- (a) An energy savings performance contract under this chapter may be let in accordance with the procedures established for procuring certain professional services by Section 2254.004, Government Code. Notice of the request for qualifications shall be published in the manner provided for competitive bidding.
- (b) Before entering into an energy savings performance contract, the governing body must require that the cost savings projected by an offeror be reviewed by a licensed engineer who is not an officer or employee of an offeror for the contract under review or otherwise associated with the contract or the offeror. An engineer who reviews a contract shall maintain the confidentiality of any proprietary information the engineer acquires while reviewing the contract. Sections 1001.053 and 1001.407, Occupations Code, apply to work performed under the contract.
Added by Acts 1997, 75th Leg., ch. 635, Sec. 1, eff. June 11, 1997.
Amended by Acts 2001, 77th Leg., ch. 573, Sec. 12, eff. Sept. 1, 2001;
Acts 2001, 77th Leg., ch. 1319, Sec. 7;
Acts 2003, 78th Leg., ch. 1276, Sec. 12.005, eff. Sept. 1, 2003;
Acts 2003, 78th Leg., ch. 1310, Sec. 82, eff. June 20, 2003.