85R8362 PAM-D
By: Uresti H.B. No. 3486
A BILL TO BE ENTITLED
AN ACT
relating to requirements regarding commissioning agent fees
related to school district contracts for construction services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 44, Education Code, is
amended by adding Section 44.0332 to read as follows:
Sec. 44.0332. COMMISSIONING AGENT FEES RELATED TO SCHOOL
DISTRICT CONTRACTS FOR CONSTRUCTION SERVICES. (a) In this
section:
(1) "Commissioning agent" means a person who, in
connection with a school district construction contract:
(A) is retained by the school district to verify
that a construction project and building systems conform to the
district's requirements and the architects' and engineers' design
specifications; and
(B) is responsible for leading and managing the
design or construction process and works closely with the design,
construction, or operational teams throughout the design,
construction, or post-construction phases of a construction
project.
(2) "Project cost" means a cost or expense incurred in
relation to a school district construction project. The term:
(A) includes:
(i) the cost of design, planning, and
engineering;
(ii) construction cost; and
(iii) the cost of machinery, equipment, and
other capital assets incidental and related to the operation,
maintenance, and administration of the project; and
(B) does not include a fee for leading and
managing the design or construction process of the project.
(b) A commissioning agent may not receive a fee of more than
1.5 percent of the project cost under a contract for construction
services unless the commissioner:
(1) approves the fee; and
(2) monitors the services provided to the school
district by the commissioning agent.
(c) A commissioning agent that is subject to monitoring
under Subsection (b)(2) shall provide the commissioner with any
documentation the commissioner requests for purposes of monitoring
the commissioning agent's services.
SECTION 2. Section 44.0332, Education Code, as added by
this Act, applies only to a commissioning agent fee related to a
school district construction contract executed on or after the
effective date of this Act. A commissioning agent fee related to a
school district construction contract executed before the
effective date of this Act is governed by the law in effect when the
contract was executed, and the former law is continued in effect for
that purpose.
SECTION 3. This Act takes effect September 1, 2017.