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AN ACT
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relating to the procurement methods of certain political |
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subdivisions and certain other entities for the construction, |
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rehabilitation, alteration, or repair of certain projects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 252.021(a), Local Government Code, is |
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amended to read as follows: |
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(a) Before a municipality may enter into a contract that |
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requires an expenditure of more than $25,000 from one or more |
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municipal funds, the municipality must: |
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(1) comply with the procedure prescribed by this |
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subchapter and Subchapter C for competitive sealed bidding or |
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competitive sealed proposals; |
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(2) use the reverse auction procedure, as defined by |
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Section 2155.062(d), Government Code, for purchasing; or |
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(3) comply with a method described by Subchapter H or |
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J, Chapter 271. |
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SECTION 2. Sections 271.111(7) and (10), Local Government |
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Code, are amended to read as follows: |
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(7) "Facility" means, unless otherwise specifically |
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provided, buildings the design and construction of which are |
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governed by accepted building codes. The term does not include: |
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(A) highways, roads, streets, bridges, |
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utilities, water supply projects, water plants, wastewater plants, |
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water and wastewater distribution or conveyance facilities, |
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wharves, docks, airport runways and taxiways, drainage projects, or |
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related types of projects associated with civil engineering |
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construction; or |
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(B) buildings or structures that are incidental |
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to projects that are primarily civil engineering construction |
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projects. |
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(10) "Governmental entity" means a municipality, |
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county, hospital district, water district or authority created |
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under Section 59, Article XVI, Texas Constitution, including a |
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river authority or conservation and reclamation district, or a |
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defense base development authority established under Chapter 379B |
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[378 as added by Chapter 1221, Acts of the 76th Legislature, Regular
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Session, 1999]. |
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SECTION 3. Section 271.116, Local Government Code, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) In this section "facility" means an improvement to |
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real property. |
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SECTION 4. Section 271.118, Local Government Code, is |
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amended by adding Subsection (a-1) to read as follows: |
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(a-1) In this section "facility" means an improvement to |
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real property. |
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SECTION 5. Section 271.120(i), Local Government Code, is |
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amended to read as follows: |
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(i) If a job order contract or an order issued under the |
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contract requires engineering or architectural services that |
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constitute the practice of engineering within the meaning of |
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Chapter 1001, Occupations Code, or the practice of architecture |
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within the meaning of Chapter 1051, Occupations Code, the |
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governmental entity shall select or designate an architect or |
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engineer to prepare the construction documents for the facility |
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[those services shall be provided in accordance with applicable
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law]. If the architect or engineer is not a full-time employee of |
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the governmental entity, the governmental entity shall select the |
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architect or engineer on the basis of demonstrated competence and |
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qualifications as provided by Section 2254.004, Government Code. |
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SECTION 6. Chapter 271, Local Government Code, is amended |
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by adding Subchapter J to read as follows: |
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SUBCHAPTER J. DESIGN-BUILD PROCEDURES FOR CERTAIN CIVIL WORKS |
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PROJECTS |
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Sec. 271.181. DEFINITIONS. In this subchapter: |
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(1) "Architect" means an individual registered as an |
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architect under Chapter 1051, Occupations Code. |
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(2) "Civil works project" means: |
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(A) roads, streets, bridges, utilities, water |
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supply projects, water plants, wastewater plants, water |
