83R7619 TJB-F
By: Kuempel H.B. No. 1977
A BILL TO BE ENTITLED
AN ACT
relating to construction manager-agents and managers-at-risk used
by governmental entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2267.252(b), Government Code, as added
by Chapter 1129 (H.B. 628), Acts of the 82nd Legislature, Regular
Session, 2011, is amended to read as follows:
(b) The governmental entity's architect, [or] engineer, or
construction manager-agent for a project may not serve, alone or in
combination with another person, as the construction
manager-at-risk [unless the architect or engineer is hired to serve
as the construction manager-at-risk under a separate or concurrent
selection process conducted in accordance with this
subchapter]. This subsection does not prohibit the governmental
entity's architect or engineer from providing customary
construction phase services under the architect's or engineer's
original professional service agreement in accordance with
applicable licensing laws.
SECTION 2. (a) This section takes effect only if the Act of
the 83rd Legislature, Regular Session, 2013, relating to
nonsubstantive additions to and corrections in enacted codes
becomes law.
(b) Subchapter F, Chapter 2269, Government Code, is amended
by adding Section 2269.2511 to read as follows:
Sec. 2269.2511. 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. (a) This section takes effect only if the Act of
the 83rd Legislature, Regular Session, 2013, relating to
nonsubstantive additions to and corrections in enacted codes does
not become law.
(b) Subchapter F, Chapter 2267, Government Code, as added by
Chapter 1129 (H.B. 628), Acts of the 82nd Legislature, Regular
Session, 2011, is amended by adding Section 2267.2511 to read as
follows:
Sec. 2267.2511. 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 4. The changes in law made by this Act apply 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 5. This Act takes effect September 1, 2013.