By: Hinojosa S.B. No. 1430
(In the Senate - Filed March 7, 2013; March 18, 2013, read
first time and referred to Committee on Government Organization;
April 3, 2013, reported favorably by the following vote: Yeas 7,
Nays 0; April 3, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the applicability of certain public works contracting
requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsections (a), (b), and (c), Section 2267.354,
Government Code, are amended to read as follows:
(a) Before September 1, 2013:
(1) a governmental entity with a population of 300,000
[500,000] or more within the entity's geographic boundary or
service area may, under this subchapter, enter into contracts for
not more than three projects in any fiscal year; and
(2) a municipally owned water utility with a separate
governing board appointed by the governing body of a municipality
with a population of 300,000 [500,000] or more may:
(A) independently enter into a contract for not
more than one civil works project in any fiscal year; and
(B) enter into contracts for additional civil
works projects in any fiscal year, but not more than the number of
civil works projects prescribed by the limit in Subdivision (1) for
the municipality, provided that:
(i) the additional contracts for the civil
works projects entered into by the utility under this paragraph are
allocated to the number of contracts the municipality that appoints
the utility's governing board may enter under Subdivision (1); and
(ii) the governing body of the municipality
must approve the contracts.
(b) Before September 1, 2015, a governmental entity that has
a population of 100,000 or more but less than 300,000 [500,000] or
is a board of trustees governed by Chapter 54, Transportation Code,
may enter into contracts under this subchapter for not more than two
projects in any fiscal year.
(c) After the period described by Subsection (a) or (b):
(1) a governmental entity with a population of 300,000
[500,000] or more within the entity's geographic boundary or
service area may, under this subchapter, enter into contracts for
not more than six projects in any fiscal year;
(2) a municipally owned water utility with a separate
governing board appointed by the governing body of a municipality
with a population of 300,000 [500,000] or more may:
(A) independently enter into contracts for not
more than two civil works projects in any fiscal year; and
(B) enter into contracts for additional civil
works projects in any fiscal year, but not more than the number of
civil works projects prescribed by the limit in Subdivision (1) for
the municipality, provided that:
(i) the additional contracts for the civil
works projects entered into by the utility under this paragraph are
allocated to the number of contracts the municipality that appoints
the utility's governing board may enter under Subdivision (1); and
(ii) the governing body of the municipality
must approve the contracts; and
(3) a governmental entity that has a population of
100,000 or more but less than 300,000 [500,000] or is a board of
trustees governed by Chapter 54, Transportation Code, may enter
into contracts under this subchapter for not more than four
projects in any fiscal year.
SECTION 2. Subsection (c-1), Section 252.048, Local
Government Code, is amended to read as follows:
(c-1) If a change order for a public works contract in a
municipality with a population of 300,000 [500,000] or more
involves a decrease or an increase of $100,000 or less, or a lesser
amount as provided by ordinance, the governing body of the
municipality may grant general authority to an administrative
official of the municipality to approve the change order.
SECTION 3. 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, 2013.
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