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A BILL TO BE ENTITLED
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AN ACT
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relating to the small contractor participation assistance program |
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for certain state construction projects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2166.259, Government Code, is amended by |
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amending Subsections (a), (b), (d), (e), and (f) and adding |
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Subsection (b-1) to read as follows: |
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(a) This section applies only in relation to [a contract
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for] a public works project that will involve a contract or |
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aggregated multiple contracts with [has] an estimated cost of more |
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than $20 million. |
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(b) The commission shall maintain a small contractor |
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participation assistance program to ensure full opportunity for |
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participation in public works projects by small contractors. The |
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program must include a: |
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(1) system for the centralized purchase of necessary |
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insurance coverage for the public works project that is required |
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under Subsection (c); |
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(2) public outreach plan to: |
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(A) provide public information about the |
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program; and |
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(B) encourage small contractors to participate |
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in the program; |
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(3) technical assistance plan to aid small contractors |
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in developing the skills necessary to participate in the program in |
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accordance with Subsection (d); [and] |
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(4) financing assistance plan to provide |
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administrative and other assistance to small contractors in |
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obtaining necessary financing arrangements to make the |
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participation of those contractors possible; and |
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(5) method to assist small contractors in: |
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(A) preparing bond application packages for |
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public works projects in a format acceptable to bond underwriters; |
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(B) obtaining bonds required to participate in |
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public works projects; and |
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(C) expanding bonding limits to allow the |
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contractors to participate in public works projects. |
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(b-1) Small contractors that are interested in |
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participating in a public works project undertaken by or for any |
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state agency, including an agency whose project is otherwise |
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exempted from all or part of this chapter under Section 2166.003, |
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may participate in the small contractor participation assistance |
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program under this section. |
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(d) A technical assistance plan adopted by the commission |
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must include information on and assistance in: |
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(1) bid estimation, the bidding process, scheduling, |
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and the understanding of bid documents; |
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(2) the reading of construction drawings and other |
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analogous documents; |
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(3) business accounting, bonds, and bond |
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requirements; |
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(4) negotiation with general contractors; [and] |
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(5) other technical and administrative matters |
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considered appropriate and necessary given the complexity and scope |
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of the public works project; and |
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(6) small contractor safety training to ensure |
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compliance with federal jobsite safety standards. |
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(e) The commission shall [may] negotiate contracts with |
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persons or firms having expertise and any required license in the |
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areas that must be included in the commission's technical |
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assistance plan to provide the information and assistance. |
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(f) In this section: |
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(1) "Public works project" means a construction |
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project designed to serve the public necessity, use, or convenience |
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that is undertaken and executed by the commission or by or for an |
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agency whose project is otherwise exempted from all or part of this |
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chapter under Section 2166.003, including a project for the |
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construction, alteration, or repair of a public building. |
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(2) "Small contractor" means a contractor that |
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operates as a small-business concern as defined by the Small |
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Business Act (15 U.S.C. Chapter 14A). |
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SECTION 2. This Act takes effect September 1, 2007. |