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AN ACT
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relating to the construction manager-at-risk used by a governmental |
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entity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2269.252, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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follows: |
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(b) The governmental entity's architect or engineer for a |
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project, or an entity related to the governmental entity's |
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architect or engineer, may not serve, alone or in combination with |
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another person, as the construction manager-at-risk [unless the
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architect or engineer is hired to serve as the construction
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manager-at-risk under a separate or concurrent selection process
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conducted in accordance with this subchapter]. This subsection |
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does not prohibit the governmental entity's architect or engineer |
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from providing customary construction phase services under the |
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architect's or engineer's original professional service agreement |
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in accordance with applicable licensing laws. |
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(c) For purposes of Subsection (b), an entity is related to |
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the governmental entity's architect or engineer if the entity is a |
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sole proprietorship, corporation, partnership, limited liability |
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company, or other entity that is a subsidiary, parent corporation, |
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or partner or has any other relationship in which the governmental |
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entity's architect or engineer 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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SECTION 2. This Act applies only to a contract for the |
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services of a construction manager-at-risk entered into on or after |
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the effective date of this Act. A contract entered into for the |
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services of a construction manager-at-risk before the effective |
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date of this Act is governed by the law in effect when the contract |
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was entered into, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2634 was passed by the House on May 5, |
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2015, by the following vote: Yeas 143, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2634 was passed by the Senate on May |
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26, 2015, by the following vote: Yeas 28, Nays 3. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |