reglab/housing_qa huggingface dataset:
TX Govt Code § 2166.205 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle D - State Purchasing and General Services|Chapter 2166 - Building Construction and Acquisition and Disposition of Real Property|Subchapter E. Private Design Professionals|Section 2166.205. Compensation of Private Design Professional

Sec. 2166.205.  COMPENSATION OF PRIVATE DESIGN PROFESSIONAL.  (a)  A private design professional retained under this chapter shall be compensated under this section.(b)  The commission shall establish compensation for a new project or rehabilitation project by studying compensation paid in this state by private clients for projects of comparable size and complexity.  Compensation may not exceed the minimum recommended for similar projects by the:(1)  Texas Society of Architects, if the private design professional is an architect;  or(2)  Texas Society of Professional Engineers, if the private design professional is an engineer.(c)  Compensation established by the commission covers all professional services rendered by a private design professional, including professional inspection as defined by Section 2166.351.  If the commission requires detailed inspection as defined by Section 2166.351, the commission shall increase compensation by an amount equal to the actual cost of providing the detailed inspection.(d)  Compensation for preparation of a project analysis under Subchapter D  may not exceed one percent of the estimated cost of construction.  If the project is approved by the legislature in substantially the form originally requested and the same private design professional is retained for the later phases of design, compensation paid for preparing the project analysis under this subsection shall be deducted from compensation paid under Subsections (b) and (c).|Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.|
TX Govt Code § 2166.206 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle D - State Purchasing and General Services|Chapter 2166 - Building Construction and Acquisition and Disposition of Real Property|Subchapter E. Private Design Professionals|Section 2166.206. Information Furnished by State

Sec. 2166.206.  INFORMATION FURNISHED BY STATE.  The state shall furnish to a private design professional retained under this chapter:(1)  detailed information on space requirements and relationships and the justification for, use of, and general requirements for the project;  and(2)  a complete site survey and soil analysis.|Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.|
TX Govt Code § 2166.251 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle D - State Purchasing and General Services|Chapter 2166 - Building Construction and Acquisition and Disposition of Real Property|Subchapter F. Project Authorization; Bidding and Contract Procedures|Section 2166.251. Legislative Authorizations and Appropriations

Sec. 2166.251.  LEGISLATIVE AUTHORIZATIONS AND APPROPRIATIONS.  (a)  Only the legislature may authorize a project.(b)  A legislative appropriation for a project is directly to a using agency unless the project is to be constructed by the commission, in which event the appropriation is to the commission.(c)  An appropriation for the construction of a project expresses the legislative intent that the project be completed within the limits of the appropriation.(d)  If the legislative authorization provides for stage construction of a project, the commission shall proceed with the project through the specifically authorized stage.|Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.|
TX Govt Code § 2166.252 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle D - State Purchasing and General Services|Chapter 2166 - Building Construction and Acquisition and Disposition of Real Property|Subchapter F. Project Authorization; Bidding and Contract Procedures|Section 2166.252. Modifying Project to Conform to Appropriations

Sec. 2166.252.  MODIFYING PROJECT TO CONFORM TO APPROPRIATIONS.  (a)  If money appropriated for a project is less than the amount originally requested or is less than the amount required for the project as originally submitted to the state budget agencies, the commission and the using agency shall confer on how to bring the project cost within the amount appropriated.  The commission and the using agency shall make every effort to comply with legislative intent to modify the project as originally submitted.(b)  The commission shall notify the using agency that it considers the project canceled if it is impossible to modify the project to bring the cost within the amount appropriated.(c)  If authorized by an act appropriating money for a project, a using agency may appeal the decision of the commission to cancel a project to the governor by submitting a request that:(1)  the project be undertaken as stage construction;  or(2)  the money available for the project be supplemented by the transfer of money appropriated to the same using agency for other projects of equal or lower priority or from the unused contingency reserves of any project of the same using agency.(d)  The governor shall, after obtaining the advice of the Legislative Budget Board, rule on a request submitted under Subsection (c).  If the ruling favors the using agency, the commission shall proceed with the project.|Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.|
TX Govt Code § 2166.2525 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle D - State Purchasing and General Services|Chapter 2166 - Building Construction and Acquisition and Disposition of Real Property|Subchapter F. Project Authorization; Bidding and Contract Procedures|Section 2166.2525. Determination of Contracting Method

