| 1 | 1 | | 85R14415 PAM-D |
|---|
| 2 | 2 | | By: Uresti H.B. No. 3938 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to requirements for procuring the services of a |
|---|
| 8 | 8 | | commissioning agent related to a school district contract for |
|---|
| 9 | 9 | | construction services. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Subchapter B, Chapter 44, Education Code, is |
|---|
| 12 | 12 | | amended by adding Section 44.0333 to read as follows: |
|---|
| 13 | 13 | | Sec. 44.0333. PROCUREMENT OF COMMISSIONING AGENT SERVICES |
|---|
| 14 | 14 | | RELATED TO SCHOOL DISTRICT CONTRACTS FOR CONSTRUCTION SERVICES. |
|---|
| 15 | 15 | | (a) In this section, "commissioning agent" means a person who, in |
|---|
| 16 | 16 | | connection with a school district construction contract: |
|---|
| 17 | 17 | | (1) is retained by the school district to verify that a |
|---|
| 18 | 18 | | construction project and building systems conform to the district's |
|---|
| 19 | 19 | | requirements and the architects' and engineers' design |
|---|
| 20 | 20 | | specifications; and |
|---|
| 21 | 21 | | (2) is responsible for leading and managing the design |
|---|
| 22 | 22 | | or construction process and works closely with the design, |
|---|
| 23 | 23 | | construction, or operational teams throughout the design, |
|---|
| 24 | 24 | | construction, or post-construction phases of a construction |
|---|
| 25 | 25 | | project. |
|---|
| 26 | 26 | | (b) Notwithstanding any other law, including Section |
|---|
| 27 | 27 | | 2269.058, Government Code, and Subchapters E and F, Chapter 2269, |
|---|
| 28 | 28 | | Government Code, a school district is subject to procurement |
|---|
| 29 | 29 | | procedures that require the request for and submission of a bid when |
|---|
| 30 | 30 | | selecting the services of a commissioning agent. |
|---|
| 31 | 31 | | SECTION 2. Section 44.0333, Education Code, as added by |
|---|
| 32 | 32 | | this Act, applies only to a contract for the services of a |
|---|
| 33 | 33 | | commissioning agent for which a school district first advertises or |
|---|
| 34 | 34 | | makes a solicitation on or after the effective date of this Act. A |
|---|
| 35 | 35 | | contract for the services of a commissioning agent for which a |
|---|
| 36 | 36 | | school district first advertises or makes a solicitation before the |
|---|
| 37 | 37 | | effective date of this Act is governed by the law in effect when the |
|---|
| 38 | 38 | | advertisement or solicitation is made, and the former law is |
|---|
| 39 | 39 | | continued in effect for that purpose. |
|---|
| 40 | 40 | | SECTION 3. This Act takes effect September 1, 2017. |
|---|