By: Holland (Senate Sponsor - Nichols) H.B. No. 3437
(In the Senate - Received from the House May 1, 2023;
May 2, 2023, read first time and referred to Committee on Water,
Agriculture & Rural Affairs; May 9, 2023, reported favorably by the
following vote: Yeas 8, Nays 0; May 9, 2023, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the authority to approve change orders for certain
contracts for the construction, repair, and renovation of water
district facilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 49.273(i), Water Code, is amended to
read as follows:
(i) If changes in plans, specifications, or scope of work
are necessary or beneficial to the district, as determined by the
board, after the performance of the contract is begun, or if it is
necessary or beneficial to the district, as determined by the
board, to decrease or increase the quantity of the work to be
performed or of the materials, equipment, or supplies to be
furnished, the board may approve change orders making the changes.
The board may grant authority to an official or employee
responsible for purchasing or for administering a contract to
approve a change order that involves an increase or decrease of
$150,000 [$50,000] or less. The aggregate of the change orders that
increase the original contract price by more than 25 percent may be
issued only as a result of unanticipated conditions encountered
during construction, repair, or renovation or changes in regulatory
criteria or to facilitate project coordination with other political
entities. A change order is not subject to the requirements of
Subsection (d) or (e).
SECTION 2. The changes in law made by this Act apply only to
a change order approved on or after the effective date of this Act.
A change order approved before the effective date of this Act is
governed by the law in effect on the date the change order was
approved, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2023.
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