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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements for procuring the services of a |
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commissioning agent related to a school district contract for |
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construction services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 44, Education Code, is |
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amended by adding Section 44.0333 to read as follows: |
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Sec. 44.0333. PROCUREMENT OF COMMISSIONING AGENT SERVICES |
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RELATED TO SCHOOL DISTRICT CONTRACTS FOR CONSTRUCTION SERVICES. |
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(a) In this section, "commissioning agent" means a person who, in |
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connection with a school district construction contract: |
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(1) is retained by the school district to verify that a |
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construction project and building systems conform to the district's |
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requirements and the architects' and engineers' design |
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specifications; and |
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(2) is responsible for leading and managing the design |
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or construction process and works closely with the design, |
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construction, or operational teams throughout the design, |
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construction, or post-construction phases of a construction |
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project. |
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(b) Notwithstanding any other law, including Section |
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2269.058, Government Code, and Subchapters E and F, Chapter 2269, |
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Government Code, a school district is subject to procurement |
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procedures that require the request for and submission of a bid when |
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selecting the services of a commissioning agent. |
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SECTION 2. Section 44.0333, Education Code, as added by |
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this Act, applies only to a contract for the services of a |
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commissioning agent for which a school district first advertises or |
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makes a solicitation on or after the effective date of this Act. A |
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contract for the services of a commissioning agent for which a |
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school district first advertises or makes a solicitation before the |
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effective date of this Act is governed by the law in effect when the |
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advertisement or solicitation is made, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |