By: Powell S.B. No. 1297
(Lucio III)
A BILL TO BE ENTITLED
AN ACT
relating to the adoption of uniform general conditions for building
construction contracts entered into by school districts and the
composition of the committee that reviews uniform general
conditions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 44, Education Code, is
amended by adding Section 44.035 to read as follows:
Sec. 44.035. ADOPTION OF UNIFORM GENERAL CONDITIONS FOR
SCHOOL DISTRICT BUILDING CONSTRUCTION CONTRACTS. After reviewing
the uniform general conditions adopted by the Texas Facilities
Commission under Section 2166.302, Government Code, a school
district may adopt uniform general conditions to be incorporated in
all district building construction contracts.
SECTION 2. Section 2166.305(b), Government Code, is amended
to read as follows:
(b) A committee appointed by the commission shall perform
the review. The committee consists of:
(1) the director of facilities construction and space
management appointed under Section 2152.104, who serves as the
presiding officer of the committee;
(2) six individuals appointed by the commission, one
each from the lists of nominees submitted respectively by the:
(A) president of the Texas Society of Architects;
(B) president of the Texas Society of
Professional Engineers;
(C) presiding officer of the Executive Council of
the Texas Associated General Contractors Chapters;
(D) executive secretary of the Mechanical
Contractors Associations of Texas, Incorporated;
(E) executive secretary of the Texas Building and
Construction Trades Council; and
(F) president of the Associated Builders and
Contractors of Texas;
(3) one individual appointed by the commission
representing an institution of higher education, as defined by
Section 61.003, Education Code;
(4) one individual appointed by the commission
representing a state agency that has a substantial ongoing
construction program;
(5) one individual appointed by the commission
representing the attorney general's office;
(6) one individual appointed by the commission
representing the interests of historically underutilized
businesses; [and]
(7) two individuals appointed by the commission, each
representing a different minority contractors association;
(8) one individual appointed by the commission
representing the Texas Association of School Boards; and
(9) one individual appointed by the commission
representing the Texas Association of School Administrators.
SECTION 3. Not later than December 1, 2019, the Texas
Facilities Commission shall appoint two additional members to the
committee in accordance with Section 2166.305(b), Government Code,
as amended by this Act.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.