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AN ACT
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relating to the small contractor participation assistance program |
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for certain state construction projects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2166.259, Government Code, is amended by |
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amending Subsections (a), (b), (d), and (e) and adding Subsections |
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(b-1), (b-2), and (b-3) to read as follows: |
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(a) This section applies only in relation to [a contract
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for] a public works project that will involve a contract or |
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aggregated multiple contracts with [has] an estimated cost of more |
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than $1 [$20] million. |
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(b) The commission shall maintain a small contractor |
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participation assistance program to ensure full opportunity for |
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participation in public works projects by small contractors. The |
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program must include a: |
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(1) system for the centralized purchase of necessary |
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insurance coverage for the public works project that is required |
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under Subsection (c); |
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(2) public outreach plan to: |
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(A) provide public information about the |
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program; and |
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(B) encourage small contractors to participate |
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in the program; |
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(3) technical assistance plan to aid small contractors |
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in developing the skills necessary to participate in the program in |
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accordance with Subsection (d); [and] |
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(4) financing assistance plan to provide |
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administrative and other assistance to small contractors in |
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obtaining necessary financing arrangements to make the |
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participation of those contractors possible; and |
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(5) method developed with guidance from the Texas |
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Department of Insurance to assist small contractors in: |
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(A) preparing bond application packages for |
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public works projects in a format acceptable to bond underwriters; |
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and |
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(B) obtaining bonds required to participate in |
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public works projects. |
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(b-1) The commission shall designate a commission employee |
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to serve as small contractor participation assistance coordinator. |
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In addition to any other responsibilities, the coordinator shall: |
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(1) administer the small contractor participation |
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assistance program established under this section; |
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(2) with the assistance of the Texas Department of |
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Insurance, provide to small contractors technical assistance and |
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training related to preparing bond application packages and |
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obtaining bonds; and |
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(3) with the assistance of the facilities construction |
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and space management division of the commission, provide to small |
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contractors technical assistance related to participation in the |
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program. |
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(b-2) The small contractor participation assistance |
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coordinator shall submit an annual report describing the activities |
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and progress of the program to the governor, the lieutenant |
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governor, and the speaker of the house of representatives. |
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(b-3) Funding appropriated to the commission for the small |
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contractor participation assistance program may only be used for |
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that program. |
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(d) A technical assistance plan adopted by the commission |
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must include information on and assistance in: |
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(1) bid estimation, the bidding process, scheduling, |
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and the understanding of bid documents; |
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(2) the reading of construction drawings and other |
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analogous documents; |
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(3) business accounting, bonds, and bond |
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requirements; |
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(4) negotiation with general contractors; [and] |
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(5) other technical and administrative matters |
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considered appropriate and necessary given the complexity and scope |
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of the public works project; and |
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(6) small contractor safety training to ensure |
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compliance with federal jobsite safety standards. |
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(e) The commission shall [may] negotiate contracts with |
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persons or firms having expertise and any required license in the |
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areas that must be included in the commission's technical |
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assistance plan to provide the information and assistance. |
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SECTION 2. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 704 passed the Senate on |
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May 2, 2007, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 704 passed the House on |
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May 23, 2007, by the following vote: Yeas 144, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |