By: Kuempel, et al. (Senate Sponsor - Zaffirini) H.B. No. 2634
(In the Senate - Received from the House May 6, 2015;
May 15, 2015, read first time and referred to Committee on Business
and Commerce; May 22, 2015, reported favorably by the following
vote: Yeas 6, Nays 2; May 22, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the construction manager-at-risk used by a governmental
entity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2269.252, Government Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) The governmental entity's architect or engineer for a
project, or an entity related to the governmental entity's
architect or engineer, 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.
(c) For purposes of Subsection (b), an entity is related to
the governmental entity's architect or engineer if the entity is a
sole proprietorship, 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 architect or engineer 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.
SECTION 2. This Act applies 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 for the
services of a construction manager-at-risk 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 3. This Act takes effect September 1, 2015.
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