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.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1469 passed the Senate on
May 5, 1997, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1469 passed the House on
May 28, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor