SECTION 3. Sections
2267.052(a), (b), (c), and (c-1), Government Code, are amended to read as
follows:
(a) Before requesting or
considering a proposal for a qualifying project, a responsible governmental
entity must, with the assistance of the center, adopt and make
publicly available guidelines that enable the governmental entity to comply
with this chapter. The guidelines must be reasonable, encourage
competition, and guide the selection of projects under the purview of the
responsible governmental entity.
(b) The guidelines for a
responsible governmental entity described by Section 2267.001(5)(A) must:
(1) require the responsible
governmental entity to:
(A) make a representative of
the entity available to meet with persons who are considering submitting a
proposal; and
(B) provide notice of the
representative's availability;
(2) provide reasonable
criteria for choosing among competing proposals;
(3) contain suggested
timelines for selecting proposals and negotiating an interim or
comprehensive agreement;
(4) allow the responsible
governmental entity to accelerate the selection, review, and documentation
timelines for proposals involving a qualifying project considered a
priority by the entity;
(5) include financial review
and analysis procedures that at a minimum consist of:
(A) a cost-benefit analysis;
(B) an assessment of
opportunity cost;
(C) consideration of the
degree to which functionality and services similar to the functionality and
services to be provided by the proposed project are already available in
the private market; and
(D) consideration of the
results of all studies and analyses related to the proposed qualifying
project;
(6) allow the responsible
governmental entity to consider the nonfinancial benefits of a proposed
qualifying project;
(7) ensure that the
governmental entity, for a proposed project to improve real property,
evaluates design quality, life-cycle costs, and the proposed project's
relationship to any relevant comprehensive planning or zoning requirements;
(8) include criteria for:
(A) the qualifying project,
including the scope, costs, and duration of the project and the involvement
or impact of the project on multiple public entities;
(B) the creation of and the
responsibilities of an oversight committee, with members representing the
responsible governmental entity, that acts as an advisory committee to review
the terms of any proposed interim or comprehensive agreement; and
(C) the center's
involvement in the procurement and delivery of the qualifying project [compliance
with the requirements of Chapter 2268];
(9) require the responsible
governmental entity to analyze the adequacy of the information to be
released by the entity when seeking competing proposals and require that
the entity provide more detailed information, if the entity determines
necessary, to encourage competition, subject to Section 2267.053(g);
(10) establish criteria, key
decision points, and approvals required to ensure that the responsible
governmental entity considers the extent of competition before selecting
proposals and negotiating an interim or comprehensive agreement; and
(11) require the posting and
publishing of public notice of a proposal requesting approval of a
qualifying project, including:
(A) specific information and
documentation regarding the nature, timing, and scope of the qualifying
project, as required under Section 2267.053(a);
(B) a reasonable period, as
determined by the responsible governmental entity, of not less than 45 days
or more than 180 days, or a longer period specified by the governing body
of the responsible governmental entity to accommodate a large-scale
project, to encourage competition and partnerships with private entities
and other persons in accordance with the goals of this chapter, during
which the responsible governmental entity must accept submission of
competing proposals for the qualifying project; and
(C) a requirement for
advertising the notice on the governmental entity's Internet website and on
TexasOnline or the state's official Internet website.
(c) The guidelines of a
responsible governmental entity described by Section 2267.001(5)(B) must
include:
(1) the provisions required
under Subsection (b); and
(2) a requirement that the
governmental entity engage the services of the center [qualified professionals, including an
architect, professional engineer, or certified public accountant, not
otherwise employed by the governmental entity,] to provide
independent analyses regarding the specifics, advantages, disadvantages,
and long-term and short-term costs of [any proposal requesting approval
of] a qualifying project unless the governing body of the governmental
entity determines that the analysis [of the proposal] is to be
performed by similarly qualified employees of the governmental entity.
(c-1) For a proposal with an
estimated cost of $5 million or more for [the] construction or
renovation under [of] a qualifying [structure or]
project, the analysis conducted under Subsection (c)(2) must include review
[of the proposal] by an architect, a professional engineer, and a
certified public accountant not otherwise employed by the governmental
entity.
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SECTION 3. Sections
2267.052(a), (b), (c), and (c-1), Government Code, are amended to read as
follows:
(a) Before requesting or
considering a proposal for a qualifying project, a responsible governmental
entity must, with the assistance of the center, adopt and make
publicly available guidelines that enable the governmental entity to comply
with this chapter. The guidelines must be reasonable, encourage
competition, and guide the selection of projects under the purview of the
responsible governmental entity.
