82R4455 TJB-D

By: Button H.B. No. 679

A BILL TO BE ENTITLED

AN ACT

relating to change order approval requirements for certain

political subdivisions of the state.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 252.048(c), Local Government Code, is

amended to read as follows:

(c) If a change order involves a decrease or an increase of

$50,000 [$25,000] or less, the governing body may grant general

authority to an administrative official of the municipality to

approve the change orders.

SECTION 2. Section 271.060, Local Government Code, is

amended by adding Subsection (c) to read as follows:

(c) A governing body may grant authority to an official or

employee responsible for purchasing or for administering a contract

to approve a change order that involves an increase or decrease of

$50,000 or less.

SECTION 3. Section 281.046, Local Government Code, is

amended by adding Subsection (f) to read as follows:

(f) The board may grant authority to an official or employee

responsible for purchasing or for administering a contract to

approve a change order that involves an increase or decrease of

$50,000 or less.

SECTION 4. Section 325.040, Local Government Code, is

amended to read as follows:

Sec. 325.040. CHANGE ORDERS. After a construction contract

is awarded, if the district determines that additional work is

needed or if the character or type of work, facilities, or

improvements should be changed, the board may authorize change

orders to the contract on terms the board approves. A change made

under this section may not increase or decrease the total cost of

the contract by more than 25 percent. The board may grant authority

to an official or employee responsible for purchasing or for

administering a contract to approve a change order that involves an

increase or decrease of $50,000 or less.

SECTION 5. Section 351.137(c), Local Government Code, is

amended to read as follows:

(c) After a construction contract is awarded, if the

district determines that additional work is needed or if the

character or type of work, facilities, or improvements should be

changed, the board may authorize change orders to the contract on

terms the board approves. The board may grant authority to an

official or employee responsible for purchasing or for

administering a contract to approve a change order that involves an

increase or decrease of $50,000 or less. A change made under this

subsection may not increase or decrease the total cost of the

contract by more than 25 percent.

SECTION 6. Section 49.273(i), Water Code, is amended to

read as follows:

(i) If changes in plans or specifications are necessary

after the performance of the contract is begun, or if it is

necessary to decrease or increase the quantity of the work to be

performed or of the materials, equipment, or supplies to be

furnished, the board may approve change orders making the changes.

The board may grant authority to an official or employee

responsible for purchasing or for administering a contract to

approve a change order that involves an increase or decrease of

$50,000 or less. The aggregate of the change orders may not

increase the original contract price by more than 10 percent.

Additional change orders may be issued only as a result of

unanticipated conditions encountered during construction, repair,

or renovation or changes in regulatory criteria or to facilitate

project coordination with other political entities.

SECTION 7. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2011.