Texas 2023 - 88th Regular

Texas House Bill HB2854

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to change order limits for construction contracts.

Impact

The amendment alters Section 271.060 of the Local Government Code, a significant area governing construction contracts for local governments. With a higher cap for change orders, the bill is poised to facilitate smoother project management and execution, allowing for more leeway in addressing unforeseen circumstances that often arise in construction endeavors. This change aims to reduce the bureaucratic hurdles that local entities face when managing budgets within construction contracts and is expected to streamline operations for municipalities and other governing bodies.

Summary

House Bill 2854, introduced by Representative Gervin-Hawkins, focuses on amending existing regulations concerning change order limits for construction contracts in Texas. The primary objective of this legislation is to increase the financial thresholds and guidelines regarding change orders, especially for contracts with original prices below $5 million. The bill proposes that such contracts may not be increased in total by more than 50 percent or by an additional $1 million, providing more flexibility for local governments while ensuring fiscal responsibility and oversight in public construction projects.

Sentiment

The sentiment around HB 2854 appears to be largely positive among proponents who see it as a necessary step towards more efficient local governance and contract administration. Advocates argue that by raising the limits on change orders, the legislation helps local governments better manage projects without facing excessive logistical delays. However, some concerns may arise related to accountability and the possibility of cost overruns that could affect public funds, indicating that oversight mechanisms must be strengthened alongside these changes.

Contention

While the bill aims to enhance flexibility for local governments, it raises points of contention regarding how increased change order limits may impact public spending and contract management. Opponents may argue that the shifts in financial thresholds could lead to less oversight and potential misuse of funds, necessitating clear guidelines for accountability. Additionally, the bill applies only to contracts entered into after its effective date, implying that existing contracts will not be affected, which may provoke discussions on transitional arrangements for currently active projects.

Texas Constitutional Statutes Affected

Local Government Code

  • Chapter 271. Purchasing And Contracting Authority Of Municipalities, Counties, And Certain Other Local Governments
    • Section: 060

Companion Bills

No companion bills found.

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