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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of certain professional services by |
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certain governmental entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subtitle E, Title 10, Government |
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Code, is amended to read as follows: |
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SUBTITLE E. GOVERNMENT RESOURCES [PROPERTY] |
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SECTION 2. Subtitle E, Title 10, Government Code, is |
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amended by adding Chapter 2202 to read as follows: |
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CHAPTER 2202. LIMITATION ON USE OF GOVERNMENT SERVICES |
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Sec. 2202.001. DEFINITION; APPLICABILITY. (a) In this |
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chapter, "governmental entity" means: |
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(1) a board, commission, department, office, or other |
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agency of this state, other than an institution of higher education |
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as defined by Section 61.003, Education Code; |
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(2) a special district or authority with a governing |
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board appointed by the governor; or |
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(3) a regional planning commission under Chapter 391, |
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Local Government Code. |
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(b) This chapter applies only to commercially available |
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services that consist of: |
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(1) the practice of engineering within the meaning of |
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Chapter 1001, Occupations Code; |
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(2) the practice of architecture within the meaning of |
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Chapter 1051, Occupations Code; |
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(3) construction services; |
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(4) construction management services; or |
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(5) environmental document preparation services. |
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Sec. 2202.002. LIMITATION ON PROVISION OF CERTAIN |
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PROFESSIONAL SERVICES BY GOVERNMENTAL ENTITY. (a) A governmental |
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entity may not provide, through its officers or employees, a |
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commercially available service for an improvement to real property |
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unless the property: |
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(1) is owned, leased, or operated by the entity; or |
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(2) is held by the entity under an easement or other |
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agreement with the property owner that provides for access to the |
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property. |
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(b) A nonprofit corporation created by a river authority |
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under Chapter 152, Water Code, is considered, with the river |
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authority, a single governmental entity for purposes of this |
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section. |
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(c) This section does not apply to: |
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(1) construction services in an amount less than |
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$25,000 provided for a project; |
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(2) contract management or project management |
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services provided by a governmental entity's employees; |
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(3) water and water quality technical assistance |
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activities, operation, or maintenance provided by a river authority |
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within its service area; |
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(4) activities necessary to ensure compliance with the |
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administration of federal funds; |
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(5) incidental sampling and testing of construction or |
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maintenance materials provided at a commercial quarry or a |
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commercial fabrication plant by a state agency for another |
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governmental entity that pays the cost of that service at a location |
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where the state agency provides regular testing or inspection for |
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state agency projects; or |
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(6) a public calamity or emergency that requires the |
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provision of services prohibited under this section to preserve |
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life, health, safety, welfare, or property. |
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SECTION 3. The change in law made by Section 2202.002, |
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Government Code, as added by this Act, does not apply to services |
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provided on or after September 1, 2011, under a contract for |
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services entered into before that date. |
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SECTION 4. This Act takes effect September 1, 2011. |