85R28361 YDB-F
By: Creighton, et al. S.B. No. 1289
(Paddie)
Substitute the following for S.B. No. 1289: No.
A BILL TO BE ENTITLED
AN ACT
relating to the purchase of iron and steel products made in the
United States for certain governmental entity projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2252, Government Code, is amended by
adding Subchapter F to read as follows:
SUBCHAPTER F. CERTAIN CONSTRUCTION AND INSTALLATION PROJECTS
Sec. 2252.201. DEFINITIONS. In this subchapter:
(1) "Governmental entity" means this state or a board,
commission, department, office, or other agency in the executive
branch of state government. The term does not include a political
subdivision.
(2) "Manufacturing process" means the application of a
process to alter the form or function of materials or elements of a
product in a manner that adds value and transforms the materials or
elements into a new finished product that is functionally different
from a finished product produced merely from assembling the
materials or elements into a product.
(3) "Political subdivision" includes a county,
municipality, municipal utility district, water control and
improvement district, special utility district, and other types of
water district.
(4) "Produced in the United States" means, with
respect to iron and steel products, a product for which all
manufacturing processes, from initial melting through application
of coatings, occur in the United States, other than metallurgical
processes to refine steel additives.
(5) "Project" means a contract between a governmental
entity and another person, including a political subdivision, to:
(A) construct, remodel, or alter a building, a
structure, or infrastructure;
(B) supply a material for a project described by
Paragraph (A); or
(C) finance, refinance, or provide money from
funds administered by a governmental entity for a project described
by Paragraph (A).
Sec. 2252.202. UNIFORM PURCHASING CONDITION; RULES.
(a) Except as provided by Section 2252.203, the uniform general
conditions for a project in which iron or steel products will be
used must require that the bid documents provided to all bidders and
the contract include a requirement that any iron or steel product
used in the project be produced in the United States.
(b) A governmental entity subject to the requirements for a
project described by Subsection (a) shall adopt rules to promote
compliance with this section.
Sec. 2252.203. EXEMPTIONS. (a) Section 2252.202 does not
apply to a project for which the governing body of the governmental
entity responsible for the project determines that:
(1) iron or steel products produced in the United
States are not:
(A) produced in sufficient quantities;
(B) reasonably available; or
(C) of a satisfactory quality;
(2) use of iron or steel products produced in the
United States will increase the total cost of the project by more
than 20 percent; or
(3) complying with that section is inconsistent with
the public interest.
(b) Electrical components, equipment, systems, and
appurtenances, including supports, covers, shielding, and other
appurtenances related to an electrical system, necessary for
operation or concealment are not considered to be iron or steel
products and are exempt from the requirements of Section 2252.202.
An electrical system includes all equipment, facilities, and assets
owned by an electric utility, as that term is defined in Section
31.002, Utilities Code.
(c) Section 2252.202 does not apply to a contract subject to
Section 223.045, Transportation Code, or 23 C.F.R. Section 635.410.
Sec. 2252.204. INTERNATIONAL AGREEMENTS. This subchapter
shall be applied in a manner consistent with this state's
obligations under any international agreement.
Sec. 2252.205. CONFLICT OF LAW. To the extent of any
conflict or inconsistency, this subchapter prevails over any other
state law relating to the use of iron and steel products in projects
directly funded by a governmental entity or financed by funds
administered by a governmental entity.
SECTION 2. Section 223.045, Transportation Code, is amended
to read as follows:
Sec. 223.045. IRON AND STEEL PREFERENCE PROVISIONS IN
IMPROVEMENT CONTRACTS. A contract awarded by the department for
the improvement of the state highway system without federal aid
must contain the same preference provisions for iron and steel and
iron and steel products that are required under federal law for an
improvement made with federal aid.
SECTION 3. Section 17.183(a), Water Code, is amended to
read as follows:
(a) The governing body of each political subdivision
receiving financial assistance from the board shall require in all
contracts for the construction of a project:
(1) that each bidder furnish a bid guarantee
equivalent to five percent of the bid price;
(2) that each contractor awarded a construction
contract furnish performance and payment bonds:
(A) the performance bond shall include without
limitation guarantees that work done under the contract will be
completed and performed according to approved plans and
specifications and in accordance with sound construction
principles and practices; and
(B) the performance and payment bonds shall be in
a penal sum of not less than 100 percent of the contract price and
remain in effect for one year beyond the date of approval by the
engineer of the political subdivision;
(3) that payment be made in partial payments as the
work progresses;
(4) that each partial payment shall not exceed 95
percent of the amount due at the time of the payment as shown by the
engineer of the project, but, if the project is substantially
complete, a partial release of the five percent retainage may be
made by the political subdivision with approval of the executive
administrator;
(5) that payment of the retainage remaining due upon
completion of the contract shall be made only after:
(A) approval by the engineer for the political
subdivision as required under the bond proceedings;
(B) approval by the governing body of the
political subdivision by a resolution or other formal action; and
(C) certification by the executive administrator
in accordance with the rules of the board that the work to be done
under the contract has been completed and performed in a
satisfactory manner and in accordance with approved plans and
specifications;
(6) that no valid approval may be granted unless the
work done under the contract has been completed and performed in a
satisfactory manner according to approved plans and
specifications;
(7) that, if a political subdivision receiving
financial assistance under Subchapter K of this chapter, labor from
inside the political subdivision be used to the extent possible;
and
(8) that the contract include a requirement that iron
and steel products [and manufactured goods] used in the project be
produced in the United States, unless:
(A) such products [or goods] are not:
(i) available in sufficient quantities;
(ii) readily available; or
(iii) of a satisfactory quality; or
(B) the use of such products [or goods] will
increase the total cost of the project by more than 20 percent.
SECTION 4. Section 17.183(c)(4), Water Code, is amended to
read as follows:
(4) "Produced in the United States" means[:
[(A)] in the case of iron and steel products,
products for which all manufacturing processes, from initial
melting through application of coatings, take place in the United
States, except metallurgical processes that involve the refinement
of steel additives[; and
[(B) in the case of a manufactured good, a good
for which:
[(i) all of the manufacturing process that
produced the manufactured good takes place in the United States;
and
[(ii) more than 60 percent of the
components of the manufactured good, by cost, originate in the
United States].
SECTION 5. Sections 17.183(c)(1) and (2) and (d), Water
Code, are repealed.
SECTION 6. (a) Subchapter F, Chapter 2252, Government
Code, as added by this Act, applies only to bid documents submitted
or contracts entered into on or after the effective date of this
Act.
(b) Subchapter F, Chapter 2252, Government Code, as added by
this Act, does not apply to a project as described by Section 15.432
or 15.472, Water Code, that the Texas Water Development Board has
formally approved for financial assistance before the effective
date of this Act. In this subsection, the term "formally approved"
includes any project that is the subject of a resolution approving
an application for financial assistance adopted by the Texas Water
Development Board before January 1, 2018, for any portion of the
financing of the project.
SECTION 7. This Act takes effect September 1, 2017.