Texas 2025 - 89th Regular

Texas House Bill HB386

Filed
11/12/24  
Out of House Committee
5/7/25  
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to change order limits for certain construction contracts.

Impact

The legislative changes proposed in HB 386 are expected to impact local municipalities by defining more precise constraints on financial adjustments to construction contracts. By specifying a cap on change orders, the bill aims to prevent overly inflated bids and unauthorized spending increases. The new framework is intended to safeguard taxpayer funds by ensuring that changes in construction contracts remain within strict fiscal limits, thereby promoting budget discipline among local entities.

Summary

House Bill 386 aims to amend the Local Government Code concerning the limits on change orders for certain construction contracts. This bill specifically addresses contracts with original prices of $5 million or more, setting a limit on increases by no more than 25%. For contracts under $5 million, it establishes an aggregate increase cap of either 50% or $1 million. The modification seeks to provide clearer guidelines for local governing bodies when administering contracts, which could potentially streamline processes and enhance accountability in public construction projects.

Sentiment

Overall sentiment around the bill appears to be cautiously optimistic, with support emanating from those who prioritize fiscal responsibility and accountability in public projects. However, there are concerns voiced by some stakeholders about the implications for local governments, particularly regarding their flexibility in managing construction projects. While proponents appreciate the clarity brought by the legislation, critics fear that these limitations may hinder local authorities from adapting to unforeseen circumstances in construction execution.

Contention

Contentions surrounding HB 386 largely focus on the balance between fiscal control and local autonomy. Advocates argue that the bill can prevent potential abuses of budget discrepancies, while opponents assert that it may restrict local governments' ability to handle exceptional project needs effectively. The interconnectedness of fiscal regulations with practical implementation has sparked a nuanced debate, as stakeholders evaluate whether stricter monetary controls serve the greater public interest or infringe upon local governance capabilities.

Texas Constitutional Statutes Affected

Local Government Code

  • Chapter 271. Purchasing And Contracting Authority Of Municipalities, Counties, And Certain Other Local Governments
    • Section: 060
    • Section: 060
    • Section: 060
    • Section: 060

Companion Bills

No companion bills found.

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