(b) The guidelines for a
responsible governmental entity described by Section 2267.001(5)(A) must:
(1) require the responsible
governmental entity to:
(A) make a representative of
the entity available to meet with persons who are considering submitting a
proposal; and
(B) provide notice of the
representative's availability;
(2) provide reasonable
criteria for choosing among competing proposals;
(3) contain suggested
timelines for selecting proposals and negotiating an interim or comprehensive
agreement;
(4) allow the responsible
governmental entity to accelerate the selection, review, and documentation
timelines for proposals involving a qualifying project considered a
priority by the entity;
(5) include financial review
and analysis procedures that at a minimum consist of:
(A) a cost-benefit analysis;
(B) an assessment of
opportunity cost;
(C) consideration of the
degree to which functionality and services similar to the functionality and
services to be provided by the proposed project are already available in
the private market; and
(D) consideration of the
results of all studies and analyses related to the proposed qualifying
project;
(6) allow the responsible
governmental entity to consider the nonfinancial benefits of a proposed
qualifying project;
(7) ensure that the
governmental entity, for a proposed project to improve real property,
evaluates design quality, life-cycle costs, and the proposed project's
relationship to any relevant comprehensive planning or zoning requirements;
(8) include criteria for:
(A) the qualifying project,
including the scope, costs, and duration of the project and the involvement
or impact of the project on multiple public entities;
(B) the creation of and the
responsibilities of an oversight committee, with members representing the
responsible governmental entity, that acts as an advisory committee to
review the terms of any proposed interim or comprehensive agreement; and
(C) the center's
involvement in the procurement and delivery of the qualifying project [compliance
with the requirements of Chapter 2268];
(9) require the responsible
governmental entity to analyze the adequacy of the information to be
released by the entity when seeking competing proposals and require that
the entity provide more detailed information, if the entity determines
necessary, to encourage competition, subject to Section 2267.053(g);
(10) establish criteria, key
decision points, and approvals required to ensure that the responsible
governmental entity considers the extent of competition before selecting
proposals and negotiating an interim or comprehensive agreement; and
(11) require the posting and
publishing of public notice of a proposal requesting approval of a
qualifying project, including:
(A) specific information and
documentation regarding the nature, timing, and scope of the qualifying
project, as required under Section 2267.053(a);
(B) a reasonable period, as
determined by the responsible governmental entity, of not less than 45 days
or more than 180 days, or a longer period specified by the governing body
of the responsible governmental entity to accommodate a large-scale
project, to encourage competition and partnerships with private entities
and other persons in accordance with the goals of this chapter, during
which the responsible governmental entity must accept submission of
competing proposals for the qualifying project; and
(C) a requirement for
advertising the notice on the governmental entity's Internet website and on
TexasOnline or the state's official Internet website.
(c) The guidelines of a
responsible governmental entity described by Section 2267.001(5)(B) must
include:
(1) the provisions required
under Subsection (b); and
(2) a requirement that the
governmental entity engage the services of qualified
professionals, including an architect, professional engineer, or certified
public accountant, not otherwise employed by the governmental entity, or
the center to provide independent analyses regarding the specifics,
advantages, disadvantages, and long-term and short-term costs of [any
proposal requesting approval of] a qualifying project unless the
governing body of the governmental entity determines that the analysis [of
the proposal] is to be performed by similarly qualified employees of
the governmental entity.
(c-1) For a proposal with an
estimated cost of $5 million or more for [the] construction or
renovation under [of] a qualifying [structure or]
project, the analysis conducted under Subsection (c)(2) must include review
[of the proposal] by an architect, a professional engineer, and a
certified public accountant not otherwise employed by the governmental
entity.
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SECTION 6. Section
2267.065(b), Government Code, is amended to read as follows:
(b) A responsible
governmental entity may enter into a comprehensive agreement only in
accordance with guidelines that require the contracting person to design
and construct the qualifying project in accordance with procedures that do
not materially conflict with those specified in:
(1) Subchapter G, Chapter
2269, for facilities projects [Section 2166.2531]; or
(2) Subchapter H, Chapter
2269 [Section 44.036, Education Code;
[(3) Section 51.780,
Education Code;
[(4) Section 271.119,
Local Government Code; or
[(5) Subchapter J,
Chapter 271, Local Government Code], for civil works projects [as
defined by Section 271.181(2), Local Government Code].
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SECTION 6. Section
2267.065(b), Government Code, is amended to read as follows:
(b) A responsible
governmental entity may enter into a comprehensive agreement only in
accordance with guidelines that require the contracting person to design
and construct the qualifying project in accordance with procedures that do
not materially conflict with those specified in:
(1) Subchapter G, Chapter
2269, for facilities projects described by Section 2269.302 [2166.2531];
or
(2) Subchapter H, Chapter
2269 [Section 44.036, Education Code;
[(3) Section 51.780,
Education Code;
[(4) Section 271.119,
Local Government Code; or
[(5) Subchapter J,
Chapter 271, Local Government Code], for civil works projects as defined by Section 2269.351 [271.181(2),
Local Government Code].
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