TITLE: Relating to requirements regarding commissioning agent fees related to school district contracts for construction services.

SUMMARY: Relating to requirements regarding commissioning agent fees related to school district contracts for construction services.

FULL TEXT:
AN ACT relating to requirements regarding commissioning agent fees related to school district contracts 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 44.0332 to read as follows: Sec. 44.0332. COMMISSIONING AGENT FEES RELATED TO SCHOOL DISTRICT CONTRACTS FOR CONSTRUCTION SERVICES. (a) In this section: (1) "Commissioning agent" means a person who, in connection with a school district construction contract: (A) 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 (B) 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. (2) "Project cost" means a cost or expense incurred in relation to a school district construction project. The term: (A) includes: (i) the cost of design, planning, and engineering; (ii) construction cost; and (iii) the cost of machinery, equipment, and other capital assets incidental and related to the operation, maintenance, and administration of the project; and (B) does not include a fee for leading and managing the design or construction process of the project. (b) A commissioning agent may not receive a fee of more than 1.5 percent of the project cost under a contract for construction services unless the commissioner: (1) approves the fee; and (2) monitors the services provided to the school district by the commissioning agent. (c) A commissioning agent that is subject to monitoring under Subsection (b)(2) shall provide the commissioner with any documentation the commissioner requests for purposes of monitoring the commissioning agent's services. SECTION 2. Section 44.0332, Education Code, as added by this Act, applies only to a commissioning agent fee related to a school district construction contract executed on or after the effective date of this Act. A commissioning agent fee related to a school district construction contract executed before the effective date of this Act is governed by the law in effect when the contract was executed, and the former law is continued in effect for that purpose. SECTION 3. This Act takes effect September 1, 2017.