H.B. 2081 78(R)    BILL ANALYSIS


H.B. 2081
By: McReynolds
State Affairs
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Section 251.081 of the Transportation Code allows the commissioner's court
of a county  to "erect and maintain any necessary bridge in the county."
However, Vernon's Texas Civil Statutes, Title 52a Section 19, places
requirements and restrictions on public works, including bridges.  This
section requires a licensed professional engineer to directly supervise
construction of a bridge that affects public safety; furthermore, the
Occupations Code, Section 1001.053 Public Works, establishes three
exemptions for which a licensed professional engineer is not required.
These exemptions are based on the type of project as well as the amount it
costs to complete the project.  Currently, if a project requires
structural, electrical, or mechanical engineering and it costs under
$8,000, then a licensed professional engineer is not required. The purpose
of House Bill 2081 is to  raise the current $8,000 cap to $20,000 for
structural, electrical, or mechanical engineering projects.  This cap was
last raised in 1989.  This change in law allows commissioners courts to
make the needed repairs or construction on bridges without having to
consult a licensed professional engineer. 

RULEMAKING AUTHORITY

It is the opinion of the committee that this bill does not expressly grant
any additional rulemaking authority to a state officer, department,
agency, or institution. 

ANALYSIS

House Bill 2081 amends Section 1001.053 of the Occupations Code by
substituting $20,000 for the current $8,000. 

EFFECTIVE DATE

June 1, 2003, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003.