79R2527 PAM-D
By: Madla S.B. No. 1242
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.