This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

  86R4671 YDB-F
 
  By: Morrison H.B. No. 4288
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to use of a program manager for certain public works
  projects.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 2269, Government Code, is amended by
  adding Subchapter I-1 to read as follows:
  SUBCHAPTER I-1. PROGRAM MANAGER METHOD
         Sec. 2269.421.  DEFINITIONS. In this subchapter:
               (1)  "Program manager" means a sole proprietorship,
  partnership, corporation, or other legal entity that serves as the
  primary agent for a governmental entity by providing construction
  administration and management services for the construction,
  rehabilitation, alteration, or repair of a facility or other public
  works project.
               (2)  "Program manager method" means a delivery method
  by which a governmental entity contracts with a program manager to
  provide consultation or administrative services during the design
  and construction phase of a facility or other public works project
  and to manage multiple contracts with various construction prime
  contractors.
         Sec. 2269.422.  PROGRAM MANAGER.  A governmental entity may
  retain a program manager for assistance in the construction,
  rehabilitation, alteration, or repair of a facility or other public
  works project only as provided by this subchapter.
         Sec. 2269.423.  CONTRACT PROVISIONS FOR PROGRAM MANAGER. A
  contract between a governmental entity and a program manager may
  require the program manager to:
               (1)  provide administrative personnel;
               (2)  provide equipment necessary to perform duties
  under this subchapter;
               (3)  provide on-site management; 
               (4)  assist in securing financing for the project;
               (5)  develop design standards;
               (6)  develop uniform standards for all aspects of
  project delivery;
               (7)  establish reporting and control system
  requirements;
               (8)  provide public relations and legislative
  initiative support;
               (9)  communicate with other consultants, contractors,
  and subcontractors;
               (10)  manage land acquisition and environmental
  service providers;
               (11)  manage master-planning, programming, and design
  service providers;
               (12)  develop communication and management strategies
  for multiple, concurrent projects;
               (13)  establish and document compliance with quality
  and performance standards and specifications;
               (14)  develop contract and procurement strategies;
               (15)  assist with reporting to governing boards; and
               (16)  provide other services specified in the contract.
         Sec. 2269.424.  LIMITS ON PROGRAM MANAGER. A program
  manager may not:
               (1)  perform any aspect of the construction,
  rehabilitation, alteration, or repair of a facility or other public
  works project;
               (2)  be a party to a construction subcontract for the
  construction, rehabilitation, alteration, or repair of a facility
  or other public works project; or
               (3)  provide or be required to provide performance and
  payment bonds for the construction, rehabilitation, alteration, or
  repair of a facility or other public works project.
         Sec. 2269.425.  FIDUCIARY CAPACITY OF PROGRAM MANAGER. A
  program manager represents the governmental entity in a fiduciary
  capacity.
         Sec. 2269.426.  USE OF ENGINEER OR ARCHITECT. (a) On or
  before the date a governmental entity selects a program manager,
  the governmental entity must select or designate an engineer or
  architect in accordance with Chapter 1001 or 1051, Occupations
  Code, as applicable, to prepare the construction documents for the
  project.
         (b)  The governmental entity's engineer or architect may not
  serve, alone or in combination with another person, as the program
  manager unless the engineer or architect is hired to serve as the
  program manager under a separate or concurrent selection process
  conducted in accordance with this subchapter. This subsection does
  not prohibit the governmental entity's engineer or architect from
  providing customary construction phase services under the
  engineer's or architect's original professional service agreement
  in accordance with applicable licensing laws.
         (c)  To the extent that the program manager's services are
  defined as part of the practice of engineering or architecture
  under Chapter 1001 or 1051, Occupations Code, as applicable, those
  services shall be conducted by a person licensed under the
  applicable chapter.
         Sec. 2269.427.  SELECTION OF CONTRACTORS. A governmental
  entity using the program manager method shall procure, in
  accordance with applicable law and in any manner authorized by this
  chapter, a general contractor or trade contractors who will serve
  as the prime contractors for their specific portions of the work and
  provide performance and payment bonds to the governmental entity in
  accordance with applicable laws.
         Sec. 2269.428.  SELECTION OF PROGRAM MANAGER. A
  governmental entity shall select a program manager on the basis of
  demonstrated competence and qualifications in the same manner that
  an engineer or architect is selected under Section 2254.004.
         Sec. 2269.429.  INSURANCE. A program manager selected under
  this subchapter shall maintain professional liability or errors and
  omissions insurance in the amount of at least $1 million for each
  occurrence.
         SECTION 2.  (a) The changes in law made by this Act apply
  only to a contract or construction project for which a governmental
  entity first advertises or otherwise requests bids, proposals,
  offers, or qualifications, or makes a similar solicitation, on or
  after the effective date of this Act.
         (b)  A contract or construction project for which a
  governmental entity first advertises or otherwise requests bids,
  proposals, offers, or qualifications, or makes a similar
  solicitation, before the effective date of this Act is governed by
  the law as it existed immediately before the effective date of this
  Act, and that law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2019.