1-1 By: Ellis S.B. No. 1469
1-2 (In the Senate - Filed March 13, 1997; March 19, 1997, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 30, 1997, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 10, Nays 0; April 30, 1997,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1469 By: Ellis
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to certain construction projects managed by the General
1-11 Services Commission.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 2166.001, Government Code, is amended by
1-14 amending Subdivisions (8) and (9) and adding Subdivision (10) to
1-15 read as follows:
1-16 (8) "Small construction project" means a project that:
1-17 (A) has an estimated value of less than $25,000;
1-18 and
1-19 (B) requires advance preparation of working
1-20 plans or drawings.
1-21 (9) "Staged construction" ["Stage construction"] means
1-22 the construction of a project in phases, with each phase resulting
1-23 in one or more trade packages, features, buildings, or structures
1-24 that individually or together may be built [are capable of use],
1-25 regardless of whether later phases of the project are authorized.
1-26 (10) [(9)] "Using agency" means:
1-27 (A) an instrumentality of the state that
1-28 occupies and uses a state-owned or state-leased building; or
1-29 (B) the commission, with respect to a
1-30 state-owned building maintained by the commission.
1-31 SECTION 2. Section 2166.203, Government Code, is amended to
1-32 read as follows:
1-33 Sec. 2166.203. INTERVIEW NOTIFICATION TO PRIVATE DESIGN
1-34 PROFESSIONAL. (a) Except as provided by Subsection (b), the [The]
1-35 commission shall notify a private design professional selected for
1-36 an interview on a project of the person's selection not later than
1-37 the 30th day before the date of the interview to allow preparation
1-38 for the interview.
1-39 (b) The commission shall notify a private design
1-40 professional selected for an interview on a small construction
1-41 project of the person's selection not later than the 14th day
1-42 before the date of the interview to allow preparation for the
1-43 interview.
1-44 (c) Subsections [(b) Subsection] (a) and (b) do [does] not
1-45 apply in an emergency situation that:
1-46 (1) presents an imminent peril to the public health,
1-47 safety, or welfare;
1-48 (2) presents an imminent peril to property;
1-49 (3) requires expeditious action to prevent a hazard to
1-50 life, health, safety, welfare, or property; or
1-51 (4) requires expeditious action to avoid undue
1-52 additional cost to the state.
1-53 SECTION 3. Section 2166.253, Government Code, is amended to
1-54 read as follows:
1-55 Sec. 2166.253. BIDDING PROCEDURES. (a) After final
1-56 approval of a project's working plans and specifications and their
1-57 acceptance by a using agency, the commission shall advertise in one
1-58 newspaper [two or more newspapers] of general circulation and the
1-59 Texas Register for bids or proposals for the construction of and
1-60 related work on the project.
1-61 (b) Except as provided by Subsection (c), the [The]
1-62 commission shall allow bidders not less than 30 days after the date
1-63 the commission issues the bid documents to respond to an invitation
1-64 to bid.
2-1 (c) The commission shall allow bidders for small
2-2 construction projects not less than 14 days after the date the
2-3 commission issues the bid documents to respond to an invitation to
2-4 bid.
2-5 (d) The commission may shorten the time for response to
2-6 prevent undue additional costs to a state agency or, for emergency
2-7 projects, to prevent or remove a hazard to life or property.
2-8 SECTION 4. This Act takes effect September 1, 1997.
2-9 SECTION 5. The importance of this legislation and the
2-10 crowded condition of the calendars in both houses create an
2-11 emergency and an imperative public necessity that the
2-12 constitutional rule requiring bills to be read on three several
2-13 days in each house be suspended, and this rule is hereby suspended.
2-14 * * * * *