Texas 2019 - 86th Regular

Texas House Bill HB4288

Caption

Relating to use of a program manager for certain public works projects.

Impact

The implications of HB 4288 are significant as they formalize the role of a program manager within the public works sector, potentially streamlining project oversight across various construction initiatives. By providing a clear structure for how program managers can operate, this bill aids in ensuring that construction projects do not encounter delays related to contract management and coordination with multiple contractors. Additionally, this approach aims to promote accountability and adherence to quality standards through the involvement of professional managers in public works projects.

Summary

House Bill 4288 proposes amendments to the Texas Government Code to establish a 'program manager method' for certain public works projects. This bill allows governmental entities to hire a program manager as the primary agent to oversee construction administration and management tasks throughout the design and construction phases. The program manager is defined as a legal entity responsible for managing multiple contracts with various contractors, ensuring that projects run efficiently and according to established guidelines.

Contention

While the bill has the potential to improve the efficiency of public construction projects, it may also raise concerns regarding the limits placed on program managers, specifically their inability to perform any construction activities themselves. Critics may argue that this separation could lead to challenges in accountability and the flow of information between the management and construction execution teams. However, proponents maintain that the fiduciary role prescribed to the program manager guarantees that they prioritize the interests of the governmental entity, thereby enhancing transparency and trust.

Notable_points

HB 4288 outlines numerous responsibilities for the program manager, including the development of design standards, management of financing, and coordination of communication among stakeholders. By establishing a robust framework for the selection and contractual obligations of program managers, the bill seeks to safeguard public investments in infrastructure and public facilities while ensuring compliance with state regulations before any contract solicitations are made.

Companion Bills

No companion bills found.

Previously Filed As

TX HB1787

Relating to the method used to select engineers and general contractors for certain state highway construction projects.

TX SB2504

Relating to the method used to select engineers and general contractors for certain state highway construction projects.

TX HB4741

Relating to the employment of apprentices on certain public works projects.

TX SB1828

Relating to the procurement by local governments of energy savings performance contracts for certain conservation measures; creating criminal offenses; authorizing a fee.

TX SB1984

Relating to public-private partnerships for public and private facilities and infrastructure.

TX HB3002

Relating to the authority of certain political subdivisions to issue certificates of obligation.

TX SB640

Relating to the state agencies responsible for providing facilities management services for certain state buildings allocated for legislative use.

TX HB1

Relating to primary and secondary education, including the certification, compensation, and health coverage of certain public school employees, the public school finance system, special education in public schools, the establishment of an education savings account program, measures to support the education of public school students that include certain educational grant programs, reading instruction, and early childhood education, the provision of virtual education, and public school accountability.

TX HB2761

Relating to the issuance of a standard permit for the emission of air contaminants from a facility providing material for a public work project.

TX SB1474

Relating to special education in public schools, including the special education allotment under the Foundation School Program, an education savings account program for certain children with disabilities, and a grant program to reimburse public schools for the cost of certain employer contributions for retirees of the Teacher Retirement System of Texas employed to teach or provide services related to special education.

Similar Bills

TX SB1110

Relating to contracts by governmental entities and related professional services and to public works performance and payment bonds.

TX HB2106

Relating to contracts by governmental entities and related professional services and to public works performance and payment bonds.

TX HB628

Relating to contracts by governmental entities and related professional services and to public works performance and payment bonds.

IA HF564

A bill for an act relating to contracts for the construction of public improvements.

TX HB1999

Relating to certain construction liability claims concerning public buildings and public works.

TX SB475

Relating to safety training for employees performing construction work under a contract with a governmental entity; providing administrative penalties.

MI SB1156

Labor: fair employment practices; fair and open competition in government contracts act; modify. Amends title & secs. 5, 7, 9 & 13 of 2011 PA 98 (MCL 408.875 et seq.); adds sec. 5a & repeals secs. 2 & 8 of 2011 PA 98 (MCL 408.872 & 408.878).

TX HB1606

Relating to the regulation of the practice of construction and program management for capital improvement projects of governmental entities.