Bill Text: TX SB829 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the provision of certain professional services by certain governmental entities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-08 - Referred to State Affairs [SB829 Detail]
Download: Texas-2011-SB829-Introduced.html
82R1629 PAM-D | ||
By: Patrick | S.B. No. 829 |
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relating to the provision of certain professional services by | ||
certain governmental entities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Subtitle E, Title 10, Government | ||
Code, is amended to read as follows: | ||
SUBTITLE E. GOVERNMENT RESOURCES [ |
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SECTION 2. Subtitle E, Title 10, Government Code, is | ||
amended by adding Chapter 2202 to read as follows: | ||
CHAPTER 2202. LIMITATION ON USE OF GOVERNMENT SERVICES | ||
Sec. 2202.001. DEFINITION; APPLICABILITY. (a) In this | ||
chapter, "governmental entity" means: | ||
(1) a state agency; or | ||
(2) a municipality, county, or special district or | ||
authority. | ||
(b) This chapter applies only to commercially available | ||
services that consist of: | ||
(1) the practice of engineering within the meaning of | ||
Chapter 1001, Occupations Code; | ||
(2) the practice of architecture within the meaning of | ||
Chapter 1051, Occupations Code; | ||
(3) construction services; or | ||
(4) construction management services. | ||
Sec. 2202.002. LIMITATION ON PROVISION OF CERTAIN | ||
PROFESSIONAL SERVICES BY GOVERNMENTAL ENTITY. (a) A governmental | ||
entity may not provide, through its officers or employees, a | ||
commercially available service for an improvement to real property | ||
that is not owned or leased by the entity. | ||
(b) This section does not apply to a public calamity or | ||
emergency that requires the provision of services prohibited under | ||
this section to preserve life, health, safety, welfare, or | ||
property. | ||
Sec. 2202.003. COST ACCOUNTING REQUIRED FOR CERTAIN | ||
GOVERNMENTAL ENTITIES. (a) This section does not apply to a | ||
municipality, county, or special district or authority with a | ||
population of 50,000 or less. | ||
(b) A governmental entity that provides, through its | ||
officers or employees, a commercially available service for an | ||
improvement to real property owned or leased by the entity shall | ||
provide and make available to the public an accounting of the cost | ||
of performing that service. | ||
(c) In performing the cost accounting required under this | ||
section, the governmental entity must: | ||
(1) calculate the cost using the same allocation | ||
method required for private providers of the service provided; and | ||
(2) conduct the analysis with the goal of identifying | ||
the full cost to the entity, including all direct and indirect | ||
costs, of supplying the service. | ||
(d) The comptroller may prescribe uniform accounting | ||
procedures that governmental entities may use in preparing cost | ||
accounting calculations required under this section. | ||
SECTION 3. (a) The change in law made by Section 2202.002, | ||
Government Code, as added by this Act, does not apply to services | ||
provided on or after September 1, 2011, under a contract for | ||
services entered into before that date. | ||
(b) The change in law made by Section 2202.003, Government | ||
Code, as added by this Act, applies only to services provided under | ||
a contract entered into on or after September 1, 2011, or, in the | ||
absence of a contract, provided on or after that date. | ||
SECTION 4. This Act takes effect September 1, 2011. |