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A BILL TO BE ENTITLED
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AN ACT
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relating to the applicability of certain public works contracting |
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requirements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 2267.354(a), (b), and (c), Government |
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Code, are amended to read as follows: |
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(a) Before September 1, 2013: |
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(1) a governmental entity with a population of 300,000 |
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[500,000] or more within the entity's geographic boundary or |
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service area may, under this subchapter, enter into contracts for |
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not more 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 300,000 [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 municipality |
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must approve the contracts. |
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(b) Before September 1, 2015, a governmental entity that has |
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a population of 100,000 or more but less than 300,000 [500,000] or |
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is a board of trustees governed by Chapter 54, Transportation Code, |
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may 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 the period described by Subsection (a) or (b): |
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(1) a governmental entity with a population of 300,000 |
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[500,000] or more within the entity's geographic boundary or |
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service area may, under this subchapter, enter into contracts for |
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not more than 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 300,000 [500,000] or more may: |
|
|
(A) independently enter into contracts for not |
|
|
more than two civil works projects in any fiscal year; and |
|
|
(B) enter into contracts for additional civil |
|
|
works projects in any fiscal year, but not more than the number of |
|
|
civil works projects prescribed by the limit in Subdivision (1) for |
|
|
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 300,000 [500,000] or is a board of |
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trustees governed by Chapter 54, Transportation Code, may enter |
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into contracts under this subchapter for not more than four |
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projects in any fiscal year. |
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SECTION 2. 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 3. 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, 2013. |