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.

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