By:  Ellis                                            S.B. No. 1469

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to certain construction projects managed by the General

 1-2     Services Commission.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 2166.001, Government Code, is amended by

 1-5     amending Subdivisions (8) and (9) and adding Subdivision (10) to

 1-6     read as follows:

 1-7                 (8)  "Small construction project" means a project that:

 1-8                       (A)  has an estimated value of less than $25,000;

 1-9     and

1-10                       (B)  requires advance preparation of working

1-11     plans or drawings.

1-12                 (9)  "Staged construction" ["Stage construction"] means

1-13     the construction of a project in phases, with each phase resulting

1-14     in one or more trade packages, features, buildings, or structures

1-15     that individually or together may be built [are capable of use],

1-16     regardless of whether later phases of the project are authorized.

1-17                 (10) [(9)]  "Using agency" means:

1-18                       (A)  an instrumentality of the state that

1-19     occupies and uses a state-owned or state-leased building; or

1-20                       (B)  the commission, with respect to a

1-21     state-owned building maintained by the commission.

1-22           SECTION 2.  Section 2166.203, Government Code, is amended to

1-23     read as follows:

 2-1           Sec. 2166.203.  INTERVIEW NOTIFICATION TO PRIVATE DESIGN

 2-2     PROFESSIONAL.  (a)  Except as provided by Subsection (b), the [The]

 2-3     commission shall notify a private design professional selected for

 2-4     an interview on a project of the person's selection not later than

 2-5     the 30th day before the date of the interview to allow preparation

 2-6     for the interview.

 2-7           (b)  The commission shall notify a private design

 2-8     professional selected for an interview on a small construction

 2-9     project of the person's selection not later than the 14th day

2-10     before the date of the interview to allow preparation for the

2-11     interview.

2-12           (c)  Subsections [(b)  Subsection] (a)  and (b) do [does] not

2-13     apply in an emergency situation that:

2-14                 (1)  presents an imminent peril to the public health,

2-15     safety, or welfare;

2-16                 (2)  presents an imminent peril to property;

2-17                 (3)  requires expeditious action to prevent a hazard to

2-18     life, health, safety, welfare, or property; or

2-19                 (4)  requires expeditious action to avoid undue

2-20     additional cost to the state.

2-21           SECTION 3.  Section 2166.253, Government Code, is amended to

2-22     read as follows:

2-23           Sec. 2166.253.  BIDDING PROCEDURES.  (a)  After final

2-24     approval of a project's working plans and specifications and their

2-25     acceptance by a using agency, the commission shall advertise in one

 3-1     newspaper [two or more newspapers] of general circulation and the

 3-2     Texas Register for bids or proposals for the construction of and

 3-3     related work on the project.

 3-4           (b)  Except as provided by Subsection (c), the [The]

 3-5     commission shall allow bidders not less than 30 days after the date

 3-6     the commission issues the bid documents to respond to an invitation

 3-7     to bid.

 3-8           (c)  The commission shall allow bidders for small

 3-9     construction projects not less than 14 days after the date the

3-10     commission issues the bid documents to respond to an invitation to

3-11     bid.

3-12           (d)  The commission may shorten the time for response to

3-13     prevent undue additional costs to a state agency or, for emergency

3-14     projects, to prevent or remove a hazard to life or property.

3-15           SECTION 4.  This Act takes effect September 1, 1997.

3-16           SECTION 5.  The importance of this legislation and the

3-17     crowded condition of the calendars in both houses create an

3-18     emergency and an imperative public necessity that the

3-19     constitutional rule requiring bills to be read on three several

3-20     days in each house be suspended, and this rule is hereby suspended.