Sec. 2166.2525.  DETERMINATION OF CONTRACTING METHOD.  The method of contracting allowed under this subchapter for design and construction services is any method provided by Chapter 2269.|Added by Acts 2001, 77th Leg., ch. 1422, Sec. 9.02, eff. Sept. 1, 2001.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1129 (H.B. 628), Sec. 2.07, eff. September 1, 2011.Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 22.002(9), eff. September 1, 2013.|
TX Govt Code § 2166.253 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle D - State Purchasing and General Services|Chapter 2166 - Building Construction and Acquisition and Disposition of Real Property|Subchapter F. Project Authorization; Bidding and Contract Procedures|Section 2166.253. Lowest and Best Bid Method

Sec. 2166.253.  LOWEST AND BEST BID METHOD.  (a)  The commission may use the lowest and best bid method for a project.  In using that method, the commission shall follow the procedures provided by Subsections (b)-(g).(b)  After final approval of a project's working plans and specifications and their acceptance by a using agency, the commission shall advertise in one newspaper of general circulation and the Texas Register for bids or proposals for the construction of and related work on the project.(c)  Except as provided by Subsection (d), the commission shall allow bidders not less than 30 days after the date the commission issues the bid documents to respond to an invitation to bid.(d)  The commission shall allow bidders for small construction projects not less than 14 days after the date the commission issues the bid documents to respond to an invitation to bid.(e)  The commission may shorten the time for response to prevent undue additional costs to a state agency or, for emergency projects, to prevent or remove a hazard to life or property.(f)  A contract shall be awarded to the qualified bidder making the lowest and best bid in accordance with the law on awarding a state contract.(g)  The commission may reject all bids.|Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1329, Sec. 3, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1422, Sec. 9.04, eff. Sept. 1, 2001.|
TX Govt Code § 2166.254 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle D - State Purchasing and General Services|Chapter 2166 - Building Construction and Acquisition and Disposition of Real Property|Subchapter F. Project Authorization; Bidding and Contract Procedures|Section 2166.254. Review of Certain Bids by Historical Commission

Sec. 2166.254.  REVIEW OF CERTAIN BIDS BY HISTORICAL COMMISSION.  (a)  Before a contract is awarded for the major repair or renovation of a state structure designated by the Texas Historical Commission as a Recorded Texas Historic Landmark, the commission shall forward to the Texas Historical Commission a copy of bids received and an evaluation of the bidders' qualifications.(b)  The Texas Historical Commission shall review the bids and qualifications and recommend to the commission the bidder to which the award should be made.(c)  The commission may award the contract to a bidder other than the lowest bidder based on the Texas Historical Commission's recommendation.|Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.|
TX Govt Code § 2166.255 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle D - State Purchasing and General Services|Chapter 2166 - Building Construction and Acquisition and Disposition of Real Property|Subchapter F. Project Authorization; Bidding and Contract Procedures|Section 2166.255. Amount of Contract

Sec. 2166.255.  AMOUNT OF CONTRACT.  A contract may not be awarded for an amount greater than the amount that the comptroller certifies to be available for the project.|Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 9.08, eff. Sept. 1, 2001.|
TX Govt Code § 2166.2551 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle D - State Purchasing and General Services|Chapter 2166 - Building Construction and Acquisition and Disposition of Real Property|Subchapter F. Project Authorization; Bidding and Contract Procedures|Section 2166.2551. Contract Notification

Sec. 2166.2551.  CONTRACT NOTIFICATION.  The commission or an agency whose project is exempted from all or part of this chapter under Section 2166.003 shall provide written notice to the Legislative Budget Board of a contract for a construction project if the amount of the contract, including an amendment, modification, renewal, or extension of the contract, exceeds $50,000.  The notice must be on a form prescribed by the Legislative Budget Board and filed not later than the 30th day after the date the agency enters into the contract.|Added by Acts 1999, 76th Leg., ch. 281, Sec. 10, eff. Sept. 1, 1999.Amended by: Acts 2021, 87th Leg., R.S., Ch. 855 (S.B. 799), Sec. 12, eff. September 1, 2021.|
TX Govt Code § 2166.256 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle D - State Purchasing and General Services|Chapter 2166 - Building Construction and Acquisition and Disposition of Real Property|Subchapter F. Project Authorization; Bidding and Contract Procedures|Section 2166.256. Acquisition of Items Not Furnished Under Construction Contract

