S.B. No. 1430
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. Section 2267.354, Government Code, as added by
Chapter 1129 (H.B. 628), Acts of the 82nd Legislature, Regular
Session, 2011, is amended to read as follows:
Sec. 2267.354. LIMITATION ON NUMBER OF PROJECTS. (a)
[Before September 1, 2013:
[(1) a governmental entity with a population of
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 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 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 August 31, 2013 [the period described by
Subsection (a) or (b)]:
(1) a governmental entity with a population of 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 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 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.
(b) [(d)] For purposes of determining the number of
eligible projects under this section, a municipally owned water
utility with a separate governing board appointed by the governing
body of the municipality is considered part of the municipality.
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1430 passed the Senate on
April 11, 2013, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 24, 2013, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1430 passed the House, with
amendment, on May 20, 2013, by the following vote: Yeas 146,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor