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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 state agency; or |
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(2) a municipality, county, or special district or |
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authority. |
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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; or |
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(4) construction management 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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that is not owned or leased by the entity. |
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(b) This section does not apply to a public calamity or |
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emergency that requires the provision of services prohibited under |
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this section to preserve life, health, safety, welfare, or |
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property. |
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Sec. 2202.003. COST ACCOUNTING REQUIRED FOR CERTAIN |
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GOVERNMENTAL ENTITIES. (a) This section does not apply to a |
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municipality, county, or special district or authority with a |
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population of 50,000 or less. |
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(b) A governmental entity that provides, through its |
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officers or employees, a commercially available service for an |
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improvement to real property owned or leased by the entity shall |
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provide and make available to the public an accounting of the cost |
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of performing that service. |
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(c) In performing the cost accounting required under this |
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section, the governmental entity must: |
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(1) calculate the cost using the same allocation |
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method required for private providers of the service provided; and |
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(2) conduct the analysis with the goal of identifying |
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the full cost to the entity, including all direct and indirect |
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costs, of supplying the service. |
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(d) The comptroller may prescribe uniform accounting |
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procedures that governmental entities may use in preparing cost |
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accounting calculations required under this section. |
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SECTION 3. (a) 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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(b) The change in law made by Section 2202.003, Government |
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Code, as added by this Act, applies only to services provided under |
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a contract entered into on or after September 1, 2011, or, in the |
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absence of a contract, provided on or after that date. |
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SECTION 4. This Act takes effect September 1, 2011. |