Texas 2019 - 86th Regular

Texas House Bill HB4288 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R4671 YDB-F
2	2	By: Morrison H.B. No. 4288
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to use of a program manager for certain public works
8	8	projects.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 2269, Government Code, is amended by
11	11	adding Subchapter I-1 to read as follows:
12	12	SUBCHAPTER I-1. PROGRAM MANAGER METHOD
13	13	Sec. 2269.421. DEFINITIONS. In this subchapter:
14	14	(1) "Program manager" means a sole proprietorship,
15	15	partnership, corporation, or other legal entity that serves as the
16	16	primary agent for a governmental entity by providing construction
17	17	administration and management services for the construction,
18	18	rehabilitation, alteration, or repair of a facility or other public
19	19	works project.
20	20	(2) "Program manager method" means a delivery method
21	21	by which a governmental entity contracts with a program manager to
22	22	provide consultation or administrative services during the design
23	23	and construction phase of a facility or other public works project
24	24	and to manage multiple contracts with various construction prime
25	25	contractors.
26	26	Sec. 2269.422. PROGRAM MANAGER. A governmental entity may
27	27	retain a program manager for assistance in the construction,
28	28	rehabilitation, alteration, or repair of a facility or other public
29	29	works project only as provided by this subchapter.
30	30	Sec. 2269.423. CONTRACT PROVISIONS FOR PROGRAM MANAGER. A
31	31	contract between a governmental entity and a program manager may
32	32	require the program manager to:
33	33	(1) provide administrative personnel;
34	34	(2) provide equipment necessary to perform duties
35	35	under this subchapter;
36	36	(3) provide on-site management;
37	37	(4) assist in securing financing for the project;
38	38	(5) develop design standards;
39	39	(6) develop uniform standards for all aspects of
40	40	project delivery;
41	41	(7) establish reporting and control system
42	42	requirements;
43	43	(8) provide public relations and legislative
44	44	initiative support;
45	45	(9) communicate with other consultants, contractors,
46	46	and subcontractors;
47	47	(10) manage land acquisition and environmental
48	48	service providers;
49	49	(11) manage master-planning, programming, and design
50	50	service providers;
51	51	(12) develop communication and management strategies
52	52	for multiple, concurrent projects;
53	53	(13) establish and document compliance with quality
54	54	and performance standards and specifications;
55	55	(14) develop contract and procurement strategies;
56	56	(15) assist with reporting to governing boards; and
57	57	(16) provide other services specified in the contract.
58	58	Sec. 2269.424. LIMITS ON PROGRAM MANAGER. A program
59	59	manager may not:
60	60	(1) perform any aspect of the construction,
61	61	rehabilitation, alteration, or repair of a facility or other public
62	62	works project;
63	63	(2) be a party to a construction subcontract for the
64	64	construction, rehabilitation, alteration, or repair of a facility
65	65	or other public works project; or
66	66	(3) provide or be required to provide performance and
67	67	payment bonds for the construction, rehabilitation, alteration, or
68	68	repair of a facility or other public works project.
69	69	Sec. 2269.425. FIDUCIARY CAPACITY OF PROGRAM MANAGER. A
70	70	program manager represents the governmental entity in a fiduciary
71	71	capacity.
72	72	Sec. 2269.426. USE OF ENGINEER OR ARCHITECT. (a) On or
73	73	before the date a governmental entity selects a program manager,
74	74	the governmental entity must select or designate an engineer or
75	75	architect in accordance with Chapter 1001 or 1051, Occupations
76	76	Code, as applicable, to prepare the construction documents for the
77	77	project.
78	78	(b) The governmental entity's engineer or architect may not
79	79	serve, alone or in combination with another person, as the program
80	80	manager unless the engineer or architect is hired to serve as the
81	81	program manager under a separate or concurrent selection process
82	82	conducted in accordance with this subchapter. This subsection does
83	83	not prohibit the governmental entity's engineer or architect from
84	84	providing customary construction phase services under the
85	85	engineer's or architect's original professional service agreement
86	86	in accordance with applicable licensing laws.
87	87	(c) To the extent that the program manager's services are
88	88	defined as part of the practice of engineering or architecture
89	89	under Chapter 1001 or 1051, Occupations Code, as applicable, those
90	90	services shall be conducted by a person licensed under the
91	91	applicable chapter.
92	92	Sec. 2269.427. SELECTION OF CONTRACTORS. A governmental
93	93	entity using the program manager method shall procure, in
94	94	accordance with applicable law and in any manner authorized by this
95	95	chapter, a general contractor or trade contractors who will serve
96	96	as the prime contractors for their specific portions of the work and
97	97	provide performance and payment bonds to the governmental entity in
98	98	accordance with applicable laws.
99	99	Sec. 2269.428. SELECTION OF PROGRAM MANAGER. A
100	100	governmental entity shall select a program manager on the basis of
101	101	demonstrated competence and qualifications in the same manner that
102	102	an engineer or architect is selected under Section 2254.004.
103	103	Sec. 2269.429. INSURANCE. A program manager selected under
104	104	this subchapter shall maintain professional liability or errors and
105	105	omissions insurance in the amount of at least $1 million for each
106	106	occurrence.
107	107	SECTION 2. (a) The changes in law made by this Act apply
108	108	only to a contract or construction project for which a governmental
109	109	entity first advertises or otherwise requests bids, proposals,
110	110	offers, or qualifications, or makes a similar solicitation, on or
111	111	after the effective date of this Act.
112	112	(b) A contract or construction project for which a
113	113	governmental entity first advertises or otherwise requests bids,
114	114	proposals, offers, or qualifications, or makes a similar
115	115	solicitation, before the effective date of this Act is governed by
116	116	the law as it existed immediately before the effective date of this
117	117	Act, and that law is continued in effect for that purpose.
118	118	SECTION 3. This Act takes effect September 1, 2019.