86R4671 YDB-F
By: Morrison H.B. No. 4288
A BILL TO BE ENTITLED
AN ACT
relating to use of a program manager for certain public works
projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2269, Government Code, is amended by
adding Subchapter I-1 to read as follows:
SUBCHAPTER I-1. PROGRAM MANAGER METHOD
Sec. 2269.421. DEFINITIONS. In this subchapter:
(1) "Program manager" means a sole proprietorship,
partnership, corporation, or other legal entity that serves as the
primary agent for a governmental entity by providing construction
administration and management services for the construction,
rehabilitation, alteration, or repair of a facility or other public
works project.
(2) "Program manager method" means a delivery method
by which a governmental entity contracts with a program manager to
provide consultation or administrative services during the design
and construction phase of a facility or other public works project
and to manage multiple contracts with various construction prime
contractors.
Sec. 2269.422. PROGRAM MANAGER. A governmental entity may
retain a program manager for assistance in the construction,
rehabilitation, alteration, or repair of a facility or other public
works project only as provided by this subchapter.
Sec. 2269.423. CONTRACT PROVISIONS FOR PROGRAM MANAGER. A
contract between a governmental entity and a program manager may
require the program manager to:
(1) provide administrative personnel;
(2) provide equipment necessary to perform duties
under this subchapter;
(3) provide on-site management;
(4) assist in securing financing for the project;
(5) develop design standards;
(6) develop uniform standards for all aspects of
project delivery;
(7) establish reporting and control system
requirements;
(8) provide public relations and legislative
initiative support;
(9) communicate with other consultants, contractors,
and subcontractors;
(10) manage land acquisition and environmental
service providers;
(11) manage master-planning, programming, and design
service providers;
(12) develop communication and management strategies
for multiple, concurrent projects;
(13) establish and document compliance with quality
and performance standards and specifications;
(14) develop contract and procurement strategies;
(15) assist with reporting to governing boards; and
(16) provide other services specified in the contract.
Sec. 2269.424. LIMITS ON PROGRAM MANAGER. A program
manager may not:
(1) perform any aspect of the construction,
rehabilitation, alteration, or repair of a facility or other public
works project;
(2) be a party to a construction subcontract for the
construction, rehabilitation, alteration, or repair of a facility
or other public works project; or
(3) provide or be required to provide performance and
payment bonds for the construction, rehabilitation, alteration, or
repair of a facility or other public works project.
Sec. 2269.425. FIDUCIARY CAPACITY OF PROGRAM MANAGER. A
program manager represents the governmental entity in a fiduciary
capacity.
Sec. 2269.426. USE OF ENGINEER OR ARCHITECT. (a) On or
before the date a governmental entity selects a program manager,
the governmental entity must select or designate an engineer or
architect in accordance with Chapter 1001 or 1051, Occupations
Code, as applicable, to prepare the construction documents for the
project.
(b) The governmental entity's engineer or architect may not
serve, alone or in combination with another person, as the program
manager unless the engineer or architect is hired to serve as the
program manager under a separate or concurrent selection process
conducted in accordance with this subchapter. This subsection does
not prohibit the governmental entity's engineer or architect from
providing customary construction phase services under the
engineer's or architect's original professional service agreement
in accordance with applicable licensing laws.
(c) To the extent that the program manager's services are
defined as part of the practice of engineering or architecture
under Chapter 1001 or 1051, Occupations Code, as applicable, those
services shall be conducted by a person licensed under the
applicable chapter.
Sec. 2269.427. SELECTION OF CONTRACTORS. A governmental
entity using the program manager method shall procure, in
accordance with applicable law and in any manner authorized by this
chapter, a general contractor or trade contractors who will serve
as the prime contractors for their specific portions of the work and
provide performance and payment bonds to the governmental entity in
accordance with applicable laws.
Sec. 2269.428. SELECTION OF PROGRAM MANAGER. A
governmental entity shall select a program manager on the basis of
demonstrated competence and qualifications in the same manner that
an engineer or architect is selected under Section 2254.004.
Sec. 2269.429. INSURANCE. A program manager selected under
this subchapter shall maintain professional liability or errors and
omissions insurance in the amount of at least $1 million for each
occurrence.
SECTION 2. (a) The changes in law made by this Act apply
only to a contract or construction project for which a governmental
entity first advertises or otherwise requests bids, proposals,
offers, or qualifications, or makes a similar solicitation, on or
after the effective date of this Act.
(b) A contract or construction project for which a
governmental entity first advertises or otherwise requests bids,
proposals, offers, or qualifications, or makes a similar
solicitation, before the effective date of this Act is governed by
the law as it existed immediately before the effective date of this
Act, and that law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2019.