BILL ANALYSIS

Senate Research Center                                                                                                      S.B. 1242

79R2527 PAM-D                                                                                                              By: Madla

Intergovernmental Relations

3/28/2005

As Filed

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

Currently, construction manager-agents cannot act in the capacity of program managers for governmental entities and cannot assist counties in the preparation and evaluation of requests for qualification because the Local Government Code requires the governmental entity to select engineers and architects before or at the same time that the manager-agent is selected.  As proposed, S.B. 1242 allows the selection of the engineer or architect prior to, concurrently with, or subsequent to the selection of the construction manager-agent.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 271.117(c), Local Government Code, to require a governmental entity, before, after, or concurrently with selecting a construction manager-agent, to select or designate an engineer or architect who shall prepare the construction documents for the project and who has full responsibility for complying with Chapter 1001 (Engineers) or 1051 (Texas Board of Agricultural Examiners; General Provisions Affecting Architects, Landscape Architects, and Interior Designers; Provisions Affecting Only Architects), Occupations Code, as applicable.

SECTION 2.  Effective date:  upon passage or September 1, 2005.