79R2527 PAM-D

By:  Goolsby                                                      H.B. No. 2978



A BILL TO BE ENTITLED

AN ACT

relating to the procedures required for a governmental entity to 
perform construction-related work on facilities under the 
construction manager-agent method.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 271.117(c), Local Government Code, is 
amended to read as follows:
	(c)  Before, after, or concurrently with selecting a 
construction manager-agent, the governmental entity shall 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 or 1051, Occupations 
Code, as applicable.  If the engineer or architect is not a 
full-time employee of the governmental entity, the governmental 
entity shall select the engineer or architect on the basis of 
demonstrated competence and qualifications as provided by Section 
2254.004, Government Code.  The governmental entity's engineer or 
architect may not serve, alone or in combination with another 
person, as the construction manager-agent unless the engineer or 
architect is hired to serve as the construction manager-agent under 
a separate or concurrent procurement conducted in accordance with 
this subchapter.  This subsection does not prohibit the 
governmental entity's engineer or architect from providing 
customary construction phase services under the engineer's or 
architect's original professional service agreement in accordance 
with applicable licensing laws.
	SECTION 2.  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.