S.B. No. 338
 
 
 
 
AN ACT
  relating to the adoption of uniform general conditions for building
  construction contracts entered into by school districts and the
  composition of the committee that reviews uniform general
  conditions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 44, Education Code, is
  amended by adding Section 44.035 to read as follows:
         Sec. 44.035.  ADOPTION OF UNIFORM GENERAL CONDITIONS FOR
  SCHOOL DISTRICT BUILDING CONSTRUCTION CONTRACTS. After reviewing
  the uniform general conditions adopted by the Texas Facilities
  Commission under Section 2166.302, Government Code, a school
  district may adopt uniform general conditions to be incorporated in
  all district building construction contracts.
         SECTION 2.  Section 2166.305(b), Government Code, is amended
  to read as follows:
         (b)  A committee appointed by the commission shall perform
  the review.  The committee consists of:
               (1)  the director of facilities construction and space
  management appointed under Section 2152.104, who serves as the
  presiding officer of the committee;
               (2)  six individuals appointed by the commission, one
  each from the lists of nominees submitted respectively by the:
                     (A)  president of the Texas Society of Architects;
                     (B)  president of the Texas Society of
  Professional Engineers;
                     (C)  presiding officer of the Executive Council of
  the Texas Associated General Contractors Chapters;
                     (D)  executive secretary of the Mechanical
  Contractors Associations of Texas, Incorporated;
                     (E)  executive secretary of the Texas Building and
  Construction Trades Council; and
                     (F)  president of the Associated Builders and
  Contractors of Texas;
               (3)  one individual appointed by the commission
  representing an institution of higher education, as defined by
  Section 61.003, Education Code;
               (4)  one individual appointed by the commission
  representing a state agency that has a substantial ongoing
  construction program;
               (5)  one individual appointed by the commission
  representing the attorney general's office;
               (6)  one individual appointed by the commission
  representing the interests of historically underutilized
  businesses; [and]
               (7)  two individuals appointed by the commission, each
  representing a different minority contractors association;
               (8)  one individual appointed by the commission
  representing the Texas Association of School Boards; and
               (9)  one individual appointed by the commission
  representing the Texas Association of School Administrators.
         SECTION 3.  Not later than December 1, 2021, the Texas
  Facilities Commission shall appoint two additional members to the
  committee in accordance with Section 2166.305(b), Government Code,
  as amended by this Act.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 338 passed the Senate on
  April 7, 2021, by the following vote:  Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 338 passed the House on
  May 23, 2021, by the following vote:  Yeas 136, Nays 8, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor