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AN ACT
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relating to local government contracts with private entities for |
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civil works projects and improvements to real property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 271, Local Government |
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Code, is amended by adding Section 271.908 to read as follows: |
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Sec. 271.908. LOCAL GOVERNMENT CONTRACTS WITH PRIVATE |
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ENTITIES FOR CIVIL WORKS PROJECTS AND IMPROVEMENTS TO REAL |
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PROPERTY. (a) In this section, "civil works project" and "local |
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governmental entity" have the meanings assigned by Section 271.181. |
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(b) A local governmental entity may contract with a private |
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entity to act as the local governmental entity's agent in the |
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design, development, financing, maintenance, operation, or |
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construction, including oversight and inspection, of: |
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(1) a civil works project; or |
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(2) an improvement to real property. |
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(c) A local governmental entity contracting under this |
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section shall: |
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(1) select the private entity based on the private |
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entity's qualifications and experience; and |
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(2) enter into a project development agreement with |
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the private entity. |
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(d) The selected private entity shall comply with: |
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(1) Chapters 1001 and 1051, Occupations Code; |
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(2) all laws relating to procurement of professional |
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services under Chapter 2254, Government Code; and |
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(3) all laws relating to procurement under this |
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chapter that apply to the local governmental entity that selected |
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the private entity. |
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SECTION 2. This Act applies only to a contract entered into |
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on or after the effective date of this Act. A contract entered into |
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before the effective date of this Act is governed by the law in |
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effect when the contract was entered into, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2729 was passed by the House on May |
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13, 2011, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 2729 on May 25, 2011, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 2729 on May 28, 2011, by the following vote: Yeas 147, |
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Nays 0, 1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2729 was passed by the Senate, with |
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amendments, on May 21, 2011, by the following vote: Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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2729 on May 28, 2011, by the following vote: Yeas 31, Nays 0 |
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. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |