By Harris                                              S.B. No. 791
       74R6911 JRD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to transferring the authority to design and construct
    1-3  buildings and improvements at Texas Youth Commission facilities
    1-4  from the youth commission to the General Services Commission.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 61.048, Human Resources Code, is amended
    1-7  to read as follows:
    1-8        Sec. 61.048.  Buildings and Improvements.  (a)  The General
    1-9  Services Commission shall administer building construction projects
   1-10  and provide for the original equipment and original furnishings of
   1-11  the projects in accordance with Article 5, State Purchasing and
   1-12  General Services Act (Article 601b, Vernon's Texas Civil Statutes),
   1-13  for buildings at facilities that are under the Texas Youth
   1-14  Commission's jurisdiction.  The Texas Youth Commission <commission>
   1-15  may <design, construct, equip, furnish, and> maintain buildings
   1-16  <and improvements> at facilities under its jurisdiction and, except
   1-17  for original equipment and furnishings, may equip and furnish
   1-18  buildings at facilities under its jurisdiction.  <The commission
   1-19  may employ architects or engineers, or both, to prepare plans and
   1-20  specifications and to supervise the construction and improvements.
   1-21  The commission shall promulgate rules relating to the award of
   1-22  contracts for the construction of buildings and improvements.  The
   1-23  rules shall provide for the award of contracts for the construction
   1-24  of buildings and improvements to the qualified bidder making the
    2-1  lowest and best bid.  A construction contract may not be awarded
    2-2  for a sum in excess of the amount of funds available for the
    2-3  project.  The commission may reject any and all bids submitted.>
    2-4        (b)  If a project is financed in whole or in part by federal
    2-5  funds, any standards required by the enabling federal statute or
    2-6  required by the rules of the administering federal agency control
    2-7  <over this section>.
    2-8        (c)  In this section, "construction" and "project" have the
    2-9  meanings assigned by Section 5.12, State Purchasing and General
   2-10  Services Act (Article 601b, Vernon's Texas Civil Statutes).  <The
   2-11  commission may employ professional, technical, and clerical
   2-12  personnel to carry out the design and construction functions
   2-13  required by this section.>
   2-14        SECTION 2.  The change in law made by this Act to Section
   2-15  61.048, Human Resources Code, does not apply to a contract existing
   2-16  on the effective date of this Act to which the Texas Youth
   2-17  Commission is a party that relates to an ongoing building
   2-18  construction or building improvement project that is not completed
   2-19  on the effective date of this Act.  Those contracts are governed by
   2-20  Section 61.048, Human Resources Code, as it existed before the
   2-21  effective date of this Act, and the prior law is continued in
   2-22  effect for that purpose.  If a new contract is required after the
   2-23  effective date of this Act that relates to an ongoing building
   2-24  construction or building improvement project that is not completed
   2-25  on the effective date of this Act, the General Services Commission
   2-26  must approve the terms of the new contract.
   2-27        SECTION 3.  The importance of this legislation and the
    3-1  crowded condition of the calendars in both houses create an
    3-2  emergency and an imperative public necessity that the
    3-3  constitutional rule requiring bills to be read on three several
    3-4  days in each house be suspended, and this rule is hereby suspended,
    3-5  and that this Act take effect and be in force from and after its
    3-6  passage, and it is so enacted.