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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. 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 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. |