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House Bill 447 |
House Author: Callegari et al. |
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Effective: Vetoed |
Senate Sponsor: Jackson, Mike |
House Bill 447 adds a chapter to the Government Code to set out contracting and delivery procedures for construction projects that are applicable to most governmental and quasi-governmental entities, repeals similar separate provisions elsewhere in state law that were applicable to specific types of entities, and specifies entities to whom the chapter is not applicable.
The bill amends the Government Code to provide that a reverse auction procedure may not be used to obtain services related to certain public works contracts for which a bond is required and to make changes to interlocal contract provisions. It makes provisions relating to the small contractor participation assistance (SCPA) program applicable to public works projects that will involve contracts with an aggregated cost of more than $1 million, rather than $20 million, adds a method to assist small contractors in preparing bond applications or obtaining bonds to the program components, requires the Texas Building and Procurement Commission to appoint an employee as SCPA coordinator to perform specified duties, and requires the agency's technical assistance plan to include assistance in small contractor safety training to ensure compliance with federal job site safety standards.
House Bill 447 amends the Education Code to provide an exception to the prohibition against use of school district resources for improvements to non-district property if the improvements benefit property owned or leased by the district. It also adds provisions applicable to school districts relating to competitive bidding, competitive sealed proposals, change orders, and actions brought for defective design, construction, renovation, or improvement of an instructional facility.
The bill also amends a Local Government Code provision relating to change orders for certain municipal public works contracts.
Reason Given for Veto: "House Bill No. 447 would discourage competition in public sector capital project development by limiting how government may contract for design and construction services. The limitations and extra contracting requirements contained in this bill would likely result in increased costs and project delays for tax payers."