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A BILL TO BE ENTITLED
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AN ACT
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relating to the construction manager-at-risk method of contracting |
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for governmental construction projects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2269.255(a), Government Code, is amended |
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to read as follows: |
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(a) A construction manager-at-risk shall publicly advertise |
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for bids or proposals and receive bids or proposals from trade |
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contractors or subcontractors for the performance of all major |
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elements of the work other than the minor work that may be included |
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in the general conditions. Except as otherwise provided by this |
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subchapter, a construction manager-at-risk shall use the |
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competitive bidding method or competitive sealed proposal method to |
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consider a contract with a trade contractor or subcontractor in the |
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manner required by this chapter for a governmental entity to |
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consider a contract with a contractor. If a construction |
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manager-at-risk uses the competitive sealed proposal method to |
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consider a contract with a trade contractor or subcontractor: |
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(1) price must be one of the selection criteria; and |
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(2) the weighted value of price as a selection |
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criterion must be 40 percent or more of the total weighted value of |
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all of the selection criteria. |
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SECTION 2. Section 2269.256(a), Government Code, is amended |
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to read as follows: |
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(a) The construction manager-at-risk shall review all trade |
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contractor or subcontractor bids or proposals in a manner that does |
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not disclose the contents of the bid or proposal during the |
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selection process to a person not employed by the construction |
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manager-at-risk, architect, engineer, or governmental entity. All |
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bids or proposals shall be made available to the governmental |
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entity [on request] and to the public not later than the seventh day |
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after the later of the award of the contract or [the seventh day
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after] the date of final selection of bids or proposals. |
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SECTION 3. Sections 2269.255(a) and 2269.256(a), |
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Government Code, as amended by this Act, apply only in relation to a |
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contract for which a construction manager-at-risk first advertises |
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bids or proposals on or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2019. |