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distribution and wastewater conveyance facilities, desalination |
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projects, airport runways and taxiways, storm drainage and flood |
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control projects, or transit projects; |
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(B) types of projects or facilities related to |
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those described by Paragraph (A) and associated with civil |
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engineering construction; and |
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(C) buildings or structures that are incidental |
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to projects or facilities that are described by Paragraphs (A) and |
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(B) and that are primarily civil engineering construction projects. |
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(3) "Design-build firm" means a partnership, |
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corporation, or other legal entity or team that includes an |
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engineer and a construction contractor qualified to engage in civil |
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works construction in Texas. |
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(4) "Design criteria package" means a set of documents |
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that: |
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(A) provides sufficient information to convey |
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the intent, goals, criteria, and objectives of the civil works |
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project; and |
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(B) permits a design-build firm to: |
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(i) assess the scope of work and the risk |
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involved; and |
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(ii) submit a proposal on the project. |
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(5) "Engineer" means an individual licensed as an |
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engineer under Chapter 1001, Occupations Code. |
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(6) "Local governmental entity" means a municipality, |
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a county, a river authority, a defense base development authority |
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established under Chapter 379B, a municipally owned water utility |
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with a separate governing board appointed by the governing body of a |
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municipality, or any other special district or authority authorized |
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by law to enter into a public works contract for a civil works |
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project. The term does not include a regional tollway authority |
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created under Chapter 366, Transportation Code, a regional mobility |
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authority created under Chapter 370, Transportation Code, or a |
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water district or authority created under Section 52, Article III, |
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or Section 59, Article XVI, Texas Constitution, with a population |
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of less than 50,000. |
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Sec. 271.182. APPLICABILITY. (a) Before September 1, |
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2009, this subchapter applies to a local governmental entity with a |
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population of 500,000 or more within its geographic boundaries or |
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service area. |
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(b) On or after September 1, 2009, and before September 1, |
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2011, this subchapter applies to a local governmental entity with a |
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population of more than 100,000 within its geographic boundaries or |
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service area. |
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Sec. 271.183. APPLICABILITY OF OTHER LAW. (a) The |
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purchasing requirements of Section 361.426, Health and Safety Code, |
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apply to purchases by a local governmental entity made under this |
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subchapter. |
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(b) Except as provided by this section, to the extent of any |
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conflict, this subchapter prevails over any other law relating to |
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the purchasing of goods and services except a law relating to |
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contracting with historically underutilized businesses. |
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Sec. 271.184. NOTICE REQUIREMENTS. (a) A local |
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governmental entity shall advertise or publish notice of requests |
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for bids, proposals, or qualifications in any manner prescribed by |
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law. |
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(b) For a contract entered into by a local governmental |
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entity under any of the methods provided by this subchapter, the |
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entity shall publish notice of the time and place the bid or |
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proposals or the request for qualifications will be received and |
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opened in any manner prescribed by law. |
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Sec. 271.185. CONTRACTS FOR CIVIL WORKS PROJECTS: |
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DESIGN-BUILD. (a) A local governmental entity may use the |
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design-build method for the construction, rehabilitation, |
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alteration, or repair of a civil works project. In using this method |
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and in entering into a contract for the services of a design-build |
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firm, the contracting local governmental entity and the |
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design-build firm shall follow the procedures provided by this |
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subchapter. |
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(b) A contract for a project under this subchapter may cover |
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only a single integrated project. A local governmental entity may |
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not enter into a contract for aggregated projects at multiple |
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locations. For purposes of this subsection: |
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(1) if a metropolitan transit authority created under |
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Chapter 451, Transportation Code, enters into a contract for a |
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project involving a bus rapid transit system created under Chapter |
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451, Transportation Code, the bus rapid transit system is a single |
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integrated project; and |
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(2) a water treatment plant, including a desalination |
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plant, that includes treatment facilities, well fields, and |
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pipelines is a single integrated project. |
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(c) A local governmental entity shall use the following |
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criteria as a minimum basis for determining the circumstances under |
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which the design-build method is appropriate for a project: |
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(1) the extent to which the entity can adequately |
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define the project requirements; |
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(2) the time constraints for the delivery of the |
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project; |
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(3) the ability to ensure that a competitive |
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procurement can be held; and |
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(4) the capability of the entity to manage and oversee |
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the project, including the availability of experienced personnel or |
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outside consultants who are familiar with the design-build method |
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of project delivery. |
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(d) A local governmental entity shall make a formal finding |
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on the criteria described by Subsection (c) before preparing a |
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request for qualifications under Section 271.189. |
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Sec. 271.186. LIMITATION ON NUMBER OF PROJECTS. (a) During |
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the first four years that this subchapter applies to a local |
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governmental entity under Section 271.182: |
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(1) a local governmental entity with a population of |
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500,000 or more may, under this subchapter, enter into contracts |
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for not more than three projects in any fiscal year; |
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(2) a local governmental entity with a population of |
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100,000 or more but less than 500,000 may, under this subchapter, |
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enter into contracts for not more than two projects in any fiscal |
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year; and |
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(3) a municipally owned water utility with a separate |
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governing board appointed by the governing body of a municipality |
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with a population of 500,000 or more may: |
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(A) independently enter into a contract for not |
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more than one civil works project in any fiscal year; and |
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(B) enter into contracts for additional civil |
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works projects in any fiscal year, but not more than the number of |
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civil works projects prescribed by the limit in Subdivision (1) for |
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the municipality, provided that: |
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(i) the additional contracts for the civil |
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works projects entered into by the utility under this paragraph are |
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allocated to the number of contracts the municipality that appoints |
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the utility's governing board may enter under Subdivision (1); and |
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(ii) the governing body of the municipality |
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must approve the contracts. |
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(b) After the period described by Subsection (a): |
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(1) a local governmental entity with a population of |
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500,000 or more may, under this subchapter, enter into contracts |
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for not more than six projects in any fiscal year; |
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(2) a local governmental entity with a population of |
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100,000 or more but less than 500,000 may, under this subchapter, |
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enter into contracts for not more than four projects in any fiscal |
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year; and |
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(3) a municipally owned water utility with a separate |
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governing board appointed by the governing body of a municipality |
|
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with a population of 500,000 or more may: |
|
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(A) independently enter into contracts for not |
|
