passed by the Senate, with
� amendments, on May 23, 2007, by the following vote:��Yeas 31, Nays
� 0; at the request of the House, the Senate appointed a conference
� committee to consider the differences between the two houses; and
� that the Senate adopted the conference committee report on H.B. No.
� 3693 on May 26, 2007, by the following vote:��Yeas 30, Nays 0.
�
� ______________________________
� Secretary of the Senate���
� APPROVED: __________________
� ����������������Date�������
� �
� �������� __________________
� ��������������Governor�������
OSZAR »