|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to rules and policies adopted by state agencies regarding |
|
|
engineering or architectural errors or omissions. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter Z, Chapter 2252, Government Code, is |
|
|
amended by adding Section 2252.904 to read as follows: |
|
|
Sec. 2252.904. CERTAIN RULES OR POLICIES OF STATE AGENCIES. |
|
|
(a) In this section: |
|
|
(1) "Contract" means a contract awarded by a state |
|
|
agency for general construction, an improvement, a service, or a |
|
|
public works project, including a contract subject to Section |
|
|
201.112, Transportation Code. |
|
|
(2) "Private design professional" means an individual |
|
|
registered as an architect under Chapter 1051, Occupations Code, or |
|
|
a person licensed as an engineer under Chapter 1001, Occupations |
|
|
Code, who provides professional architectural or engineering |
|
|
services. |
|
|
(3) "State agency" means a board, commission, office, |
|
|
department, or other agency in the judicial or executive branch of |
|
|
state government. |
|
|
(b) A rule or policy adopted by a state agency relating to |
|
|
the recovery of costs arising from an engineering or architectural |
|
|
error or omission by a private design professional on a project |
|
|
must: |
|
|
(1) provide that the private design professional be |
|
|
notified at the time a problem with project plans or specifications |
|
|
is identified by the agency; |
|
|
(2) provide an opportunity for the private design |
|
|
professional to be involved in the resolution of a problem |
|
|
identified under Subdivision (1); |
|
|
(3) provide guidelines for distinguishing an error or |
|
|
omission from other reasons for the submission of a change order; |
|
|
(4) provide a formula for determining the cost of |
|
|
errors or omissions by private design professionals; |
|
|
(5) be consistent with the doctrine of negligence and |
|
|
generally accepted standards of care required of similar private |
|
|
design professionals; |
|
|
(6) provide for an evaluation of the totality of |
|
|
project services provided by private design professionals, |
|
|
including the level of quality, performance, and value provided |
|
|
over the term of the entire project; |
|
|
(7) provide a process for filing an appeal of an agency |
|
|
claim for costs before the State Office of Administrative Hearings |
|
|
without requiring that the claim be paid before filing the appeal; |
|
|
(8) provide a process for tracking the cost of errors |
|
|
or omissions by agency employees; and |
|
|
(9) recognize that a de minimis level of change is |
|
|
likely to occur during a project. |
|
|
SECTION 2. This Act takes effect September 1, 2007. |