| 1 | 1 | | 85R8362 PAM-D |
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| 2 | 2 | | By: Uresti H.B. No. 3486 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to requirements regarding commissioning agent fees |
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| 8 | 8 | | related to school district contracts for construction services. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 44, Education Code, is |
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| 11 | 11 | | amended by adding Section 44.0332 to read as follows: |
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| 12 | 12 | | Sec. 44.0332. COMMISSIONING AGENT FEES RELATED TO SCHOOL |
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| 13 | 13 | | DISTRICT CONTRACTS FOR CONSTRUCTION SERVICES. (a) In this |
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| 14 | 14 | | section: |
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| 15 | 15 | | (1) "Commissioning agent" means a person who, in |
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| 16 | 16 | | connection with a school district construction contract: |
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| 17 | 17 | | (A) is retained by the school district to verify |
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| 18 | 18 | | that a construction project and building systems conform to the |
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| 19 | 19 | | district's requirements and the architects' and engineers' design |
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| 20 | 20 | | specifications; and |
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| 21 | 21 | | (B) is responsible for leading and managing the |
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| 22 | 22 | | design or construction process and works closely with the design, |
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| 23 | 23 | | construction, or operational teams throughout the design, |
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| 24 | 24 | | construction, or post-construction phases of a construction |
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| 25 | 25 | | project. |
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| 26 | 26 | | (2) "Project cost" means a cost or expense incurred in |
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| 27 | 27 | | relation to a school district construction project. The term: |
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| 28 | 28 | | (A) includes: |
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| 29 | 29 | | (i) the cost of design, planning, and |
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| 30 | 30 | | engineering; |
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| 31 | 31 | | (ii) construction cost; and |
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| 32 | 32 | | (iii) the cost of machinery, equipment, and |
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| 33 | 33 | | other capital assets incidental and related to the operation, |
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| 34 | 34 | | maintenance, and administration of the project; and |
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| 35 | 35 | | (B) does not include a fee for leading and |
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| 36 | 36 | | managing the design or construction process of the project. |
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| 37 | 37 | | (b) A commissioning agent may not receive a fee of more than |
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| 38 | 38 | | 1.5 percent of the project cost under a contract for construction |
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| 39 | 39 | | services unless the commissioner: |
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| 40 | 40 | | (1) approves the fee; and |
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| 41 | 41 | | (2) monitors the services provided to the school |
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| 42 | 42 | | district by the commissioning agent. |
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| 43 | 43 | | (c) A commissioning agent that is subject to monitoring |
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| 44 | 44 | | under Subsection (b)(2) shall provide the commissioner with any |
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| 45 | 45 | | documentation the commissioner requests for purposes of monitoring |
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| 46 | 46 | | the commissioning agent's services. |
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| 47 | 47 | | SECTION 2. Section 44.0332, Education Code, as added by |
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| 48 | 48 | | this Act, applies only to a commissioning agent fee related to a |
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| 49 | 49 | | school district construction contract executed on or after the |
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| 50 | 50 | | effective date of this Act. A commissioning agent fee related to a |
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| 51 | 51 | | school district construction contract executed before the |
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| 52 | 52 | | effective date of this Act is governed by the law in effect when the |
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| 53 | 53 | | contract was executed, and the former law is continued in effect for |
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| 54 | 54 | | that purpose. |
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| 55 | 55 | | SECTION 3. This Act takes effect September 1, 2017. |
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