82R8922 PAM-D
By: Wentworth S.B. No. 1101
A BILL TO BE ENTITLED
AN ACT
relating to the provision of certain professional services by
certain governmental entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subtitle E, Title 10, Government
Code, is amended to read as follows:
SUBTITLE E. GOVERNMENT RESOURCES [PROPERTY]
SECTION 2. Subtitle E, Title 10, Government Code, is
amended by adding Chapter 2202 to read as follows:
CHAPTER 2202. LIMITATION ON USE OF GOVERNMENT SERVICES
Sec. 2202.001. DEFINITION; APPLICABILITY. (a) In this
chapter, "governmental entity" means:
(1) a board, commission, department, office, or other
agency of this state, including an institution of higher education
as defined by Section 61.003, Education Code;
(2) a special district or authority with a governing
board appointed by the governor; or
(3) a regional planning commission under Chapter 391,
Local Government Code.
(b) This chapter applies only to commercially available
services, other than project management services, that consist of:
(1) the practice of engineering within the meaning of
Chapter 1001, Occupations Code;
(2) the practice of architecture within the meaning of
Chapter 1051, Occupations Code;
(3) construction services;
(4) construction management services; or
(5) environmental document preparation services.
Sec. 2202.002. LIMITATION ON PROVISION OF CERTAIN
PROFESSIONAL SERVICES BY GOVERNMENTAL ENTITY. (a) A governmental
entity may not provide, through its officers or employees, a
commercially available service for an improvement to real property
that is not owned or leased by the entity.
(b) This section does not apply to a public calamity or
emergency that requires the provision of services prohibited under
this section to preserve life, health, safety, welfare, or
property.
SECTION 3. The change in law made by Section 2202.002,
Government Code, as added by this Act, does not apply to services
provided on or after September 1, 2011, under a contract for
services entered into before that date.
SECTION 4. This Act takes effect September 1, 2011.