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By: Thompson H.B. No. 3107
A BILL TO BE ENTITLED
AN ACT
relating to the definition of facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 271.111, Local Government Code, is
amended to read as follows:
Sec. 271.111. DEFINITIONS. In this subchapter:
(1) "Architect" means an individual registered as an
architect under Chapter 1051, Occupations Code.
(2) "Contractor" in the context of a contract for the
construction, rehabilitation, alteration, or repair of a facility
means a sole proprietorship, partnership, corporation, or other
legal entity that assumes the risk for constructing,
rehabilitating, altering, or repairing all or part of the facility
at the contracted price.
(3) "Design-build contract" means a single contract
with a design-build firm for the design and construction of a
facility.
(4) "Design-build firm" means a partnership,
corporation, or other legal entity or team that includes an
engineer or architect and builder qualified to engage in building
construction in Texas.
(5) "Design criteria package" means a set of documents
that provides sufficient information to permit a design-build firm
to prepare a response to a governmental entity's request for
qualifications and any additional information requested, including
criteria for selection. The design criteria package must specify
criteria the governmental entity considers necessary to describe
the project and may include, as appropriate, the legal description
of the site, survey information concerning the site, interior space
requirements, special material requirements, material quality
standards, conceptual criteria for the project, special equipment
requirements, cost or budget estimates, time schedules, quality
assurance and quality control requirements, site development
requirements, applicable codes and ordinances, provisions for
utilities, parking requirements, or any other requirement, as
applicable.
(6) "Engineer" means an individual licensed as an
engineer under Chapter 1001, Occupations Code.
(7) "Facility" means buildings the design and
construction of which are governed by accepted building codes or a
facility designed for skateboards, roller skates or in-line skates.
The term does not include:
(A) highways, roads, streets, bridges,
utilities, water supply projects, water plants, wastewater plants,
water and wastewater distribution or conveyance facilities,
wharves, docks, airport runways and taxiways, drainage projects, or
related types of projects associated with civil engineering
construction; or
(B) buildings or structures that are incidental
to projects that are primarily civil engineering construction
projects.
(8) "Fee" in the context of a contract for the
construction, rehabilitation, alteration, or repair of a facility
means the payment a construction manager receives for its overhead
and profit in performing its services.
(9) "General conditions" in the context of a contract
for the construction, rehabilitation, alteration, or repair of a
facility means on-site management, administrative personnel,
insurance, bonds, equipment, utilities, and incidental work,
including minor field labor and materials.
(10) "Governmental entity" means a municipality,
county, river authority, or defense base development authority
established under Chapter 378 as added by Chapter 1221, Acts of the
76th Legislature, Regular Session, 1999.
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.