By:  Ellis                                            S.B. No. 1469

         Line and page numbers may not match official copy.

         Bill not drafted by TLC or Senate E&E.

                                A BILL TO BE ENTITLED

                                       AN ACT

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

 1-2     Commission.

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

 1-4           SECTION 1.  Section 2166.001(8), Government Code, is amended

 1-5     to read as follows:

 1-6           Sec. 2166.001.  DEFINITIONS. In this chapter:

 1-7                 (1)  "Construction" includes acquisition and

 1-8     reconstruction.

 1-9                 (2)  "Cost of a project" includes the cost of:

1-10                       (A)  real estate;

1-11                       (B)  other property;

1-12                       (C)  rights and easement;

1-13                       (D)  utility services;

1-14                       (E)  site development;

1-15                       (F)  construction and initial furnishing and

1-16     equipment;

1-17                       (G)  architectural, engineering, and legal

1-18     services;

1-19                       (H)  surveys, plans, and specification; and

1-20                       (I)  other costs, including those incurred by the

1-21     commission, that are necessary or incidental to determining the

 2-1     feasibility or practicability of a project.

 2-2                 (3)  "Private design professional" means a design

 2-3     professional as described by Subdivisions (6)(A) and (B)(ii).

 2-4                 (4)  "Project" means a building construction project

 2-5     that is financed wholly or partly by a specific appropriation, a

 2-6     bond issue, or federal money.  The term includes the construction

 2-7     of:

 2-8                       (A)  a building, structure, or appurtenant

 2-9     facility or utility, including the acquisition and installation of

2-10     original equipment and original furnishings; and

2-11                       (B)  an addition to, or alteration,

2-12     rehabilitation, or repair of, an existing building, structure, or

2-13     appurtenant facility or utility.

2-14                 (5)  "Project analysis" means work done before the

2-15     legislative appropriation for a project to develop a reliable

2-16     estimate of the cost of the project to be used in the

2-17     appropriations request.

2-18                 (6)  "Design professional" means an individual

2-19     registered as an architect under Chapter 478, Acts of the 45th

2-20     Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas

2-21     Civil Statutes), or a person registered as a professional engineer

2-22     under The Texas Engineering Practice Act (Article 3271a, Vernon's

2-23     Texas Civil Statutes):

2-24                       (A)  who provides professional architectural or

2-25     engineering services and has overall responsibility for the design

 3-1     of a building construction undertaking; and

 3-2                       (B)  who:

 3-3                             (i)  is employed on a salary basis; or

 3-4                             (ii)  is in private practice and is

 3-5     retained for a specific project under a contract with the

 3-6     commission.

 3-7                 (7)  "Rehabilitation" includes renewal, restoration,

 3-8     extension, enlargement, and improvement.

 3-9                 (8)  "Small construction project" means a project with

3-10     an estimated value of less than $100,000, which requires the

3-11     advance preparation of working plans or drawings.

3-12                 (9) [(8)]  "Staged construction" means the construction

3-13     of a project in phases, with each phase resulting in one or more

3-14     trade packages, features, buildings or structures that individually

3-15     or together may be built [are capable of use], regardless of

3-16     whether later phases of the project are authorized.

3-17                 (10) [(9)]  "Using agency" means:

3-18                       (A)  an instrumentality of the state that

3-19     occupies and uses a state-owned or state-leased building; or

3-20                       (B)  the commission, with respect to a

3-21     state-owned building maintained by the commission.

3-22           SECTION 2.  Section 2166.203, Government Code, is amended to

3-23     read as follows:

3-24           Sec. 2166.203.  Interview Notification to Private Design

3-25     Professional.  (a)  The commission shall notify a private design

 4-1     professional selected for an interview on a project of the person's

 4-2     selection not later than the 30th day before the date of the

 4-3     interview to allow preparation for the interview[.] provided,

 4-4     however, that interviews for private design professionals selected

 4-5     to perform small construction projects may occur no less than 14

 4-6     days after notification to the private design professional.

 4-7           (b)  Subsection (a) does not apply in an emergency situation

 4-8     that:

 4-9                 (1)  presents an imminent peril to the public health,

4-10     safety, or welfare;

4-11                 (2)  presents an imminent peril to property;

4-12                 (3)  requires expeditious action to prevent a hazard to

4-13     life, health, safety, welfare, or property; or

4-14                 (4)  requires expeditious action to avoid undue

4-15     additional cost to the state.

4-16           SECTION 3.  Section 2166.253, Government Code, is amended to

4-17     read as follows:

4-18           Sec. 2166.253.  Bidding Procedures.  (a)  After final

4-19     approval of a project's working plans and specifications and their

4-20     acceptance by a using agency, the commission shall advertise in one

4-21     [two or more] newspaper[s] of general circulation and the Texas

4-22     Register for bids or proposals for the construction of and related

4-23     work on the project.

4-24           (b)  The commission shall allow bidders not less than 30 days

4-25     after the date the commission issues the bid documents to respond

 5-1     to an invitation to bid[.] for a project; provided, however, that

 5-2     invitations for bids for small construction projects shall allow

 5-3     bidders not less than 14 days after the date the commission issues

 5-4     the bid documents to respond.  The commission may shorten the time

 5-5     for response to prevent undue additional costs to a state agency

 5-6     or, for emergency projects, to prevent or remove a hazard to life

 5-7     or property.

 5-8           SECTION 4.  This Act takes effect September 1, 1997.

 5-9           SECTION 5.  The importance of this legislation and the

5-10     crowded condition of the calendars in both houses create an

5-11     emergency and an imperative public necessity that the

5-12     constitutional rule requiring bills to be read on three several

5-13     days in each house be suspended, and this rule is hereby suspended.