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AN ACT
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relating to purchasing and other contracts by governmental |
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entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 791.011, Government Code, is amended by |
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adding Subsection (j) to read as follows: |
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(j) For the purposes of this subsection, the term |
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"purchasing cooperative" means a group purchasing organization |
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that governmental entities join as members and the managing entity |
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of which receives fees from members or vendors. A local government |
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may not enter into a contract to purchase construction-related |
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goods or services through a purchasing cooperative under this |
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chapter in an amount greater than $50,000 unless a person |
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designated by the local government certifies in writing that: |
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(1) the project for which the construction-related |
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goods or services are being procured does not require the |
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preparation of plans and specifications under Chapter 1001 or 1051, |
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Occupations Code; or |
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(2) the plans and specifications required under |
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Chapters 1001 and 1051, Occupations Code, have been prepared. |
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SECTION 2. Section 2252.002, Government Code, is amended to |
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read as follows: |
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Sec. 2252.002. AWARD OF CONTRACT TO NONRESIDENT BIDDER. A |
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governmental entity may not award a governmental contract to a |
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nonresident bidder unless the nonresident underbids the lowest bid |
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submitted by a responsible resident bidder by an amount that is not |
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less than the amount by which a resident bidder would be required to |
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underbid the nonresident bidder to obtain a comparable contract in: |
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(1) the state in which the nonresident's principal |
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place of business is located; or |
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(2) a state in which the nonresident is a resident |
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manufacturer. |
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SECTION 3. Section 2267.353(b), Government Code, as added |
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by Chapter 1129 (H.B. 628), Acts of the 82nd Legislature, Regular |
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Session, 2011, is amended to read as follows: |
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(b) A contract for a project under this subchapter may cover |
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only a single integrated project. A governmental entity may not |
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enter into a contract for aggregated projects at multiple |
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locations. For purposes of this subsection: |
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(1) if a metropolitan transit authority created under |
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Chapter 451, Transportation Code, enters into a contract for a |
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project involving a linear transit project with multiple stops |
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along the project route for boarding passengers, created under |
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Chapter 451, Transportation Code, the linear transit project [bus
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rapid transit system created under Chapter 451, Transportation
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Code, the bus rapid transit system] is a single integrated project; |
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and |
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(2) a water treatment plant, including a desalination |
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plant, that includes treatment facilities, well fields, and |
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pipelines is a single integrated project. |
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SECTION 4. Section 2267.354, Government Code, as added by |
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Chapter 1129 (H.B. 628), Acts of the 82nd Legislature, Regular |
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Session, 2011, is amended to read as follows: |
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Sec. 2267.354. LIMITATION ON NUMBER OF PROJECTS. (a) |
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[Before September 1, 2013:
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[(1)
a governmental entity with a population of
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500,000 or more within the entity's geographic boundary or service
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area may, under this subchapter, enter into contracts for not more
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than three projects in any fiscal year; and
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[(2)
a municipally owned water utility with a separate
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governing board appointed by the governing body of a municipality
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with a population of 500,000 or more may:
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[(A)
independently enter into a contract for not
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more than one civil works project in any fiscal year; and
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[(B)
enter into contracts for additional civil
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works projects in any fiscal year, but not more than the number of
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civil works projects prescribed by the limit in Subdivision (1) for
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the municipality, provided that:
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[(i)
the additional contracts for the civil
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works projects entered into by the utility under this paragraph are
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allocated to the number of contracts the municipality that appoints
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the utility's governing board may enter under Subdivision (1); and
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[(ii)
the governing body of the
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municipality must approve the contracts.
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[(b)
Before September 1, 2015, a governmental entity that
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has a population of 100,000 or more but less than 500,000 or is a
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board of trustees governed by Chapter 54, Transportation Code, may
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enter into contracts under this subchapter for not more than two
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projects in any fiscal year.
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[(c)] After August 31, 2013 [the period described by
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Subsection (a) or (b)]: |
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(1) a governmental entity with a population of 500,000 |
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or more within the entity's geographic boundary or service area |
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may, under this subchapter, enter into contracts for not more than |
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six projects in any fiscal year; |
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(2) a municipally owned water utility with a separate |
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governing board appointed by the governing body of a municipality |
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with a population of 500,000 or more may: |
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(A) independently enter into contracts for not |
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more than two civil works projects in any fiscal year; and |
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(B) enter into contracts for additional civil |
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works projects in any fiscal year, but not more than the number of |
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civil works projects prescribed by the limit in Subdivision (1) for |
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the municipality, provided that: |
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(i) the additional contracts for the civil |
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works projects entered into by the utility under this paragraph are |
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allocated to the number of contracts the municipality that appoints |
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the utility's governing board may enter under Subdivision (1); and |
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(ii) the governing body of the municipality |
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must approve the contracts; and |
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(3) a governmental entity that has a population of |
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100,000 or more but less than 500,000 or is a board of trustees |
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governed by Chapter 54, Transportation Code, may enter into |
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contracts under this subchapter for not more than four projects in |
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any fiscal year. |
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(b) [(d)] For purposes of determining the number of |
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eligible projects under this section, a municipally owned water |
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utility with a separate governing board appointed by the governing |
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body of the municipality is considered part of the municipality. |
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SECTION 5. (a) This section takes effect only if the Act of |
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the 83rd Legislature, Regular Session, 2013, relating to |
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nonsubstantive additions to and corrections in enacted codes |
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becomes law. |
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(b) Subchapter H, Chapter 2269, Government Code, is amended |
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by adding Section 2269.3615 to read as follows: |
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Sec. 2269.3615. IDENTIFICATION OF PROJECT TEAM. (a) A |
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governmental entity may require a design-build firm responding to a |
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request for detailed proposals to identify companies that will: |
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(1) fill key project roles, including project |
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management, lead design firm, quality control management, and |
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quality assurance management; and |
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(2) serve as key task leaders for geotechnical, |
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hydraulics and hydrology, structural, environmental, utility, and |
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right-of-way issues. |
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(b) If a design-build firm required to identify companies |
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under Subsection (a) is selected for a design-build agreement, the |
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firm may not make changes to the identified companies unless an |
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identified company: |
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(1) is no longer in business, is unable to fulfill its |
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legal, financial, or business obligations, or can no longer meet |
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the terms of the teaming agreement with the design-build firm; |
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(2) voluntarily removes itself from the team; |
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(3) fails to provide a sufficient number of qualified |
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personnel to fulfill the duties identified during the proposal |
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stage; or |
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(4) fails to negotiate in good faith in a timely manner |
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in accordance with provisions established in the teaming agreement |
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proposed for the project. |
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(c) If the design-build firm makes team changes in violation |
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of Subsection (b), any cost savings resulting from the change |
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accrue to the governmental entity and not to the design-build firm. |
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SECTION 6. (a) This section takes effect only if the Act of |
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the 83rd Legislature, Regular Session, 2013, relating to |
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nonsubstantive additions to and corrections in enacted codes does |
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not become law. |
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(b) Subchapter H, Chapter 2267, Government Code, as added by |
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Chapter 1129 (H.B. 628), Acts of the 82nd Legislature, Regular |
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Session, 2011, is amended by adding Section 2267.3615 to read as |
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follows: |
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Sec. 2267.3615. IDENTIFICATION OF PROJECT TEAM. (a) A |
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governmental entity may require a design-build firm responding to a |
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request for detailed proposals to identify companies that will: |
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(1) fill key project roles, including project |
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management, lead design firm, quality control management, and |
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quality assurance management; and |
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(2) serve as key task leaders for geotechnical, |
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hydraulics and hydrology, structural, environmental, utility, and |
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right-of-way issues. |
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(b) If a design-build firm required to identify companies |
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under Subsection (a) is selected for a design-build agreement, the |
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firm may not make changes to the identified companies unless an |
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identified company: |
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(1) is no longer in business, is unable to fulfill its |
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legal, financial, or business obligations, or can no longer meet |
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the terms of the teaming agreement with the design-build firm; |
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(2) voluntarily removes itself from the team; |
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(3) fails to provide a sufficient number of qualified |
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personnel to fulfill the duties identified during the proposal |
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stage; or |
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(4) fails to negotiate in good faith in a timely manner |
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in accordance with provisions established in the teaming agreement |
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proposed for the project. |
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(c) If the design-build firm makes team changes in violation |
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of Subsection (b), any cost savings resulting from the change |
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accrue to the governmental entity and not to the design-build firm. |
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SECTION 7. Section 252.048(c-1), Local Government Code, is |
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amended to read as follows: |
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(c-1) If a change order for a public works contract in a |
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municipality with a population of 300,000 [500,000] or more |
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involves a decrease or an increase of $100,000 or less, or a lesser |
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amount as provided by ordinance, the governing body of the |
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municipality may grant general authority to an administrative |
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official of the municipality to approve the change order. |
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SECTION 8. Section 49.273(i), Water Code, is amended to |
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read as follows: |
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(i) If changes in plans or specifications are necessary |
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after the performance of the contract is begun, or if it is |
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necessary to decrease or increase the quantity of the work to be |
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performed or of the materials, equipment, or supplies to be |
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furnished, the board may approve change orders making the changes. |
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The board may grant authority to an official or employee |
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responsible for purchasing or for administering a contract to |
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approve a change order that involves an increase or decrease of |
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$50,000 or less. The aggregate of the change orders may not |
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increase the original contract price by more than 25 [10] |
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percent. Additional change orders may be issued only as a result |
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of unanticipated conditions encountered during construction, |
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repair, or renovation or changes in regulatory criteria or to |
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facilitate project coordination with other political entities. |
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SECTION 9. The changes in law made by this Act to Sections |
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791.011 and 2252.002, Government Code, and Section 49.273(i), Water |
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Code, apply only to a contract made on or after the effective date |
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of this Act. |
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SECTION 10. The changes in law made by this Act to Sections |
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2267.3615 and 2269.3615, Government Code, as added by this Act, |
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apply only to a contract or construction project for which a |
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governmental entity first advertises or otherwise requests bids, |
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proposals, offers, or qualifications, or makes a similar |
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solicitation, on or after the effective date of this Act. |
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SECTION 11. Section 2267.353(d), Government Code, is |
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repealed. |
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SECTION 12. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1050 was passed by the House on May 7, |
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2013, by the following vote: Yeas 144, Nays 0, 2 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1050 on May 24, 2013, by the following vote: Yeas 139, Nays 1, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1050 was passed by the Senate, with |
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amendments, on May 22, 2013, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |