S.B. 1331 78(R)    BILL ANALYSIS


S.B. 1331
By: Ratliff
State Affairs
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Currently, provisions in the Government Code relating to construction
manager-at-risk and construction manager-agency are not parallel to
provisions in the Education Code.  The purposes of Senate Bill 1331 are to
align the Education Code and Government Code provisions, to add language
to the Government Code which authorizes the Texas Building and Procurement
Commission to use a construction manager-agent method for a project, and
to modify the Education Code and Government Code sections relating to the
selection of a construction manager-at-risk. 

RULEMAKING AUTHORITY

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

ANALYSIS

Senate Bill 1331 amends Chapter 2166, Government Code, to authorize the
Texas Building and Procurement Commission (TBPC) to use the construction
manager-agent method for a project. 

The bill defines "construction manager-agent" and describes certain
required and permissible methods of procuring the services of, and
contracting with, a construction manager-agent. 

The bill amends the Government Code to provide that TBPC's engineer or
architect for a project may not serve as the construction manager-at-risk,
unless the engineer or architect is hired to serve as the construction
manager-at-risk under a separate or concurrent procurement.  The bill also
amends the Education Code to include the same provision for school
districts and institutions of higher education. 

EFFECTIVE DATE

September 1, 2003.  The changes in law made by this Act apply only to a
construction project for which a bid, proposal, offer, or qualification,
as applicable, is first advertised or otherwise solicited on or after
September 1, 2003.  


EXPLANATION OF AMENDMENTS

Committee Amendment No. 1 amends Section 44.040 of the Education Code to
require a school district to select or designate an engineer or architect
to prepare construction documents for the construction, rehabilitation,
alteration, or repair of a facility.  The selected or designated engineer
or architect has full responsibility for complying with Chapter 1001
(Engineers) and Chapter 1051 (Architects), Occupations Code, as
applicable.