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A BILL TO BE ENTITLED
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AN ACT
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relating to local government authority to develop public |
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infrastructure and facilities. |
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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. CONTRACTS OF CERTAIN LOCAL GOVERNMENTAL |
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ENTITIES. (a) In this section, "local governmental entity" and |
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"civil works project" have the meanings assigned by Section |
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271.181. |
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(b) In this section, "facility" means an improvement to real |
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property. |
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(c) 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 a facility or |
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civil works project. |
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(d) A local governmental entity entering into a contract |
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under this subchapter shall: |
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(1) select a private entity on the basis of 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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(e) A private entity selected shall comply with Chapter |
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1001, Occupations Code, and all laws related to procuring |
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engineering services and construction bidding that are applicable |
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to the local governmental entity that selected the private entity. |
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SECTION 2. 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. |