88R4778 JCG-F
 
  By: Zaffirini S.B. No. 1561
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the applicability of the job order contracting
  procurement method to certain buildings and structures.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2269.402, Government Code, is amended to
  read as follows:
         Sec. 2269.402.  APPLICABILITY OF SUBCHAPTER TO BUILDINGS;
  EXCEPTIONS.  (a) This subchapter applies only to a facility that is
  a building, the design and construction of which is governed by
  accepted building codes, or a structure or land, whether improved
  or unimproved, that is associated with a building. This subchapter
  does not apply to:
               (1)  a highway, road, street, bridge, utility, water
  supply project, water plant, wastewater plant, water and wastewater
  distribution or conveyance facility, wharf, dock, airport runway or
  taxiway, drainage project, or related type of project associated
  with civil engineering construction; or
               (2)  except as provided by Subsection (b), a building
  or structure that is incidental to a project that is primarily a
  civil engineering construction project.
         (b)  This subchapter applies to a building or structure
  described by Subsection (a)(2) if the work under the job order
  contract does not involve 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.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.