Highlights 77th Texas Legislature - Senate

___________________S TATE
FFAIRS/GeneralGeneral
TATE AFFAIRS
77 th Texas Legislature
Provides that an encumbrance may be properly fixed on homestead property for an extension of credit that
meets the requirements of the Texas Constitution, and a reverse mortgage that meets the same
requirements.
Indoor Air Quality in State-Owned Buildings - H.B. 2008
by Representative Naishtat, et al.
Senate Sponsor: Senator Moncrief
While current law prohibits smoking in public buildings, a number of other air pollutants present a danger as
well. In 1995 the legislature directed the Texas Board of Health (board) to develop voluntary indoor air
quality guidelines for public schools.
Requires the board to develop voluntary guidelines to other government buildings. The board may set
different guidelines for buildings that are regularly occupied or visited by children.
State Agency Energy Performance Contracting - H.B. 2277
by Representative Carter
Senate Sponsor: Senator Fraser
Energy performance contracting is a financing method that allows a facility to complete energy-saving
improvements within an existing budget by financing them with money saved through reduced utility
expenditures. Over the past five legislative sessions, the legislature has passed and improved upon
measures to allow state agencies, state universities, and local political subdivisions to enter into multiyear
energy performance contracts. However, no state agency has taken advantage of this mechanism to
finance energy efficiency retrofits.
Clarifies the authority of state agencies to use the master equipment lease purchase program administered
by the Texas Public Finance Authority to finance energy efficiency programs, and makes other changes to
encourage state agencies to utilize performance contracting.
Legislative Ability to Waive Sovereign Immunity - H.B. 2312
by Representative Bosse
Senate Sponsor: Senator Cain
During the 76th legislative session, the legislature established an administrative procedure for disputes
arising on contract claims against the state. In February 2001, the Texas Supreme Court ruled in General
Services Commission v. Little-Tex Insulation Company Inc. that the administrative procedure established
by the legislature for certain breach of contract claims against the state was intended to be the exclusive
method available for resolving those cases. This decision narrowed the ability of the legislature to waive
sovereign immunity. H.B. 2312 clarifies the ability of the legislature to waive sovereign immunity.
Senate Research Center 279