82R17142 MXM-F
By: Callegari H.B. No. 2729
Substitute the following for H.B. No. 2729:
By: King of Parker C.S.H.B. No. 2729
A BILL TO BE ENTITLED
AN ACT
relating to local government contracts with private entities for
civil works projects and improvements to real property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 271, Local Government
Code, is amended by adding Section 271.908 to read as follows:
Sec. 271.908. LOCAL GOVERNMENT CONTRACTS WITH PRIVATE
ENTITIES FOR CIVIL WORKS PROJECTS AND IMPROVEMENTS TO REAL
PROPERTY. (a) In this section, "civil works project" and "local
governmental entity" have the meanings assigned by Section 271.181.
(b) A local governmental entity may contract with a private
entity to act as the local governmental entity's agent in the
design, development, financing, maintenance, operation, or
construction, including oversight and inspection, of:
(1) a civil works project; or
(2) an improvement to real property.
(c) A local governmental entity contracting under this
section shall:
(1) select the private entity based on the private
entity's qualifications and experience; and
(2) enter into a project development agreement with
the private entity.
(d) The selected private entity shall comply with:
(1) Chapters 1001 and 1051, Occupations Code;
(2) all laws relating to procurement of professional
services under Chapter 2254, Government Code; and
(3) all laws relating to procurement under this
chapter that apply to the local governmental entity that selected
the private entity.
SECTION 2. This Act applies only to a contract entered into
on or after the effective date of this Act. A contract entered into
before the effective date of this Act is governed by the law in
effect when the contract was entered into, and the former law is
continued in effect for that purpose.
SECTION 3. 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, 2011.