78R5772 BDH-D
By: Cook of Colorado H.B. No. 3048
A BILL TO BE ENTITLED
AN ACT
relating to state construction projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2166.2531(d), Government Code, is
amended to read as follows:
(d) The commission shall prepare a request for
qualifications that includes general information on the project
site, project scope, [budget,] special systems, selection
criteria, and other information that may assist potential
design-build firms in submitting proposals for the project. The
commission shall also prepare a design criteria package that
includes more detailed information on the project. If the
preparation of the design criteria package requires engineering or
architectural services that constitute the practice of engineering
within the meaning of The Texas Engineering Practice Act (Article
3271a, Vernon's Texas Civil Statutes) or the practice of
architecture within the meaning of Chapter 478, Acts of the 45th
Legislature, Regular Session, 1937 (Article 249a, Vernon's Texas
Civil Statutes), those services shall be provided in accordance
with the applicable law.
SECTION 2. Sections 2166.2532(e) and (g), Government Code,
are amended to read as follows:
(e) The commission shall select the construction
manager-at-risk in either a one-step or two-step process. The
commission shall prepare a request for proposals, in the case of a
one-step process, or a request for qualifications, in the case of a
two-step process, that includes general information on the project
site, project scope, schedule, selection criteria, [estimated
budget,] and the time and place for receipt of proposals or
qualifications, as applicable; a statement as to whether the
selection process is a one-step or two-step process; and other
information that may assist the commission in its selection of a
construction manager-at-risk. The commission shall state the
selection criteria in the request for proposals or qualifications,
as applicable. The selection criteria may include the offeror's
experience, past performance, safety record, proposed personnel
and methodology, and other appropriate factors that demonstrate the
capability of the construction manager-at-risk. If a one-step
process is used, the commission may request, as part of the
offeror's proposal, proposed fees and prices for fulfilling the
general conditions. If a two-step process is used, the commission
may not request fees or prices in step one. In step two, the
commission may request that five or fewer offerors, selected solely
on the basis of qualifications, provide additional information,
including the construction manager-at-risk's proposed fee and its
price for fulfilling the general conditions.
(g) At each step, the commission shall receive, publicly
open, and read aloud the names of the offerors. [At the appropriate
step, the commission shall also read aloud the fees and prices, if
any, stated in each proposal as the proposal is opened.] Within 45
days after the date of opening the proposals, the commission or its
representative shall evaluate and rank each proposal submitted in
relation to the criteria set forth in the request for proposals.
SECTION 3. Sections 2166.2533(d) and (f), Government Code,
are amended to read as follows:
(d) The commission shall prepare a request for competitive
sealed proposals that includes construction documents, selection
criteria, [estimated budget,] project scope, schedule, and other
information that contractors may require to respond to the request.
The commission shall state in the request for proposals all of the
selection criteria that will be used in selecting the successful
offeror.
(f) The commission shall receive, publicly open, and read
aloud the names of the offerors [and, if any are required to be
stated, all prices stated in each proposal]. Within 45 days after
the date of opening the proposals, the commission shall evaluate
and rank each proposal submitted in relation to the published
selection criteria.
SECTION 4. Subchapter F, Chapter 2166, Government Code, is
amended by adding Section 2166.260 to read as follows:
Sec. 2166.260. APPROVAL OF CERTAIN EXPENDITURES REQUIRED. A
state agency may not spend more than the amount authorized for the
cost of a project unless the governor and the Legislative Budget
Board approve the expenditure. Once the cost of a project reaches
the amount authorized for the project, each change to approved
project plans must be approved by the governor and the Legislative
Budget Board.
SECTION 5. Section 2166.305(b), Government Code, is amended
to read as follows:
(b) A committee appointed by the commission shall perform
the review. The committee consists of:
(1) the director of facilities construction and space
management appointed under Section 2152.104, who serves [ex
officio] as the presiding officer of the committee [and who votes
only in case of a tie];
(2) seven individuals appointed by the commission, one
each from the lists of nominees submitted respectively by the:
(A) president of the Texas Society of Architects;
(B) president of the Texas Society of
Professional Engineers;
(C) presiding officer of the Executive Council of
the Texas Associated General Contractors Chapters;
(D) executive secretary of the Mechanical
Contractors Associations of Texas, Incorporated;
(E) executive secretary of the Texas Building and
Construction Trades Council;
(F) president of the Associated Builders and
Contractors of Texas; and
(G) executive director of the National
Association of Minority Contractors, with the list composed of
persons who reside in this state;
(3) one individual appointed by the commission
representing an institution of higher education, as defined by
Section 61.003, Education Code;
(4) one individual appointed by the commission
representing a state agency that has a substantial ongoing
construction program; and
(5) one individual appointed by the commission
representing the attorney general's office.
SECTION 6. Section 2166.201, Government Code, is repealed.
SECTION 7. This Act applies only to a Texas Building and
Procurement Commission request for competitive proposals under
Chapter 2166, Government Code, as amended by this Act, on or after
September 1, 2003.
SECTION 8. This Act takes effect September 1, 2003.