| 4 | 6 | | AN ACT |
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| 5 | 7 | | relating to the adoption of uniform general conditions for building |
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| 6 | 8 | | construction contracts entered into by school districts and the |
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| 7 | 9 | | composition of the committee that reviews uniform general |
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| 8 | 10 | | conditions. |
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| 9 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 12 | | SECTION 1. Subchapter B, Chapter 44, Education Code, is |
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| 11 | 13 | | amended by adding Section 44.035 to read as follows: |
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| 12 | 14 | | Sec. 44.035. ADOPTION OF UNIFORM GENERAL CONDITIONS FOR |
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| 13 | 15 | | SCHOOL DISTRICT BUILDING CONSTRUCTION CONTRACTS. After reviewing |
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| 14 | 16 | | the uniform general conditions adopted by the Texas Facilities |
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| 15 | 17 | | Commission under Section 2166.302, Government Code, a school |
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| 16 | 18 | | district may adopt uniform general conditions to be incorporated in |
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| 17 | 19 | | all district building construction contracts. |
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| 18 | 20 | | SECTION 2. Section 2166.305(b), Government Code, is amended |
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| 19 | 21 | | to read as follows: |
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| 20 | 22 | | (b) A committee appointed by the commission shall perform |
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| 21 | 23 | | the review. The committee consists of: |
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| 22 | 24 | | (1) the director of facilities construction and space |
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| 23 | 25 | | management appointed under Section 2152.104, who serves as the |
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| 24 | 26 | | presiding officer of the committee; |
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| 25 | 27 | | (2) six individuals appointed by the commission, one |
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| 26 | 28 | | each from the lists of nominees submitted respectively by the: |
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| 27 | 29 | | (A) president of the Texas Society of Architects; |
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| 28 | 30 | | (B) president of the Texas Society of |
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| 29 | 31 | | Professional Engineers; |
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| 30 | 32 | | (C) presiding officer of the Executive Council of |
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| 31 | 33 | | the Texas Associated General Contractors Chapters; |
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| 32 | 34 | | (D) executive secretary of the Mechanical |
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| 33 | 35 | | Contractors Associations of Texas, Incorporated; |
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| 34 | 36 | | (E) executive secretary of the Texas Building and |
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| 35 | 37 | | Construction Trades Council; and |
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| 36 | 38 | | (F) president of the Associated Builders and |
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| 37 | 39 | | Contractors of Texas; |
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| 38 | 40 | | (3) one individual appointed by the commission |
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| 39 | 41 | | representing an institution of higher education, as defined by |
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| 40 | 42 | | Section 61.003, Education Code; |
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| 41 | 43 | | (4) one individual appointed by the commission |
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| 42 | 44 | | representing a state agency that has a substantial ongoing |
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| 43 | 45 | | construction program; |
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| 44 | 46 | | (5) one individual appointed by the commission |
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| 45 | 47 | | representing the attorney general's office; |
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| 46 | 48 | | (6) one individual appointed by the commission |
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| 47 | 49 | | representing the interests of historically underutilized |
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| 48 | 50 | | businesses; [and] |
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| 49 | 51 | | (7) two individuals appointed by the commission, each |
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| 50 | 52 | | representing a different minority contractors association; |
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| 51 | 53 | | (8) one individual appointed by the commission |
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| 52 | 54 | | representing the Texas Association of School Boards; and |
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| 53 | 55 | | (9) one individual appointed by the commission |
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| 54 | 56 | | representing the Texas Association of School Administrators. |
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| 55 | 57 | | SECTION 3. Not later than December 1, 2021, the Texas |
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| 56 | 58 | | Facilities Commission shall appoint two additional members to the |
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| 57 | 59 | | committee in accordance with Section 2166.305(b), Government Code, |
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| 58 | 60 | | as amended by this Act. |
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| 59 | 61 | | SECTION 4. This Act takes effect immediately if it receives |
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| 60 | 62 | | a vote of two-thirds of all the members elected to each house, as |
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| 61 | 63 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 62 | 64 | | Act does not receive the vote necessary for immediate effect, this |
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| 63 | 65 | | Act takes effect September 1, 2021. |
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| 64 | | - | ______________________________ ______________________________ |
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| 65 | | - | President of the Senate Speaker of the House |
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| 66 | | - | I hereby certify that S.B. No. 338 passed the Senate on |
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| 67 | | - | April 7, 2021, by the following vote: Yeas 30, Nays 0. |
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| 68 | | - | ______________________________ |
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| 69 | | - | Secretary of the Senate |
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| 70 | | - | I hereby certify that S.B. No. 338 passed the House on |
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| 71 | | - | May 23, 2021, by the following vote: Yeas 136, Nays 8, one |
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| 72 | | - | present not voting. |
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| 73 | | - | ______________________________ |
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| 74 | | - | Chief Clerk of the House |
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| 75 | | - | Approved: |
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| 76 | | - | ______________________________ |
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| 77 | | - | Date |
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| 78 | | - | ______________________________ |
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| 79 | | - | Governor |
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