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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Section 791.011,
Government Code, is amended by adding Subsection (j) to read as follows:
(j)
A local government may
not enter into a contract to purchase construction-related goods or
services through a purchasing cooperative under this chapter in an amount
greater than $50,000 unless a design
professional, as the term is defined by Section 2166.001(6),
certifies in writing that:
(1) the project for which
the construction-related goods or services are being procured does not
require the preparation of plans and specifications under Chapter 1001 or
1051, Occupations Code; or
(2) the plans and
specifications required under Chapters 1001 and 1051, Occupations Code,
have been prepared.
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SECTION 1. Section 791.011,
Government Code, is amended by adding Subsection (j) to read as follows:
(j) For the purposes of this subsection, the term
"purchasing cooperative" means a group purchasing organization
that governmental entities join as members and the managing entity of which
receives fees from members or vendors. A local government may not
enter into a contract to purchase construction-related goods or services
through a purchasing cooperative under this chapter in an amount greater
than $50,000 unless a person designated by
the local government certifies in writing that:
(1) the project for which
the construction-related goods or services are being procured does not
require the preparation of plans and specifications under Chapter 1001 or
1051, Occupations Code; or
(2) the plans and
specifications required under Chapters 1001 and 1051, Occupations Code,
have been prepared.
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SECTION 2. Section 2267.354,
Government Code, as added by Chapter 1129 (H.B. 628), Acts of the 82nd
Legislature, Regular Session, 2011, is amended.
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SECTION 2. Same as introduced
version.
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SECTION 3. (a) This section
takes effect only if the Act of the 83rd Legislature, Regular Session,
2013, relating to nonsubstantive additions to and corrections in enacted
codes becomes law.
(b) Subchapter H, Chapter
2269, Government Code, is amended by adding Section 2269.3615 to read as
follows:
Sec. 2269.3615.
IDENTIFICATION OF PROJECT TEAM. (a) A design-build firm responding to a
request for detailed proposals issued under
Section 2269.361 must identify:
(1) companies that will fill key project roles,
including project management, lead design firm, quality control management,
and quality assurance management; and
(2) entities that will serve as key task leaders
for geotechnical, hydraulics and hydrology, structural, environmental,
utility, and right-of-way issues.
(b) A design-build firm
selected for a design-build agreement may not make changes to the companies or entities identified under
Subsection (a) unless the original company or
entity:
(1) is no longer in
business, is unable to fulfill its legal, financial, or business
obligations, or can no longer meet the terms of the teaming agreement with
the design-build firm;
(2) voluntarily removes
itself from the team;
(3) fails to provide a
sufficient number of qualified personnel to fulfill the duties identified
during the proposal stage; or
(4) fails to negotiate in
good faith in a timely manner in accordance with provisions established in
the teaming agreement proposed for the project.
(c) If the design-build
firm makes team changes in violation of Subsection (b), any cost savings
resulting from the change accrue to the governmental entity and not to the
design-build firm.
(c) Section 2267.364,
Government Code, as added by Chapter 1129 (H.B. 628), Acts of the 82nd
Legislature, Regular Session, 2011, is redesignated as Section 2269.364,
Government Code, and amended to read as follows:
Sec. 2269.364 [2267.364].
STIPEND AMOUNT FOR UNSUCCESSFUL OFFERORS. (a) A [Unless a
stipend is paid under Subsection (c), the design-build firm retains all
rights to the work product submitted in a proposal. The governmental
entity may not release or disclose to any person, including the successful
offeror, the work product contained in an unsuccessful proposal. The
governmental entity shall return all copies of the proposal and other
information submitted to an unsuccessful offeror. The governmental entity
or its agents may not make use of any unique or nonordinary design element,
technique, method, or process contained in the unsuccessful proposal that
was not also contained in the successful proposal at the time of the
original submittal, unless the entity acquires a license from the
unsuccessful offeror.
[(b) A violation of this
section voids the contract for the project entered into by the governmental
entity. The governmental entity is liable to any unsuccessful offeror, or
any member of the design-build team or its assignee, for one-half of the
cost savings associated with the unauthorized use of the work product of
the unsuccessful offeror. Any interested party may bring an action for an
injunction, declaratory relief, or damages for a violation of this
section. A party who prevails in an action under this subsection is
entitled to reasonable attorney's fees as approved by the court.
[(c) The]
governmental entity shall pay [may offer] an unsuccessful
design-build firm that submits a response to the governmental
entity's request for additional information under Section 2269.361 [2267.361]
a stipend for preliminary engineering costs associated with the development
of the proposal. The stipend must be an amount equal to at least
one-quarter [one-half] of one percent of the contract amount and
[must] be specified in the initial request for proposals. Following
payment of the stipend [If the offer is accepted and paid], the
governmental entity may make use of any work product contained in the
proposal, including the techniques, methods, processes, and information
contained in the proposal. The use by the governmental entity of any
design element contained in an unsuccessful proposal is at the sole risk
and discretion of the entity and does not confer liability on the recipient
of the stipend under this subsection.
(b) A violation of this
section voids the contract for the project entered into by the governmental
entity. [(d) Notwithstanding other law, including Chapter 552, work
product contained in an unsuccessful proposal submitted and rejected under
this subchapter is confidential and may not be released unless a stipend
offer has been accepted and paid as provided by Subsection (c).]
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SECTION 3. (a) This section
takes effect only if the Act of the 83rd Legislature, Regular Session,
2013, relating to nonsubstantive additions to and corrections in enacted
codes becomes law.
(b) Subchapter H, Chapter
2269, Government Code, is amended by adding Section 2269.3615 to read as
follows:
Sec. 2269.3615.
IDENTIFICATION OF PROJECT TEAM. (a) A
governmental entity may require a design-build firm responding to a
request for detailed proposals to identify
companies that will:
(1) fill key project
roles, including project management, lead design firm, quality control
management, and quality assurance management; and
(2) serve as key task
leaders for geotechnical, hydraulics and hydrology, structural,
environmental, utility, and right-of-way issues.
(b) If a design-build
firm required to identify companies under Subsection (a) is selected for a
design-build agreement, the firm may not make changes to the identified companies unless an identified company:
(1) is no longer in
business, is unable to fulfill its legal, financial, or business
obligations, or can no longer meet the terms of the teaming agreement with
the design-build firm;
(2) voluntarily removes
itself from the team;
(3) fails to provide a
sufficient number of qualified personnel to fulfill the duties identified
during the proposal stage; or
(4) fails to negotiate in
good faith in a timely manner in accordance with provisions established in
the teaming agreement proposed for the project.
(c) If the design-build
firm makes team changes in violation of Subsection (b), any cost savings
resulting from the change accrue to the governmental entity and not to the
design-build firm.
No
equivalent provision.
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SECTION 4. (a) This section
takes effect only if the Act of the 83rd Legislature, Regular Session,
2013, relating to nonsubstantive additions to and corrections in enacted
codes does not become law.
(b) Subchapter H, Chapter
2267, Government Code, as added by Chapter 1129 (H.B. 628), Acts of the
82nd Legislature, Regular Session, 2011, is amended by adding Section
2267.3615 to read as follows:
Sec. 2267.3615.
IDENTIFICATION OF PROJECT TEAM. (a) A design-build firm responding to a
request for detailed proposals issued under
Section 2267.361 must identify:
(1) companies that will fill key project roles,
including project management, lead design firm, quality control management,
and quality assurance management; and
(2) entities that will serve as key task leaders
for geotechnical, hydraulics and hydrology, structural, environmental,
utility, and right-of-way issues.
(b) A design-build firm
selected for a design-build agreement may not make changes to the companies or entities identified under
Subsection (a) unless the original company or entity:
(1) is no longer in
business, is unable to fulfill its legal, financial, or business
obligations, or can no longer meet the terms of the teaming agreement with
the design-build firm;
(2) voluntarily removes
itself from the team;
(3) fails to provide a
sufficient number of qualified personnel to fulfill the duties identified
during the proposal stage; or
(4) fails to negotiate in
good faith in a timely manner in accordance with provisions established in
the teaming agreement proposed for the project.
(c) If the design-build
firm makes team changes in violation of Subsection (b), any cost savings
resulting from the change accrue to the governmental entity and not to the
design-build firm.
(c) Section 2267.364,
Government Code, as added by Chapter 1129 (H.B. 628), Acts of the 82nd
Legislature, Regular Session, 2011, is amended to read as follows:
Sec. 2267.364. STIPEND
AMOUNT FOR UNSUCCESSFUL OFFERORS. (a) A [Unless a stipend is
paid under Subsection (c), the design-build firm retains all rights to the
work product submitted in a proposal. The governmental entity may not
release or disclose to any person, including the successful offeror, the
work product contained in an unsuccessful proposal. The governmental
entity shall return all copies of the proposal and other information
submitted to an unsuccessful offeror. The governmental entity or its
agents may not make use of any unique or nonordinary design element,
technique, method, or process contained in the unsuccessful proposal that
was not also contained in the successful proposal at the time of the original
submittal, unless the entity acquires a license from the unsuccessful
offeror.
[(b) A violation of this
section voids the contract for the project entered into by the governmental
entity. The governmental entity is liable to any unsuccessful offeror, or
any member of the design-build team or its assignee, for one-half of the
cost savings associated with the unauthorized use of the work product of
the unsuccessful offeror. Any interested party may bring an action for an
injunction, declaratory relief, or damages for a violation of this
section. A party who prevails in an action under this subsection is
entitled to reasonable attorney's fees as approved by the court.
[(c) The]
governmental entity shall pay [may offer] an unsuccessful
design-build firm that submits a response to the governmental
entity's request for additional information under Section 2267.361 a
stipend for preliminary engineering costs associated with the development
of the proposal. The stipend must be an amount equal to at least one-quarter
[one-half] of one percent of the contract amount and [must]
be specified in the initial request for proposals. Following payment of
the stipend [If the offer is accepted and paid], the
governmental entity may make use of any work product contained in the
proposal, including the techniques, methods, processes, and information
contained in the proposal. The use by the governmental entity of any
design element contained in an unsuccessful proposal is at the sole risk
and discretion of the entity and does not confer liability on the recipient
of the stipend under this subsection.
(b) A violation of this
section voids the contract for the project entered into by the governmental
entity. [(d) Notwithstanding other law, including Chapter 552, work
product contained in an unsuccessful proposal submitted and rejected under
this subchapter is confidential and may not be released unless a stipend
offer has been accepted and paid as provided by Subsection (c).]
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SECTION 4. (a) This section
takes effect only if the Act of the 83rd Legislature, Regular Session,
2013, relating to nonsubstantive additions to and corrections in enacted
codes does not become law.
(b) Subchapter H, Chapter
2267, Government Code, as added by Chapter 1129 (H.B. 628), Acts of the
82nd Legislature, Regular Session, 2011, is amended by adding Section
2267.3615 to read as follows:
Sec. 2267.3615.
IDENTIFICATION OF PROJECT TEAM. (a) A
governmental entity may require a design-build firm responding to a
request for detailed proposals to identify
companies that will:
(1) fill key project
roles, including project management, lead design firm, quality control
management, and quality assurance management; and
(2) serve as key task
leaders for geotechnical, hydraulics and hydrology, structural,
environmental, utility, and right-of-way issues.
(b) If a design-build
firm required to identify companies under Subsection (a) is selected for a
design-build agreement, the firm may not make changes to the identified companies unless an identified company:
(1) is no longer in
business, is unable to fulfill its legal, financial, or business
obligations, or can no longer meet the terms of the teaming agreement with
the design-build firm;
(2) voluntarily removes
itself from the team;
(3) fails to provide a
sufficient number of qualified personnel to fulfill the duties identified
during the proposal stage; or
(4) fails to negotiate in
good faith in a timely manner in accordance with provisions established in
the teaming agreement proposed for the project.
(c) If the design-build
firm makes team changes in violation of Subsection (b), any cost savings
resulting from the change accrue to the governmental entity and not to the
design-build firm.
No
equivalent provision.
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SECTION 5. The change in law
made by this Act to Section 791.011, Government Code, applies only to a
contract made on or after the effective date of this Act.
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SECTION 7. The changes in
law made by this Act to Section 791.011, Government Code, and Section
49.273(i), Water Code, apply only to a contract made on or after the
effective date of this Act.
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SECTION 6. The changes in
law made by this Act to Section 2267.364, Government Code, as amended by
this Act, and Sections 2267.3615 and 2269.3615, Government Code, as added
by this Act, apply only to a contract or construction project for which a
governmental entity first advertises or otherwise requests bids, proposals,
offers, or qualifications, or makes a similar solicitation, on or after the
effective date of this Act.
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SECTION 8. The changes in
law made by this Act to Sections 2267.3615 and 2269.3615, Government Code,
as added by this Act, apply only to a contract or construction project for
which a governmental entity first advertises or otherwise requests bids,
proposals, offers, or qualifications, or makes a similar solicitation, on
or after the effective date of this Act.
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No
equivalent provision.
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SECTION 5. Section
252.048(c-1), Local Government Code, is amended to read as follows:
(c-1) If a change order for
a public works contract in a municipality with a population of 300,000
[500,000] or more involves a decrease or an increase of $100,000 or
less, or a lesser amount as provided by ordinance, the governing body of
the municipality may grant general authority to an administrative official
of the municipality to approve the change order.
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No
equivalent provision.
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SECTION 6. Section
49.273(i), Water Code, is amended to read as follows:
(i) If changes in plans or
specifications are necessary after the performance of the contract is
begun, or if it is necessary to decrease or increase the quantity of the
work to be performed or of the materials, equipment, or supplies to be
furnished, the board may approve change orders making the changes. The
board may grant authority to an official or employee responsible for
purchasing or for administering a contract to approve a change order that
involves an increase or decrease of $50,000 or less. The aggregate of the
change orders may not increase the original contract price by more than 25
[10] percent. Additional change orders may be issued only as a
result of unanticipated conditions encountered during construction, repair,
or renovation or changes in regulatory criteria or to facilitate project
coordination with other political entities.
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SECTION 7. Section
2267.353(d), Government Code, is repealed.
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SECTION 9. Same as introduced
version.
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SECTION 8. This Act takes
effect September 1, 2013.
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SECTION 10. Same as
introduced version.
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