79R9151 MTB-F
By: Phillips H.B. No. 2137
A BILL TO BE ENTITLED
AN ACT
relating to the construction or improvement of buildings by the
Texas Department of Transportation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 221.001(1), Transportation Code, is
amended to read as follows:
(1) "Highway" includes a public road or part of a
public road and a bridge, culvert, building, or other necessary
structure related to a public road.
SECTION 2. Section 2166.302, Government Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) Except as provided by Subsections [Subsection] (b) and
(c), the commission shall adopt uniform general conditions to be
incorporated into all building construction contracts made by the
state, including a contract for a project excluded from this
chapter by Section 2166.003, but not including a contract for a
project excluded from this chapter by Section 2166.004.
(c) Subsection (a) does not apply to a project constructed
by and for the Texas Department of Transportation.
SECTION 3. The changes in law made by this Act to Section
2166.302, Government Code, apply only to a contract for which the
Texas Department of Transportation first advertises or otherwise
solicits bids, proposals, offers, or qualifications on or after the
effective date of this Act. A contract for which the Texas
Department of Transportation first advertised or otherwise
solicited bids, offers, or qualifications before that date is
governed by the law in effect when the first advertisement or
solicitation was given, and the former law is continued in effect
for that purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.