Bill Text: TX SB808 | 2019-2020 | 86th Legislature | Comm Sub


Bill Title: Relating to the construction manager-at-risk method of contracting for governmental construction projects.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2019-05-19 - Committee report sent to Calendars [SB808 Detail]

Download: Texas-2019-SB808-Comm_Sub.html
 
 
  By: Nichols S.B. No. 808
 
  (Clardy)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the construction manager-at-risk method of contracting
  for governmental construction projects.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2269.255(a), Government Code, is amended
  to read as follows:
         (a)  A construction manager-at-risk shall publicly advertise
  for bids or proposals and receive bids or proposals from trade
  contractors or subcontractors for the performance of all major
  elements of the work other than the minor work that may be included
  in the general conditions.  Except as otherwise provided by this
  subchapter, a construction manager-at-risk shall use the
  competitive bidding method or competitive sealed proposal method to
  consider a contract with a trade contractor or subcontractor in the
  manner required by this chapter for a governmental entity to
  consider a contract with a contractor.  If a construction
  manager-at-risk uses the competitive sealed proposal method to
  consider a contract with a trade contractor or subcontractor:
               (1)  price must be one of the selection criteria; and
               (2)  the weighted value of price as a selection
  criterion must be 40 percent or more of the total weighted value of
  all of the selection criteria.
         SECTION 2.  Section 2269.256(a), Government Code, is amended
  to read as follows:
         (a)  The construction manager-at-risk shall review all trade
  contractor or subcontractor bids or proposals in a manner that does
  not disclose the contents of the bid or proposal during the
  selection process to a person not employed by the construction
  manager-at-risk, architect, engineer, or governmental entity.  All
  bids or proposals shall be made available to the governmental
  entity [on request] and to the public not later than the seventh day
  after the later of the award of the contract or [the seventh day
  after] the date of final selection of bids or proposals.
         SECTION 3.  Sections 2269.255(a) and 2269.256(a),
  Government Code, as amended by this Act, apply only in relation to a
  contract for which a construction manager-at-risk first advertises
  bids or proposals on or after the effective date of this Act.
         SECTION 4.  This Act takes effect September 1, 2019.
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