| 1 | 1 | | H.B. No. 3437 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the authority to approve change orders for certain |
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| 6 | 6 | | contracts for the construction, repair, and renovation of water |
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| 7 | 7 | | district facilities. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 49.273(i), Water Code, is amended to |
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| 10 | 10 | | read as follows: |
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| 11 | 11 | | (i) If changes in plans, specifications, or scope of work |
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| 12 | 12 | | are necessary or beneficial to the district, as determined by the |
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| 13 | 13 | | board, after the performance of the contract is begun, or if it is |
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| 14 | 14 | | necessary or beneficial to the district, as determined by the |
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| 15 | 15 | | board, to decrease or increase the quantity of the work to be |
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| 16 | 16 | | performed or of the materials, equipment, or supplies to be |
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| 17 | 17 | | furnished, the board may approve change orders making the changes. |
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| 18 | 18 | | The board may grant authority to an official or employee |
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| 19 | 19 | | responsible for purchasing or for administering a contract to |
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| 20 | 20 | | approve a change order that involves an increase or decrease of |
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| 21 | 21 | | $150,000 [$50,000] or less. The aggregate of the change orders that |
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| 22 | 22 | | increase the original contract price by more than 25 percent may be |
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| 23 | 23 | | issued only as a result of unanticipated conditions encountered |
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| 24 | 24 | | during construction, repair, or renovation or changes in regulatory |
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| 25 | 25 | | criteria or to facilitate project coordination with other political |
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| 26 | 26 | | entities. A change order is not subject to the requirements of |
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| 27 | 27 | | Subsection (d) or (e). |
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| 28 | 28 | | SECTION 2. The changes in law made by this Act apply only to |
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| 29 | 29 | | a change order approved on or after the effective date of this Act. |
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| 30 | 30 | | A change order approved before the effective date of this Act is |
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| 31 | 31 | | governed by the law in effect on the date the change order was |
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| 32 | 32 | | approved, and the former law is continued in effect for that |
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| 33 | 33 | | purpose. |
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| 34 | 34 | | SECTION 3. This Act takes effect September 1, 2023. |
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| 35 | 35 | | ______________________________ ______________________________ |
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| 36 | 36 | | President of the Senate Speaker of the House |
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| 37 | 37 | | I certify that H.B. No. 3437 was passed by the House on April |
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| 38 | 38 | | 28, 2023, by the following vote: Yeas 134, Nays 10, 2 present, not |
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| 39 | 39 | | voting. |
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| 40 | 40 | | ______________________________ |
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| 41 | 41 | | Chief Clerk of the House |
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| 42 | 42 | | I certify that H.B. No. 3437 was passed by the Senate on May |
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| 43 | 43 | | 12, 2023, by the following vote: Yeas 30, Nays 0. |
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| 44 | 44 | | ______________________________ |
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| 45 | 45 | | Secretary of the Senate |
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| 46 | 46 | | APPROVED: _____________________ |
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| 47 | 47 | | Date |
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| 48 | 48 | | _____________________ |
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| 49 | 49 | | Governor |
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