82R1629 PAM-D
By: Patrick S.B. No. 829
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 state agency; or
(2) a municipality, county, or special district or
authority.
(b) This chapter applies only to commercially available
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; or
(4) construction management 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.
Sec. 2202.003. COST ACCOUNTING REQUIRED FOR CERTAIN
GOVERNMENTAL ENTITIES. (a) This section does not apply to a
municipality, county, or special district or authority with a
population of 50,000 or less.
(b) A governmental entity that provides, through its
officers or employees, a commercially available service for an
improvement to real property owned or leased by the entity shall
provide and make available to the public an accounting of the cost
of performing that service.
(c) In performing the cost accounting required under this
section, the governmental entity must:
(1) calculate the cost using the same allocation
method required for private providers of the service provided; and
(2) conduct the analysis with the goal of identifying
the full cost to the entity, including all direct and indirect
costs, of supplying the service.
(d) The comptroller may prescribe uniform accounting
procedures that governmental entities may use in preparing cost
accounting calculations required under this section.
SECTION 3. (a) 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.
(b) The change in law made by Section 2202.003, Government
Code, as added by this Act, applies only to services provided under
a contract entered into on or after September 1, 2011, or, in the
absence of a contract, provided on or after that date.
SECTION 4. This Act takes effect September 1, 2011.