Bill Text: TX HB3938 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to requirements for procuring the services of a commissioning agent related to a school district contract for construction services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-04-03 - Referred to Public Education [HB3938 Detail]
Download: Texas-2017-HB3938-Introduced.html
85R14415 PAM-D | ||
By: Uresti | H.B. No. 3938 |
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relating to requirements for procuring the services of a | ||
commissioning agent related to a school district contract for | ||
construction services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 44, Education Code, is | ||
amended by adding Section 44.0333 to read as follows: | ||
Sec. 44.0333. PROCUREMENT OF COMMISSIONING AGENT SERVICES | ||
RELATED TO SCHOOL DISTRICT CONTRACTS FOR CONSTRUCTION SERVICES. | ||
(a) In this section, "commissioning agent" means a person who, in | ||
connection with a school district construction contract: | ||
(1) is retained by the school district to verify that a | ||
construction project and building systems conform to the district's | ||
requirements and the architects' and engineers' design | ||
specifications; and | ||
(2) is responsible for leading and managing the design | ||
or construction process and works closely with the design, | ||
construction, or operational teams throughout the design, | ||
construction, or post-construction phases of a construction | ||
project. | ||
(b) Notwithstanding any other law, including Section | ||
2269.058, Government Code, and Subchapters E and F, Chapter 2269, | ||
Government Code, a school district is subject to procurement | ||
procedures that require the request for and submission of a bid when | ||
selecting the services of a commissioning agent. | ||
SECTION 2. Section 44.0333, Education Code, as added by | ||
this Act, applies only to a contract for the services of a | ||
commissioning agent for which a school district first advertises or | ||
makes a solicitation on or after the effective date of this Act. A | ||
contract for the services of a commissioning agent for which a | ||
school district first advertises or makes a solicitation before the | ||
effective date of this Act is governed by the law in effect when the | ||
advertisement or solicitation is made, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2017. |