S.B. No. 924
  relating to rules and policies adopted by state agencies regarding
  engineering or architectural errors or omissions.
         SECTION 1.  Subchapter Z, Chapter 2252, Government Code, is
  amended by adding Section 2252.904 to read as follows:
  (a)  In this section:
               (1)  "Contract" means a contract awarded by a state
  agency for general construction, an improvement, a service, or a
  public works project, including a contract subject to Section
  201.112, Transportation Code.
               (2)  "Private design professional" means an individual
  registered as an architect under Chapter 1051, Occupations Code, or
  an individual licensed as an engineer under Chapter 1001,
  Occupations Code, who provides professional architectural or
  engineering services.
               (3)  "State agency" means a board, commission, office,
  department, or other agency in the judicial or executive branch of
  state government.
         (b)  A rule or policy adopted by a state agency relating to
  the recovery of costs arising from an engineering or architectural
  error or omission by a private design professional on a project
               (1)  provide that the private design professional be
  notified at the time a problem with project plans or specifications
  is identified by the agency;
               (2)  provide an opportunity for the private design
  professional to be involved in the resolution of a problem
  identified under Subdivision (1);
               (3)  provide guidelines for distinguishing an error or
  omission from other reasons for the submission of a change order;
               (4)  provide a process for determining the cost of
  errors or omissions by private design professionals;
               (5)  provide for an evaluation of the totality of
  project services provided by private design professionals,
  including the level of quality, performance, and value provided
  over the term of the entire project;
               (6)  provide that an internal management review of the
  agency's claim for costs may be used, if available, without
  requiring that the claim be paid before the internal management
  review may be used;
               (7)  provide a process for tracking the cost of errors
  or omissions by agency employees; and
               (8)  recognize that some errors, omissions, or changes
  are likely to occur during a design and construction project.
         SECTION 2.  This Act takes effect September 1, 2007.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I hereby certify that S.B. No. 924 passed the Senate on April
  12, 2007, by the following vote:  Yeas 31, Nays 0; and that the
  Senate adopted S.C.R. No. 85, recalling S.B. No. 924 from the
  Governor for reconsideration on May 22, 2007; and that the Senate
  concurred in House amendment to S.B. No. 924 on May 25, 2007, by the
  following vote:  Yeas 30, Nays 0.
  Secretary of the Senate    
         I hereby certify that S.B. No. 924 passed the House, with
  amendment, on May 16, 2007, by the following vote:  Yeas 144,
  Nays 0, two present not voting; and that the House adopted
  S.C.R. No. 85, recalling S.B. No. 924 from the Governor on May 22,
  Chief Clerk of the House