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AN ACT
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relating to rules and policies adopted by state agencies regarding |
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engineering or architectural errors or omissions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 2252, Government Code, is |
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amended by adding Section 2252.904 to read as follows: |
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Sec. 2252.904. CERTAIN RULES OR POLICIES OF STATE AGENCIES. |
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(a) In this section: |
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(1) "Contract" means a contract awarded by a state |
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agency for general construction, an improvement, a service, or a |
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public works project, including a contract subject to Section |
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201.112, Transportation Code. |
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(2) "Private design professional" means an individual |
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registered as an architect under Chapter 1051, Occupations Code, or |
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an individual licensed as an engineer under Chapter 1001, |
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Occupations Code, who provides professional architectural or |
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engineering services. |
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(3) "State agency" means a board, commission, office, |
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department, or other agency in the judicial or executive branch of |
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state government. |
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(b) A rule or policy adopted by a state agency relating to |
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the recovery of costs arising from an engineering or architectural |
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error or omission by a private design professional on a project |
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must: |
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(1) provide that the private design professional be |
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notified at the time a problem with project plans or specifications |
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is identified by the agency; |
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(2) provide an opportunity for the private design |
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professional to be involved in the resolution of a problem |
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identified under Subdivision (1); |
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(3) provide guidelines for distinguishing an error or |
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omission from other reasons for the submission of a change order; |
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(4) provide a process for determining the cost of |
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errors or omissions by private design professionals; |
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(5) provide for an evaluation of the totality of |
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project services provided by private design professionals, |
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including the level of quality, performance, and value provided |
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over the term of the entire project; |
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(6) provide that an internal management review of the |
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agency's claim for costs may be used, if available, without |
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requiring that the claim be paid before the internal management |
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review may be used; |
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(7) provide a process for tracking the cost of errors |
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or omissions by agency employees; and |
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(8) recognize that some errors, omissions, or changes |
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are likely to occur during a design and construction project. |
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SECTION 2. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 924 passed the Senate on April |
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12, 2007, by the following vote: Yeas 31, Nays 0; and that the |
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Senate adopted S.C.R. No. 85, recalling S.B. No. 924 from the |
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Governor for reconsideration on May 22, 2007; and that the Senate |
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concurred in House amendment to S.B. No. 924 on May 25, 2007, by the |
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following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 924 passed the House, with |
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amendment, on May 16, 2007, by the following vote: Yeas 144, |
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Nays 0, two present not voting; and that the House adopted |
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S.C.R. No. 85, recalling S.B. No. 924 from the Governor on May 22, |
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2007. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |