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A BILL TO BE ENTITLED
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AN ACT
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relating to construction manager-agents and managers-at-risk used |
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by governmental entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2267.252(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) The governmental entity's architect, [or] engineer, or |
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construction manager-agent for a project may not serve, alone or in |
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combination with another person, as the construction |
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manager-at-risk [unless the architect or engineer is hired to serve
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as the construction manager-at-risk under a separate or concurrent
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selection process conducted in accordance with this
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subchapter]. This subsection does not prohibit the governmental |
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entity's architect or engineer from providing customary |
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construction phase services under the architect's or engineer's |
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original professional service agreement in accordance with |
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applicable licensing laws. |
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SECTION 2. (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 F, Chapter 2269, Government Code, is amended |
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by adding Section 2269.2511 to read as follows: |
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Sec. 2269.2511. LIMITATION ON CONSTRUCTION MANAGER-AT-RISK |
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CONTRACTS. (a) A construction manager-at-risk contract may not be |
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awarded to: |
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(1) a governmental entity's engineer, architect, |
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construction manager-agent, or program director; or |
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(2) a sole proprietor, corporation, partnership, |
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limited liability company, or other entity that is a subsidiary, |
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parent corporation, or partner or has any other relationship in |
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which the governmental entity's engineer, architect, construction |
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manager-agent, or program director has an ownership interest, or is |
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subject to common ownership or control, or is party to an agreement |
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by which it will receive any proceeds of the construction |
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manager-at-risk's payments from the governmental entity. |
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(b) A contract awarded in violation of this section is void |
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as contrary to public policy. |
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(c) This section does not apply to: |
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(1) a public corporation in which three percent or |
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less of the outstanding stock is owned by a governmental entity's |
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architect or engineer; or |
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(2) a person who enters into a joint venture for a |
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project or contract unrelated to the current project for which a |
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construction manager-at-risk is being selected. |
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SECTION 3. (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 F, 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 2267.2511 to read as |
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|
follows: |
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|
Sec. 2267.2511. LIMITATION ON CONSTRUCTION MANAGER-AT-RISK |
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CONTRACTS. (a) A construction manager-at-risk contract may not be |
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awarded to: |
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|
(1) a governmental entity's engineer, architect, |
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|
construction manager-agent, or program director; or |
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|
(2) a sole proprietor, corporation, partnership, |
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limited liability company, or other entity that is a subsidiary, |
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|
parent corporation, or partner or has any other relationship in |
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|
which the governmental entity's engineer, architect, construction |
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manager-agent, or program director has an ownership interest, or is |
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subject to common ownership or control, or is party to an agreement |
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by which it will receive any proceeds of the construction |
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manager-at-risk's payments from the governmental entity. |
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(b) A contract awarded in violation of this section is void |
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as contrary to public policy. |
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(c) This section does not apply to: |
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(1) a public corporation in which three percent or |
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less of the outstanding stock is owned by a governmental entity's |
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architect or engineer; or |
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(2) a person who enters into a joint venture for a |
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project or contract unrelated to the current project for which a |
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construction manager-at-risk is being selected. |
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SECTION 4. The changes in law made by this Act apply only to |
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a contract for the services of a construction manager-at-risk |
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entered into on or after the effective date of this Act. A contract |
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entered into before the effective date of this Act is governed by |
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the law in effect when the contract was entered into, and the former |
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law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2013. |