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A BILL TO BE ENTITLED
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AN ACT
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relating to construction managers-at-risk used by local |
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governments. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 271.118(c), Local Government Code, is |
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amended to read as follows: |
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(c) Before or concurrently with selecting a construction |
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manager-at-risk, the governmental entity shall select or designate |
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an engineer or architect who shall prepare the construction |
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documents for the project and who has full responsibility for |
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complying with Chapter 1001 or 1051, Occupations Code, as |
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applicable. If the engineer or architect is not a full-time |
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employee of the governmental entity, the governmental entity shall |
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select the engineer or architect on the basis of demonstrated |
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competence and qualifications as provided by Section 2254.004, |
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Government Code. The governmental entity's engineer, architect, or |
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construction manager-agent for a project may not serve, alone or in |
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combination with another, as the construction manager-at-risk |
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[unless the engineer or architect is hired to serve as the
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construction manager-at-risk under a separate or concurrent
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procurement conducted in accordance with this subchapter]. |
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SECTION 2. Subchapter H, Chapter 271, Local Government |
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Code, is amended by adding Section 271.1181 to read as follows: |
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Sec. 271.1181. LIMITATION ON CONSTRUCTION MANAGER-AT-RISK |
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CONTRACTS. (a) A construction manager-at-risk contract may not be |
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awarded to: |
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(1) a governmental entity's engineer, architect, |
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construction manager-agent, or program director; or |
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(2) a sole proprietor, corporation, partnership, |
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limited liability company, or other entity that is a subsidiary, |
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parent corporation, or partner or has any other relationship in |
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which the governmental entity's engineer, architect, construction |
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manager-agent, or program director has an ownership interest, or is |
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subject to common ownership or control, or is party to an agreement |
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by which it will receive any proceeds of the construction |
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manager-at-risk's payments from the governmental entity. |
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(b) A contract awarded in violation of this section is void |
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as contrary to public policy. |
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(c) This section does not apply to: |
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(1) a public corporation in which three percent or |
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less of the outstanding stock is owned by a governmental entity's |
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architect or engineer; or |
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(2) a person who enters into a joint venture for a |
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project or contract unrelated to the current project for which a |
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construction manager-at-risk is being selected. |
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SECTION 3. This Act applies only to a contract for the |
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services of a construction manager-at-risk entered into on or after |
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the effective date of this Act. A contract entered into before the |
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effective date of this Act is governed by the law in effect when the |
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contract was entered into, and the former law is continued in effect |
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for that purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |