By: Callegari (Senate Sponsor - Watson) H.B. No. 2729
         (In the Senate - Received from the House May 16, 2011;
  May 16, 2011, read first time and referred to Committee on Economic
  Development; May 20, 2011, reported favorably by the following
  vote:  Yeas 6, Nays 0; May 20, 2011, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to local government contracts with private entities for
  civil works projects and improvements to real property.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter Z, Chapter 271, Local Government
  Code, is amended by adding Section 271.908 to read as follows:
         Sec. 271.908.  LOCAL GOVERNMENT CONTRACTS WITH PRIVATE
  ENTITIES FOR CIVIL WORKS PROJECTS AND IMPROVEMENTS TO REAL
  PROPERTY. (a) In this section, "civil works project" and "local
  governmental entity" have the meanings assigned by Section 271.181.
         (b)  A local governmental entity may contract with a private
  entity to act as the local governmental entity's agent in the
  design, development, financing, maintenance, operation, or
  construction, including oversight and inspection, of:
               (1)  a civil works project; or
               (2)  an improvement to real property.
         (c)  A local governmental entity contracting under this
  section shall:
               (1)  select the private entity based on the private
  entity's qualifications and experience; and
               (2)  enter into a project development agreement with
  the private entity.
         (d)  The selected private entity shall comply with:
               (1)  Chapters 1001 and 1051, Occupations Code;
               (2)  all laws relating to procurement of professional
  services under Chapter 2254, Government Code; and
               (3)  all laws relating to procurement under this
  chapter that apply to the local governmental entity that selected
  the private entity.
         SECTION 2.  This Act applies only to a contract entered into
  on or after the effective date of this Act. A contract entered into
  before the effective date of this Act is governed by the law in
  effect when the contract was entered into, and the former law is
  continued in effect for that purpose.
         SECTION 3.  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.
 
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