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more than two civil works projects in any fiscal year; and |
|
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(B) enter into contracts for additional civil |
|
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works projects in any fiscal year, but not more than the number of |
|
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civil works projects prescribed by the limit in Subdivision (1) for |
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the municipality, provided that: |
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(i) the additional contracts for the civil |
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works projects entered into by the utility under this paragraph are |
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allocated to the number of contracts the municipality that appoints |
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the utility's governing board may enter under Subdivision (1); and |
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(ii) the governing body of the municipality |
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must approve the contracts. |
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(c) For purposes of determining the number of eligible |
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projects under this section, a municipally owned water utility with |
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a separate governing board appointed by the governing body of the |
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municipality is considered part of the municipality. |
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Sec. 271.187. USE OF ENGINEER. (a) The local governmental |
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entity shall select or designate an engineer who is independent of |
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the design-build firm to act as its representative for the |
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procurement process and for the duration of the work on the civil |
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works project. The selected or designated engineer has full |
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responsibility for complying with Chapter 1001, Occupations Code. |
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(b) If the engineer is not a full-time employee of the local |
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governmental entity, the local governmental entity shall select the |
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engineer on the basis of demonstrated competence and qualifications |
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as provided by Section 2254.004, Government Code. |
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Sec. 271.188. USE OF OTHER PROFESSIONAL SERVICES. (a) The |
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local governmental entity shall provide or contract for, |
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independently of the design-build firm, the following services as |
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necessary for the acceptance of the civil works project by the |
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entity: |
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(1) inspection services; |
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(2) construction materials engineering and testing; |
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and |
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(3) verification testing services. |
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(b) The local governmental entity shall select the services |
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for which it contracts under this section in accordance with |
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Section 2254.004, Government Code. |
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Sec. 271.189. REQUEST FOR QUALIFICATIONS. (a) The local |
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governmental entity shall prepare a request for qualifications that |
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includes: |
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(1) information on the civil works project site; |
|
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(2) project scope; |
|
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(3) project budget; |
|
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(4) project schedule; |
|
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(5) criteria for selection under Section 271.191 and |
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the weighting of the criteria; and |
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(6) other information that may assist potential |
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design-build firms in submitting proposals for the project. |
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(b) The local governmental entity shall also prepare a |
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design criteria package as described by Section 271.190. |
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Sec. 271.190. CONTENTS OF DESIGN CRITERIA PACKAGE. A |
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design criteria package may include, as appropriate: |
|
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(1) budget or cost estimates; |
|
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(2) information on the site; |
|
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(3) performance criteria; |
|
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(4) special material requirements; |
|
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(5) initial design calculations; |
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(6) known utilities; |
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(7) capacity requirements; |
|
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(8) quality assurance and quality control |
|
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requirements; |
|
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(9) the type, size, and location of structures; and |
|
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(10) notice of any ordinances, rules, or goals adopted |
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by the local governmental entity relating to awarding contracts to |
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historically underutilized businesses. |
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Sec. 271.191. EVALUATION OF DESIGN-BUILD FIRMS. (a) The |
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local governmental entity shall receive proposals and shall |
|
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evaluate each offeror's experience, technical competence, |
|
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capability to perform, the past performance of the offeror's team |
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and members of the team, and other appropriate factors submitted by |
|
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the team or firm in response to the request for qualifications, |
|
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except that cost-related or price-related evaluation factors are |
|
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not permitted at this stage. |
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(b) Each offeror must: |
|
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(1) select or designate each engineer that is a member |
|
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of its team based on demonstrated competence and qualifications, in |
|
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the manner provided by Section 2254.004, Government Code; and |
|
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(2) certify to the local governmental entity that each |
|
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selection or designation was based on demonstrated competence and |
|
|
qualifications, in the manner provided by Section 2254.004, |
|
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Government Code. |
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(c) The local governmental entity shall qualify offerors to |
|
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submit additional information and, if the entity chooses, to |
|
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interview for final selection. |
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Sec. 271.192. SELECTION OF DESIGN-BUILD FIRM. The local |
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governmental entity shall select a design-build firm using a |
|
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combination of technical and cost proposals as provided by Section |
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271.193. |
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Sec. 271.193. PROCEDURES FOR COMBINATION OF TECHNICAL AND |
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COST PROPOSALS. (a) A local governmental entity shall request |
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proposals from design-build firms identified under Section |
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271.191(c). A firm must submit a proposal not later than the 180th |
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day after the date the local governmental entity makes a public |
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request for the proposals from the selected firms. The request for |
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proposals must include: |
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(1) a design criteria package; |
|
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(2) if the project site is identified, a geotechnical |
|
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baseline report or other information that provides the design-build |
|
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firm minimum geotechnical design parameters to submit a proposal; |
|
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(3) detailed instructions for preparing the technical |
|
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proposal and the items to be included, including a description of |
|
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the form and level of completeness of drawings expected; and |
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(4) the relative weighting of the technical and price |
|
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proposals and the formula by which the proposals will be evaluated |
|
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and ranked. |
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(b) The technical proposal is a component of the proposal |
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under this section. |
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(c) Each proposal must include a sealed technical proposal |
|
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and a separate sealed cost proposal. |
|
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(d) The technical proposal must address: |
|
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(1) project approach; |
|
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(2) anticipated problems; |
|
|
(3) proposed solutions to anticipated problems; |
|
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(4) ability to meet schedules; |
|
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(5) conceptual engineering design; and |
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(6) other information requested by the local |
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governmental entity. |
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(e) The local governmental entity shall first open, |
|
|
evaluate, and score each responsive technical proposal submitted on |
|
|
the basis of the criteria described in the request for proposals and |
|
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assign points on the basis of the weighting specified in the request |
|
|
for proposals. The local governmental entity may reject as |
|
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nonresponsive any firm that makes a significant change to the |
|
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composition of its firm as initially submitted. The local |
|
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governmental entity shall subsequently open, evaluate, and score |
|
|
the cost proposals from firms that submitted a responsive technical |
|
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proposal and assign points on the basis of the weighting specified |
|
|
in the request for proposals. The local governmental entity shall |
|
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select the design-build firm in accordance with the formula |
|
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provided in the request for proposals. |
|
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Sec. 271.194. NEGOTIATION. After selecting the highest |
|
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ranked design-build firm under Section 271.193, the local |
|
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governmental entity shall first attempt to negotiate a contract |
|
|
with the selected firm. If the local governmental entity is unable |
|
|
to negotiate a satisfactory contract with the selected firm, the |
|
|
entity shall, formally and in writing, end all negotiations with |
|
|
that firm and proceed to negotiate with the next firm in the order |
|
|
of the selection ranking until a contract is reached or |
|
|
negotiations with all ranked firms end. |
|
|
Sec. 271.195. ASSUMPTION OF RISKS. The local governmental |
|
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entity shall assume: |
|
|
(1) all risks and costs associated with: |
|
|
(A) scope changes and modifications, as |
|
|
requested by the local governmental entity; |
