By: Button (Senate Sponsor - Carona) H.B. No. 679
(In the Senate - Received from the House April 11, 2011;
April 14, 2011, read first time and referred to Committee on
Intergovernmental Relations; May 6, 2011, reported favorably by
the following vote: Yeas 5, Nays 0; May 6, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to change order approval requirements for certain
political subdivisions of the state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 252.048(c), Local Government Code, is
amended to read as follows:
(c) If a change order involves a decrease or an increase of
$50,000 [$25,000] or less, the governing body may grant general
authority to an administrative official of the municipality to
approve the change orders.
SECTION 2. Section 271.060, Local Government Code, is
amended by adding Subsection (c) to read as follows:
(c) A governing body may grant authority to an official or
employee responsible for purchasing or for administering a contract
to approve a change order that involves an increase or decrease of
$50,000 or less.
SECTION 3. Section 281.046, Local Government Code, is
amended by adding Subsection (f) to read as follows:
(f) The board may grant authority to an official or employee
responsible for purchasing or for administering a contract to
approve a change order that involves an increase or decrease of
$50,000 or less.
SECTION 4. Section 325.040, Local Government Code, is
amended to read as follows:
Sec. 325.040. CHANGE ORDERS. After a construction contract
is awarded, if the district determines that additional work is
needed or if the character or type of work, facilities, or
improvements should be changed, the board may authorize change
orders to the contract on terms the board approves. A change made
under this section may not increase or decrease the total cost of
the contract by more than 25 percent. The board may grant authority
to an official or employee responsible for purchasing or for
administering a contract to approve a change order that involves an
increase or decrease of $50,000 or less.
SECTION 5. Section 351.137(c), Local Government Code, is
amended to read as follows:
(c) After a construction contract is awarded, if the
district determines that additional work is needed or if the
character or type of work, facilities, or improvements should be
changed, the board may authorize change orders to the contract on
terms the board approves. The board may grant authority to an
official or employee responsible for purchasing or for
administering a contract to approve a change order that involves an
increase or decrease of $50,000 or less. A change made under this
subsection may not increase or decrease the total cost of the
contract by more than 25 percent.
SECTION 6. Section 49.273(i), Water Code, is amended to
read as follows:
(i) If changes in plans or specifications are necessary
after the performance of the contract is begun, or if it is
necessary to decrease or increase the quantity of the work to be
performed or of the materials, equipment, or supplies to be
furnished, the board may approve change orders making the changes.
The board may grant authority to an official or employee
responsible for purchasing or for administering a contract to
approve a change order that involves an increase or decrease of
$50,000 or less. The aggregate of the change orders may not
increase the original contract price by more than 10 percent.
Additional change orders may be issued only as a result of
unanticipated conditions encountered during construction, repair,
or renovation or changes in regulatory criteria or to facilitate
project coordination with other political entities.
SECTION 7. 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.
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