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BILL ANALYSIS |
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By: West |
BACKGROUND AND PURPOSE
In 2007 the Legislature passed HB 1886 to allow certain local government entities to use the design-build procurement method for the construction, rehabilitation, alteration, or repair of civil works projects, including roads, bridges, utilities, water and wastewater plants, and, among other works, transit projects. Design-build is a procurement method where a local government entity may contract with a design-build team consisting of an engineer and a contractor for the design and construction of a civil works project. Design-build is a departure from the traditional public sector procurement method of design-bid-build where the design and construction services are performed by separate contractors.
As approved by the 80th Legislature, HB 1886 authorized local government entities with a population of 500,000 or more to use design-build before 1 September 2009, and for entities with a population of 100,000 or more to use design-build between 1 September 2009 and 1 September 2011. The Act did not make any provision for the use of design-build after 1 September 2011. CSSB 229 allows local government entities to use the design-build procurement method for procuring civil works projects after 1 September 2009.
RULEMAKING AUTHORITY
The bill does not expressly delegate rulemaking authority to any state officer, department, agency, or institution.
ANALYSIS
SECTION 1. Amends §271.182, Local Government Code, to strike language authorizing local government entities with a population greater than 500,000 to use design-build before 1 September 2009, and entities with a population greater than 100,000 to use design-build between 1 September 2009 and 1 September 2011. This change allows local government entities with a population of 100,000 or more to use design-build after 1 September 2009.
SECTION 2. Effective immediately upon receipt of two-thirds vote from each house, or 1 September 2009.
EFFECTIVE DATE
Immediately upon receipt of two-thirds vote from each house, or 1 September 2009
COMPARISON OF ORIGINAL TO SUBSTITUTE
The committee substitute changes the effective date of the act from 1 September 2009, to immediate effect upon receipt of two-thirds vote from each house or 1 September 2009.