1-1 By: West S.B. No. 99
1-2 (In the Senate - Filed November 28, 1994; January 11, 1995,
1-3 read first time and referred to Committee on Intergovernmental
1-4 Relations; February 1, 1995, reported favorably by the following
1-5 vote: Yeas 11, Nays 0; February 1, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to construction change orders.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 252.048, Local Government Code, is
1-11 amended to read as follows:
1-12 Sec. 252.048. CHANGE ORDERS. (a) If changes in plans or
1-13 specifications are necessary after the performance of the contract
1-14 is begun or if it is necessary to decrease or increase the quantity
1-15 of work to be performed or of materials, equipment, or supplies to
1-16 be furnished, the governing body of the municipality may approve
1-17 change orders making the changes.
1-18 (b) The total contract price may not be increased because of
1-19 the changes unless additional money for increased costs is
1-20 appropriated for that purpose from available funds or is provided
1-21 for by the authorization of the issuance of time warrants.
1-22 (c) If a change order involves a decrease or an increase of
1-23 $25,000 <$15,000> or less, the governing body may grant general
1-24 authority to an administrative official of the municipality to
1-25 approve the change orders.
1-26 (d) The original contract price may not be increased under
1-27 this section by more than 25 percent. The original contract price
1-28 may not be decreased under this section by more than 25 percent
1-29 without the consent of the contractor.
1-30 SECTION 2. This Act takes effect September 1, 1995.
1-31 SECTION 3. The importance of this legislation and the
1-32 crowded condition of the calendars in both houses create an
1-33 emergency and an imperative public necessity that the
1-34 constitutional rule requiring bills to be read on three several
1-35 days in each house be suspended, and this rule is hereby suspended.
1-36 * * * * *