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

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

FULL TEXT:
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.