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AN ACT
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relating to the adoption of uniform general conditions for building |
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construction contracts entered into by school districts and the |
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composition of the committee that reviews uniform general |
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conditions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 44, Education Code, is |
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amended by adding Section 44.035 to read as follows: |
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Sec. 44.035. ADOPTION OF UNIFORM GENERAL CONDITIONS FOR |
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SCHOOL DISTRICT BUILDING CONSTRUCTION CONTRACTS. After reviewing |
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the uniform general conditions adopted by the Texas Facilities |
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Commission under Section 2166.302, Government Code, a school |
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district may adopt uniform general conditions to be incorporated in |
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all district building construction contracts. |
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SECTION 2. Section 2166.305(b), Government Code, is amended |
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to read as follows: |
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(b) A committee appointed by the commission shall perform |
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the review. The committee consists of: |
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(1) the director of facilities construction and space |
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management appointed under Section 2152.104, who serves as the |
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presiding officer of the committee; |
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(2) six individuals appointed by the commission, one |
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each from the lists of nominees submitted respectively by the: |
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(A) president of the Texas Society of Architects; |
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(B) president of the Texas Society of |
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Professional Engineers; |
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(C) presiding officer of the Executive Council of |
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the Texas Associated General Contractors Chapters; |
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(D) executive secretary of the Mechanical |
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Contractors Associations of Texas, Incorporated; |
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(E) executive secretary of the Texas Building and |
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Construction Trades Council; and |
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(F) president of the Associated Builders and |
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Contractors of Texas; |
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(3) one individual appointed by the commission |
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representing an institution of higher education, as defined by |
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Section 61.003, Education Code; |
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(4) one individual appointed by the commission |
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representing a state agency that has a substantial ongoing |
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construction program; |
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(5) one individual appointed by the commission |
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representing the attorney general's office; |
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(6) one individual appointed by the commission |
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representing the interests of historically underutilized |
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businesses; [and] |
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(7) two individuals appointed by the commission, each |
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representing a different minority contractors association; |
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(8) one individual appointed by the commission |
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representing the Texas Association of School Boards; and |
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(9) one individual appointed by the commission |
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representing the Texas Association of School Administrators. |
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SECTION 3. Not later than December 1, 2021, the Texas |
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Facilities Commission shall appoint two additional members to the |
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committee in accordance with Section 2166.305(b), Government Code, |
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as amended by this Act. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |
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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. 338 passed the Senate on |
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April 7, 2021, 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. 338 passed the House on |
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May 23, 2021, by the following vote: Yeas 136, Nays 8, one |
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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 |