82R14081 MXM-F
By: Kuempel, Howard of Fort Bend H.B. No. 3607
A BILL TO BE ENTITLED
AN ACT
relating to construction managers-at-risk used by local
governments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 271.118(c), Local Government Code, is
amended to read as follows:
(c) Before or concurrently with selecting a construction
manager-at-risk, the governmental entity shall select or designate
an engineer or architect who shall prepare the construction
documents for the project and who has full responsibility for
complying with Chapter 1001 or 1051, Occupations Code, as
applicable. If the engineer or architect is not a full-time
employee of the governmental entity, the governmental entity shall
select the engineer or architect on the basis of demonstrated
competence and qualifications as provided by Section 2254.004,
Government Code. The governmental entity's engineer, architect, or
construction manager-agent for a project may not serve, alone or in
combination with another, as the construction manager-at-risk
[unless the engineer or architect is hired to serve as the
construction manager-at-risk under a separate or concurrent
procurement conducted in accordance with this subchapter].
SECTION 2. Subchapter H, Chapter 271, Local Government
Code, is amended by adding Section 271.1181 to read as follows:
Sec. 271.1181. LIMITATION ON CONSTRUCTION MANAGER-AT-RISK
CONTRACTS. (a) A construction manager-at-risk contract may not be
awarded to:
(1) a governmental entity's engineer, architect,
construction manager-agent, or program director; or
(2) a sole proprietor, corporation, partnership,
limited liability company, or other entity that is a subsidiary,
parent corporation, or partner or has any other relationship in
which the governmental entity's engineer, architect, construction
manager-agent, or program director has an ownership interest, or is
subject to common ownership or control, or is party to an agreement
by which it will receive any proceeds of the construction
manager-at-risk's payments from the governmental entity.
(b) A contract awarded in violation of this section is void
as contrary to public policy.
(c) This section does not apply to:
(1) a public corporation in which three percent or
less of the outstanding stock is owned by a governmental entity's
architect or engineer; or
(2) a person who enters into a joint venture for a
project or contract unrelated to the current project for which a
construction manager-at-risk is being selected.
SECTION 3. This Act applies only to a contract for the
services of a construction manager-at-risk 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 4. This Act takes effect September 1, 2011.