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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of the practice of construction and |
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program management for capital improvement projects of school |
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districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Title 8, Occupations Code, is amended by adding |
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Chapter 1306 to read as follows: |
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CHAPTER 1306. SCHOOL CONSTRUCTION MANAGER-AGENTS |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 1306.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Texas Commission of |
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Licensing and Regulation. |
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(2) "Construction and program management" means the |
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management of the planning, design, and construction of a capital |
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improvement project or program of capital improvement projects, |
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including project scope development, land acquisition, permitting, |
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cash-flow management, design acquisition and management, cost |
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estimation, the writing of bid packages, cost control, time and |
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quality management, contract administration, risk management, and |
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dispute avoidance and resolution. |
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(3) "Department" means the Texas Department of |
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Licensing and Regulation. |
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(4) "Executive director" means the executive director |
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of the department. |
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(5) "School construction manager-agent" means a |
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person registered to engage in the practice of construction and |
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program management for a school district in this state on: |
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(A) a capital improvement project; or |
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(B) a program of capital improvement projects. |
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[Sections 1306.002-1306.050 reserved for expansion] |
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SUBCHAPTER B. REGISTRATION REQUIREMENTS |
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Sec. 1306.051. REGISTRATION REQUIRED. A person may not |
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engage in the practice of construction and program management for a |
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school district in this state unless the person: |
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(1) holds a certificate of registration issued under |
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this chapter; or |
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(2) is an officer or employee of a school district in |
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this state and engages in the practice of construction and program |
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management for the school district employer. |
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Sec. 1306.052. REGISTRATION APPLICATION; FEE. An applicant |
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for registration under this chapter must: |
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(1) submit an application on a form prescribed by the |
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executive director; and |
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(2) pay the application fee set by the commission. |
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Sec. 1306.053. ELIGIBILITY FOR REGISTRATION. To be |
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eligible for registration as a school construction manager-agent, |
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an applicant must: |
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(1) be certified by: |
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(A) the Construction Management Association of |
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America if the executive director determines that the requirements |
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for certification by that organization are sufficient to protect |
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the public; or |
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(B) a national construction and program |
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management organization recognized by the executive director; |
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(2) submit to the department the names and addresses |
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of five school district clients to verify that the applicant has at |
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least 10 years' experience in the field of construction and program |
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management; |
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(3) hold a bachelor's or graduate degree in |
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construction management, architecture, engineering, or |
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construction science and have at least four years of verified |
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experience in construction management for school districts; or |
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(4) hold an associate's degree or certificate in |
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construction management, architecture, engineering, or |
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construction science and have at least six years of verified |
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experience in construction management for school districts. |
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Sec. 1306.054. ISSUANCE OF CERTIFICATE OF REGISTRATION. |
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The executive director shall issue a certificate of registration to |
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an applicant who qualifies for registration. |
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Sec. 1306.055. REQUIRED INSURANCE. A holder of a |
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certificate of registration or the firm employing the person must |
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maintain professional liability insurance in the amount of at least |
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$1 million for each occurrence. |
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Sec. 1306.056. TERM OF CERTIFICATE OF REGISTRATION. A |
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certificate of registration is valid for a term established by the |
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executive director. |
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[Sections 1306.057-1306.100 reserved for expansion] |
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SUBCHAPTER C. RENEWAL OF CERTIFICATE OF REGISTRATION |
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Sec. 1306.101. PROCEDURE FOR RENEWAL. (a) A person who is |
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otherwise eligible to renew a certificate of registration may renew |
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an unexpired certificate by paying the required renewal fee to the |
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department before the expiration date of the certificate. A person |
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whose certificate has expired may not engage in activities that |
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require a certificate until the certificate has been renewed. |
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(b) A person whose certificate has been expired for 90 days |
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or less may renew the certificate by paying to the department a |
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renewal fee that is equal to 1-1/2 times the normally required |
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renewal fee. |
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(c) A person whose certificate has been expired for more |
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than 90 days but less than one year may renew the certificate by |
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paying to the department a renewal fee that is equal to two times |
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the normally required renewal fee. |
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(d) A person whose certificate has been expired for one year |
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or more may not renew the certificate. The person may obtain a new |
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certificate by complying with the requirements and procedures for |
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an original certificate. |
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Sec. 1306.102. CONTINUING EDUCATION. (a) The department |
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may recognize, prepare, or offer continuing education for holders |
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of certificates of registration. |
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(b) Participation in continuing education programs is |
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voluntary unless the executive director by rule determines that the |
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department should require participation. |
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SECTION 2. Section 44.037, Education Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) A construction manager-agent is a sole proprietorship, |
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partnership, corporation, or other legal entity that complies with |
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Chapter 1306, Occupations Code, and that provides consultation to |
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the school district regarding construction, rehabilitation, |
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alteration, or repair of the facility. A district using the |
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construction manager-agent method may, under the contract between |
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the district and the construction manager-agent, require the |
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construction manager-agent to provide: |
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(1) any service defined as construction and program |
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management under Section 1306.001, Occupations Code; |
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(2) administrative personnel;[,] |
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(3) equipment necessary to perform duties under this |
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section;[,] and |
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(4) on-site management and other services specified in |
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the contract. |
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(b-1) A construction manager-agent represents the district |
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in a fiduciary capacity. |
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SECTION 3. (a) A person is not required to obtain a |
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certificate of registration under Chapter 1306, Occupations Code, |
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as added by this Act, until January 1, 2008. |
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(b) Notwithstanding Subsection (a) of this section, a |
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person who is engaged in the practice of construction and program |
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management before January 1, 2008, and who applies for a |
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certificate of registration under Chapter 1306, Occupations Code, |
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as added by this Act, before that date may continue to engage in |
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that practice until the executive director of the Texas Department |
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of Licensing and Regulation acts on the person's application. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |