82R1629 PAM-D
 
  By: Patrick S.B. No. 829
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the provision of certain professional services by
  certain governmental entities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Subtitle E, Title 10, Government
  Code, is amended to read as follows:
  SUBTITLE E.  GOVERNMENT RESOURCES [PROPERTY]
         SECTION 2.  Subtitle E, Title 10, Government Code, is
  amended by adding Chapter 2202 to read as follows:
  CHAPTER 2202. LIMITATION ON USE OF GOVERNMENT SERVICES
         Sec. 2202.001.  DEFINITION; APPLICABILITY.  (a) In this
  chapter, "governmental entity" means:
               (1)  a state agency; or
               (2)  a municipality, county, or special district or
  authority.
         (b)  This chapter applies only to commercially available
  services that consist of:
               (1)  the practice of engineering within the meaning of
  Chapter 1001, Occupations Code;
               (2)  the practice of architecture within the meaning of
  Chapter 1051, Occupations Code;
               (3)  construction services; or
               (4)  construction management services.
         Sec. 2202.002.  LIMITATION ON PROVISION OF CERTAIN
  PROFESSIONAL SERVICES BY GOVERNMENTAL ENTITY.  (a)  A governmental
  entity may not provide, through its officers or employees, a
  commercially available service for an improvement to real property
  that is not owned or leased by the entity.
         (b)  This section does not apply to a public calamity or
  emergency that requires the provision of services prohibited under
  this section to preserve life, health, safety, welfare, or
  property.
         Sec. 2202.003.  COST ACCOUNTING REQUIRED FOR CERTAIN
  GOVERNMENTAL ENTITIES. (a) This section does not apply to a
  municipality, county, or special district or authority with a
  population of 50,000 or less.
         (b)  A governmental entity that provides, through its
  officers or employees, a commercially available service for an
  improvement to real property owned or leased by the entity shall
  provide and make available to the public an accounting of the cost
  of performing that service.
         (c)  In performing the cost accounting required under this
  section, the governmental entity must:
               (1)  calculate the cost using the same allocation
  method required for private providers of the service provided; and
               (2)  conduct the analysis with the goal of identifying
  the full cost to the entity, including all direct and indirect
  costs, of supplying the service.
         (d)  The comptroller may prescribe uniform accounting
  procedures that governmental entities may use in preparing cost
  accounting calculations required under this section.
         SECTION 3.  (a) The change in law made by Section 2202.002,
  Government Code, as added by this Act, does not apply to services
  provided on or after September 1, 2011, under a contract for
  services entered into before that date.
         (b)  The change in law made by Section 2202.003, Government
  Code, as added by this Act, applies only to services provided under
  a contract entered into on or after September 1, 2011, or, in the
  absence of a contract, provided on or after that date.
         SECTION 4.  This Act takes effect September 1, 2011.