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.