82R13803 T
By: Watson, Harris S.B. No. 1654
A BILL TO BE ENTITLED
AN ACT
relating to local government authority to develop public
infrastructure and facilities.
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. CONTRACTS OF CERTAIN LOCAL GOVERNMENTAL
ENTITIES. (a) In this section, "local governmental entity" and
"civil works project" have the meanings assigned by Section
271.181.
(b) In this section, "facility" means an improvement to real
property.
(c) 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 a facility or
civil works project.
(d) A local governmental entity entering into a contract
under this subchapter shall:
(1) select a private entity on the basis of the private
entity's qualifications and experience; and
(2) enter into a project development agreement with
the private entity.
(e) A private entity selected shall comply with Chapter
1001, Occupations Code, and all laws related to procuring
engineering services and construction bidding that are applicable
to the local governmental entity that selected the private entity.
SECTION 2. 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.