Bill Text: TX HB4288 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to use of a program manager for certain public works projects.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-17 - Left pending in committee [HB4288 Detail]
Download: Texas-2019-HB4288-Introduced.html
86R4671 YDB-F | ||
By: Morrison | H.B. No. 4288 |
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relating to use of a program manager for certain public works | ||
projects. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 2269, Government Code, is amended by | ||
adding Subchapter I-1 to read as follows: | ||
SUBCHAPTER I-1. PROGRAM MANAGER METHOD | ||
Sec. 2269.421. DEFINITIONS. In this subchapter: | ||
(1) "Program manager" means a sole proprietorship, | ||
partnership, corporation, or other legal entity that serves as the | ||
primary agent for a governmental entity by providing construction | ||
administration and management services for the construction, | ||
rehabilitation, alteration, or repair of a facility or other public | ||
works project. | ||
(2) "Program manager method" means a delivery method | ||
by which a governmental entity contracts with a program manager to | ||
provide consultation or administrative services during the design | ||
and construction phase of a facility or other public works project | ||
and to manage multiple contracts with various construction prime | ||
contractors. | ||
Sec. 2269.422. PROGRAM MANAGER. A governmental entity may | ||
retain a program manager for assistance in the construction, | ||
rehabilitation, alteration, or repair of a facility or other public | ||
works project only as provided by this subchapter. | ||
Sec. 2269.423. CONTRACT PROVISIONS FOR PROGRAM MANAGER. A | ||
contract between a governmental entity and a program manager may | ||
require the program manager to: | ||
(1) provide administrative personnel; | ||
(2) provide equipment necessary to perform duties | ||
under this subchapter; | ||
(3) provide on-site management; | ||
(4) assist in securing financing for the project; | ||
(5) develop design standards; | ||
(6) develop uniform standards for all aspects of | ||
project delivery; | ||
(7) establish reporting and control system | ||
requirements; | ||
(8) provide public relations and legislative | ||
initiative support; | ||
(9) communicate with other consultants, contractors, | ||
and subcontractors; | ||
(10) manage land acquisition and environmental | ||
service providers; | ||
(11) manage master-planning, programming, and design | ||
service providers; | ||
(12) develop communication and management strategies | ||
for multiple, concurrent projects; | ||
(13) establish and document compliance with quality | ||
and performance standards and specifications; | ||
(14) develop contract and procurement strategies; | ||
(15) assist with reporting to governing boards; and | ||
(16) provide other services specified in the contract. | ||
Sec. 2269.424. LIMITS ON PROGRAM MANAGER. A program | ||
manager may not: | ||
(1) perform any aspect of the construction, | ||
rehabilitation, alteration, or repair of a facility or other public | ||
works project; | ||
(2) be a party to a construction subcontract for the | ||
construction, rehabilitation, alteration, or repair of a facility | ||
or other public works project; or | ||
(3) provide or be required to provide performance and | ||
payment bonds for the construction, rehabilitation, alteration, or | ||
repair of a facility or other public works project. | ||
Sec. 2269.425. FIDUCIARY CAPACITY OF PROGRAM MANAGER. A | ||
program manager represents the governmental entity in a fiduciary | ||
capacity. | ||
Sec. 2269.426. USE OF ENGINEER OR ARCHITECT. (a) On or | ||
before the date a governmental entity selects a program manager, | ||
the governmental entity must select or designate an engineer or | ||
architect in accordance with Chapter 1001 or 1051, Occupations | ||
Code, as applicable, to prepare the construction documents for the | ||
project. | ||
(b) The governmental entity's engineer or architect may not | ||
serve, alone or in combination with another person, as the program | ||
manager unless the engineer or architect is hired to serve as the | ||
program manager under a separate or concurrent selection process | ||
conducted in accordance with this subchapter. This subsection does | ||
not prohibit the governmental entity's engineer or architect from | ||
providing customary construction phase services under the | ||
engineer's or architect's original professional service agreement | ||
in accordance with applicable licensing laws. | ||
(c) To the extent that the program manager's services are | ||
defined as part of the practice of engineering or architecture | ||
under Chapter 1001 or 1051, Occupations Code, as applicable, those | ||
services shall be conducted by a person licensed under the | ||
applicable chapter. | ||
Sec. 2269.427. SELECTION OF CONTRACTORS. A governmental | ||
entity using the program manager method shall procure, in | ||
accordance with applicable law and in any manner authorized by this | ||
chapter, a general contractor or trade contractors who will serve | ||
as the prime contractors for their specific portions of the work and | ||
provide performance and payment bonds to the governmental entity in | ||
accordance with applicable laws. | ||
Sec. 2269.428. SELECTION OF PROGRAM MANAGER. A | ||
governmental entity shall select a program manager on the basis of | ||
demonstrated competence and qualifications in the same manner that | ||
an engineer or architect is selected under Section 2254.004. | ||
Sec. 2269.429. INSURANCE. A program manager selected under | ||
this subchapter shall maintain professional liability or errors and | ||
omissions insurance in the amount of at least $1 million for each | ||
occurrence. | ||
SECTION 2. (a) The changes in law made by this Act apply | ||
only to a contract or construction project for which a governmental | ||
entity first advertises or otherwise requests bids, proposals, | ||
offers, or qualifications, or makes a similar solicitation, on or | ||
after the effective date of this Act. | ||
(b) A contract or construction project for which a | ||
governmental entity first advertises or otherwise requests bids, | ||
proposals, offers, or qualifications, or makes a similar | ||
solicitation, before the effective date of this Act is governed by | ||
the law as it existed immediately before the effective date of this | ||
Act, and that law is continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2019. |