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A BILL TO BE ENTITLED
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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" has the meaning |
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assigned by Section 2166.001(3). |
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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 formula for determining the cost of |
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errors or omissions by private design professionals; |
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(5) be consistent with the doctrine of negligence and |
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generally accepted standards of care required of similar private |
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design professionals; |
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(6) 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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(7) provide a process for filing an appeal of an agency |
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claim for costs in a district court or before the State Office of |
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Administrative Hearings without requiring that the claim be paid |
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before filing the appeal; |
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(8) provide a process for tracking the cost of errors |
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or omissions by agency employees; and |
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(9) recognize that a de minimis level of change is |
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likely to occur during a project. |
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SECTION 2. This Act takes effect September 1, 2007. |