| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the applicability of project design and construction |
|
|
requirements to agencies or instrumentalities of, or agreements |
|
|
between, governmental entities subject to those requirements. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter Z, Chapter 271, Local Government |
|
|
Code, is amended by adding Section 271.909 to read as follows: |
|
|
Sec. 271.909. PROJECT DESIGN AND CONSTRUCTION REQUIREMENTS |
|
|
APPLICABLE TO CERTAIN AGENCIES, INSTRUMENTALITIES, AND AGREEMENTS. |
|
|
(a) In this section, "governmental entity" means a county, |
|
|
municipality, district, or other political subdivision of this |
|
|
state. |
|
|
(b) The same state laws related to the design and |
|
|
construction of projects, including the procurement of design and |
|
|
construction services, that apply to a governmental entity apply to |
|
|
an agency or instrumentality of the governmental entity, an |
|
|
economic development corporation created by the governmental |
|
|
entity under Subtitle C1, Title 12, or an alliance, agreement, |
|
|
partnership, or agency created between the governmental entity and |
|
|
one or more other governmental entities. |
|
|
(c) This section does not apply to: |
|
|
(1) an expenditure made for an improvement: |
|
|
(A) that is constructed in a reinvestment zone; |
|
|
and |
|
|
(B) the construction of which is managed by a |
|
|
private venture participant; |
|
|
(2) an expenditure made for an improvement connected |
|
|
with a project of which more than 50 percent of the cost is funded by |
|
|
a private entity; |
|
|
(3) an expenditure described by Section 311.010(g), |
|
|
Tax Code; |
|
|
(4) an expenditure described by Section 431.110, |
|
|
Transportation Code; |
|
|
(5) an expenditure made for an improvement funded from |
|
|
bond proceeds or a source other than taxes or assessments imposed by |
|
|
a governmental entity; |
|
|
(6) an expenditure made for an improvement under |
|
|
Chapter 2267, Government Code; |
|
|
(7) an interlocal contract under Subchapter B, Chapter |
|
|
791, Government Code; or |
|
|
(8) a local cooperative organization under Subchapter |
|
|
F. |
|
|
SECTION 2. The changes in law made by this Act affecting |
|
|
contract requirements apply only to a contract for which an entity |
|
|
first advertises or otherwise solicits bids, proposals, offers, or |
|
|
qualifications or makes a similar solicitation on or after the |
|
|
effective date of this Act. A contract for which an entity first |
|
|
advertises or otherwise solicits bids, proposals, offers, or |
|
|
qualifications or makes a similar solicitation before the effective |
|
|
date of this Act is governed by the law in effect on the date the |
|
|
advertisement or solicitation is made, and that law is continued in |
|
|
effect for that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2015. |