|
|
(B) unknown or differing site conditions unless |
|
|
otherwise provided by the local governmental entity in the request |
|
|
for proposals and final contract; |
|
|
(C) regulatory permitting, if the local |
|
|
governmental entity is responsible for those risks and costs by law |
|
|
or contract; and |
|
|
(D) natural disasters and other force majeure |
|
|
events unless otherwise provided by the local governmental entity |
|
|
in the request for proposals and final contract; and |
|
|
(2) all costs associated with property acquisition, |
|
|
excluding costs associated with acquiring a temporary easement or |
|
|
work area associated with staging or construction for the project. |
|
|
Sec. 271.196. STIPEND AMOUNT FOR UNSUCCESSFUL OFFERORS. |
|
|
(a) Unless a stipend is paid under Subsection (c), the |
|
|
design-build firm retains all rights to the work product submitted |
|
|
in a proposal. The local governmental entity may not release or |
|
|
disclose to any person, including the successful offeror, the work |
|
|
product contained in an unsuccessful proposal. The local |
|
|
governmental entity shall return all copies of the proposal and |
|
|
other information submitted to an unsuccessful offeror. The local |
|
|
governmental entity or its agents may not make use of any unique or |
|
|
nonordinary design element, technique, method, or process |
|
|
contained in the unsuccessful proposal that was not also contained |
|
|
in the successful proposal at the time of the original submittal, |
|
|
unless the entity acquires a license from the unsuccessful offeror. |
|
|
(b) A violation of this section voids the contract for the |
|
|
project entered into by the local governmental entity. The local |
|
|
governmental entity is liable to any unsuccessful offeror, or any |
|
|
member of the design-build team or its assignee, for one-half of the |
|
|
cost savings associated with the unauthorized use of the work |
|
|
product of the unsuccessful offeror. Any interested party may |
|
|
bring an action for an injunction, declaratory relief, or damages |
|
|
for a violation of this section. A party who prevails in an action |
|
|
under this subsection is entitled to reasonable attorney's fees as |
|
|
approved by the court. |
|
|
(c) The local governmental entity may offer an unsuccessful |
|
|
design-build firm that submits a response to the entity's request |
|
|
for additional information under Section 271.193 a stipend for |
|
|
preliminary engineering costs associated with the development of |
|
|
the proposal. The stipend must be one-half of one percent of the |
|
|
contract amount and must be specified in the initial request for |
|
|
proposals. If the offer is accepted and paid, the local |
|
|
governmental entity may make use of any work product contained in |
|
|
the proposal, including the techniques, methods, processes, and |
|
|
information contained in the proposal. The use by the local |
|
|
governmental entity of any design element contained in an |
|
|
unsuccessful proposal is at the sole risk and discretion of the |
|
|
entity and does not confer liability on the recipient of the stipend |
|
|
under this subsection. |
|
|
(d) Notwithstanding other law, including Chapter 552, |
|
|
Government Code, work product contained in an unsuccessful proposal |
|
|
submitted and rejected under this subchapter is confidential and |
|
|
may not be released unless a stipend offer has been accepted and |
|
|
paid as provided by Subsection (c). |
|
|
Sec. 271.197. COMPLETION OF DESIGN. (a) Following |
|
|
selection of a design-build firm under this subchapter, the firm's |
|
|
engineers shall submit all design elements for review and |
|
|
determination of scope compliance to the local governmental entity |
|
|
before or concurrently with construction. |
|
|
(b) An appropriately licensed design professional shall |
|
|
sign and seal construction documents before the documents are |
|
|
released for construction. |
|
|
Sec. 271.198. FINAL CONSTRUCTION DOCUMENTS. At the |
|
|
conclusion of construction, the design-build firm shall supply to |
|
|
the local governmental entity a record set of construction |
|
|
documents for the project prepared as provided by Chapter 1001, |
|
|
Occupations Code. |
|
|
Sec. 271.199. PERFORMANCE OR PAYMENT BOND. (a) A payment |
|
|
or performance bond is not required for the portion of a |
|
|
design-build contract under this section that includes design |
|
|
services only. |
|
|
(b) If a fixed contract amount or guaranteed maximum price |
|
|
has not been determined at the time a design-build contract is |
|
|
awarded, the penal sums of the performance and payment bonds |
|
|
delivered to the local governmental entity must each be in an amount |
|
|
equal to the construction budget, if commercially available and |
|
|
practical, as specified in the design criteria package. |
|
|
(c) If the local governmental entity awards a design-build |
|
|
contract under Section 271.193, the design-build firm shall deliver |
|
|
the bonds not later than the 10th day after the date the |
|
|
design-build firm executes the contract unless the design-build |
|
|
firm furnishes a bid bond or other financial security acceptable to |
|
|
the local governmental entity to ensure that the design-build firm |
|
|
will furnish the required performance and payment bonds before the |
|
|
commencement of construction. |
|
|
SECTION 7. Chapter 271.112, Local Government Code, is |
|
|
amended by adding Subsection (g) to read as follows: |
|
|
(g) If the contract for a facility involves the use of state |
|
|
or federal highway funds, the purchasing requirements of the |
|
|
appropriate state or federal funding entity apply, unless otherwise |
|
|
waived by the appropriate state or federal funding entity. |
|
|
SECTION 8. Section 271.904(a), Local Government Code, is |
|
|
amended to read as follows: |
|
|
(a) A covenant or promise in, in connection with, or |
|
|
collateral to a contract for engineering or architectural services |
|
|
to which a governmental agency is a party is void and unenforceable |
|
|
if the covenant or promise provides that a licensed engineer or |
|
|
registered architect whose work product is the subject of the |
|
|
contract must indemnify, [or] hold harmless, or defend the |
|
|
governmental agency against liability for damage, other than |
|
|
liability for damage that is caused by or results from an act of |
|
|
[the] negligence, intentional tort, intellectual property |
|
|
infringement, or failure to pay a subcontractor or supplier |
|
|
committed by [of] the indemnitor or the indemnitor's agent, |
|
|
consultant under contract, or another entity over which the |
|
|
indemnitor exercises control [governmental agency or its agent or
|
|
|
employee]. |
|
|
SECTION 9. Section 44.041(i), Education Code, is amended to |
|
|
read as follows: |
|
|
(i) If a job order contract or an order issued under the |
|
|
contract requires engineering or architectural services that |
|
|
constitute the practice of engineering within the meaning of |
|
|
Chapter 1001, Occupations Code, or the practice of architecture |
|
|
within the meaning of Chapter 1051, Occupations Code, the district |
|
|
shall select or designate an architect or engineer to prepare the |
|
|
construction documents for the facility [those services shall be
|
|
|
provided in accordance with applicable law]. If the architect or |
|
|
engineer is not a full-time employee of the district, the district |
|
|
shall select the architect or engineer on the basis of demonstrated |
|
|
competence and qualifications as provided by Section 2254.004, |
|
|
Government Code. |
|
|
SECTION 10. Section 46.008, Education Code, is amended to |
|
|
read as follows: |
|
|
Sec. 46.008. STANDARDS. (a) The commissioner shall |
|
|
establish standards for adequacy of school facilities. The |
|
|
standards must include requirements related to space, educational |
|
|
adequacy, and construction quality. All new facilities constructed |
|
|
after September 1, 1998, must meet the standards to be eligible to |
|
|
be financed with state or local tax funds. |
|
|
(b) Any portable, modular building capable of being |
|
|
relocated that is purchased or leased after September 1, 2007, for |
|
|
use as a school facility, regardless of whether the building is an |
|
|
industrialized building as defined by Section 1202.003, |
|
|
Occupations Code, must be inspected as provided by Subchapter E, |
|
|
Chapter 1202, Occupations Code, to ensure compliance with the |
|
|
mandatory building codes or approved designs, plans, and |
|
|
specifications. |
|
|
SECTION 11. Section 51.784(i), Education Code, is amended |
|
|
to read as follows: |
|
|
(i) If a job order contract or an order issued under the |
|
|
contract requires engineering or architectural services that |
|
|
constitute the practice of engineering within the meaning of |
|
|
Chapter 1001, Occupations Code, or the practice of architecture |
|
|
within the meaning of Chapter 1051, Occupations Code, the board |
|
|
shall select or designate an architect or engineer to prepare the |
|
|
construction documents for the facility [those services shall be
|
|
|
provided in accordance with applicable law]. If the architect or |
|
|
engineer is not a full-time employee of the institution, the board |
|
|
shall select the architect or engineer on the basis of demonstrated |
|
|
competence and qualifications as provided by Section 2254.004, |
|
|
Government Code. |
|
|
SECTION 12. Section 791.011, Government Code, is amended by |
|
|
adding Subsection (h) to read as follows: |
|
|
(h) An interlocal contract between a governmental entity |
|
|
and a purchasing cooperative may not be used to purchase |
|
|
engineering or architectural services. |
|
|
SECTION 13. Subchapter A, Chapter 2254, Government Code, is |
|
|
amended by adding Section 2254.007 to read as follows: |
|
|
Sec. 2254.007. DECLARATORY OR INJUNCTIVE RELIEF. (a) This |
|
|
subchapter may be enforced through an action for declaratory or |
|
|
injunctive relief filed not later than the 10th day after the date a |
|
|
contract is awarded. |
|
|
(b) This section does not apply to the enforcement of a |
|
|
contract entered into by a state agency as that term is defined by |
|
|
Section 2151.002. In this subsection, "state agency" includes the |
|
|
Texas Building and Procurement Commission. |
|
|
SECTION 14. Section 2254.003(b), Government Code, is |
|
|
amended to read as follows: |
|
|
(b) The professional fees under the contract[:
|
|
|
[(1)
must be consistent with and not higher than the
|
|
|
recommended practices and fees published by the applicable
|
|
|
professional associations; and
|
|
|
[(2)] may not exceed any maximum provided by law. |
|
|
SECTION 15. Section 431.101(g), Transportation Code, is |
|
|
amended to read as follows: |
|
|
(g) A local government corporation [created by a navigation
|
|
|
district] must comply with all state law related to the design and |
|
|
construction of projects, including the procurement of design and |
|
|
construction services, that applies to the local government |
|
|
[navigation district] that created the corporation. |
|
|
SECTION 16. Subchapter D, Chapter 431, Transportation Code, |
|
|
is amended by adding Section 431.110 to read as follows: |
|
|
Sec. 431.110. COMPETITIVE BIDDING EXCEPTION FOR CERTAIN |
|
|
IMPROVEMENTS. Any competitive bidding requirement or restriction |
|
|
on a local government that created a local government corporation |
|
|
does not apply to an expenditure by the local government |
|
|
corporation for: |
|
|
(1) an improvement: |
|
|
(A) that is constructed in a reinvestment zone; |
|
|
and |
|
|
(B) the construction of which is managed by a |
|
|
private venture participant; or |
|
|
(2) an improvement constructed by the corporation for |
|
|
which more than 50 percent of the construction is funded by a |
|
|
private entity. |
|
|
SECTION 17. Section 60.452, Water Code, is amended by |
|
|
adding Subsection (c) to read as follows: |
|
|
(c) Subchapter J, Chapter 271, Local Government Code, does |
|
|
not apply to this subchapter. |
|
|
SECTION 18. Section 60.464(i), Water Code, is amended to |
|
|
read as follows: |
|
|
(i) If a job order contract or an order issued under the |
|
|
contract requires engineering or architectural services that |
|
|
constitute the practice of engineering within the meaning of |
|
|
Chapter 1001, Occupations Code, or the practice of architecture |
|
|
within the meaning of Chapter 1051, Occupations Code, the district |
|
|
shall select or designate an architect or engineer to prepare the |
|
|
construction documents for the facility [those services shall be
|
|
|
provided in accordance with applicable law]. If the architect or |
|
|
engineer is not a full-time employee of the district, the district |
|
|
shall select the architect or engineer on the basis of demonstrated |
|
|
competence and qualifications as provided by Section 2254.004, |
|
|
Government Code. |
|
|
SECTION 19. The changes in law made by this Act apply only |
|
|
to a contract for which a request for proposals or a request for |
|
|
qualifications is first published or distributed on or after the |
|
|
effective date of this Act. A contract for which a request for |
|
|
proposals or a request for qualifications is first published or |
|
|
distributed before the effective date of this Act is governed by the |
|
|
law in effect at the time the request is published or distributed, |
|
|
and the former law is continued in effect for that purpose. |
|
|
SECTION 20. This Act takes effect September 1, 2007. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 1886 was passed by the House on April |
|
|
25, 2007, by the following vote: Yeas 138, Nays 2, 1 present, not |
|
|
voting; and that the House concurred in Senate amendments to H.B. |
|
|
No. 1886 on May 25, 2007, by the following vote: Yeas 128, Nays 1, |
|
|
1 present, not voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
|
|
I certify that H.B. No. 1886 was passed by the Senate, with |
|
|
amendments, on May 22, 2007, by the following vote: Yeas 31, Nays |
|
|
0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: __________________ |
|
|
Date |
|
|
|
|
|
__________________ |
|
|
Governor |