Sec. 2166.256.  ACQUISITION OF ITEMS NOT FURNISHED UNDER CONSTRUCTION CONTRACT.  Equipment or furnishings not constructed or installed under a construction contract shall be acquired through regular state purchasing methods.|Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.|
TX Govt Code § 2166.257 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle D - State Purchasing and General Services|Chapter 2166 - Building Construction and Acquisition and Disposition of Real Property|Subchapter F. Project Authorization; Bidding and Contract Procedures|Section 2166.257. Contract Payment Administration

Sec. 2166.257.  CONTRACT PAYMENT ADMINISTRATION.  (a)  On receipt of notice and itemized statements from the commission, the comptroller shall:(1)  account for prior expenditures on behalf of a project as expenditures from the project's appropriation, based on the amount of those expenditures certified by the commission;  and(2)  reserve from a project's appropriation an amount estimated by the commission to be sufficient to cover contingencies over the amounts obligated by contract or otherwise for:(A)  planning, engineering, and architectural work;(B)  site acquisition and development;  and(C)  construction, equipment, and furnishings contracts.(b)  The money reserved under Subsection (a)(2) may be used only if:(1)  the design professional or contractor recommends and justifies the proposed contingency expenditures by submitting a change order request;(2)  the proposed change order request is approved by the design professional;(3)  the proposed change order request is approved by the using agency and the agency makes a formal request for the allocation of money from the contingency reserve;  and(4)  the director of facilities construction and space management appointed under Section 2152.104 investigates the nature of the change order and concurs in the necessity of the proposed expenditure or refuses to concur not later than the 15th day after the date of receiving the request.(c)  If the director of facilities construction and space management refuses to concur in a proposed contingency expenditure, the using agency may appeal to the commission.  The commission's findings are final.  The commission shall adopt rules on the procedures for an appeal under this subsection.(d)  If an approved change order results in a reduction of construction cost, the amount of the contingency reserve shall be increased by the amount of the reduction.(e)  The comptroller shall issue warrants to pay progress payments and final payments on construction under this chapter on the commission's written approval.|Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.|
TX Govt Code § 2166.258 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle D - State Purchasing and General Services|Chapter 2166 - Building Construction and Acquisition and Disposition of Real Property|Subchapter F. Project Authorization; Bidding and Contract Procedures|Section 2166.258. Common Surety or Insurer

Sec. 2166.258.  COMMON SURETY OR INSURER.  (a)  The commission or an agency whose project is exempted from all or part of this chapter under Section 2166.003 may negotiate an arrangement advantageous to the state with a surety or an insurer, as appropriate, authorized to do business in this state to furnish bonds, insurance, or both that a contractor or subcontractor is required to execute or carry to receive a contract or subcontract on a project administered by the commission or other agency. Text of subsec. (b) as amended by Acts 2001, 77th Leg., ch. 614, Sec. 1 (b)  In accordance with Section 1, Chapter 87, Acts of the 56th Legislature, Regular Session, 1959 (Article 7.19-1, Vernon's Texas Insurance Code), the commission or other agency may not require a contractor or subcontractor for any public building or other construction contract to obtain a surety bond from any specific insurance or surety company, agent, or broker.  To the extent consistent with that law, the commission or other agency may require a contractor or subcontractor to meet part or all of the bonding or insurance requirements for the project under the negotiated arrangement. Text of subsec. (b) as amended by Acts 2001, 77th Leg., ch. 1422, Sec. 9.09 (b)  Except as provided by Subsection (c), notwithstanding Section 1, Chapter 87, Acts of the 56th Legislature, Regular Session, 1959 (Article 7.19-1, Vernon's Texas Insurance Code), the commission or other agency may require a contractor or subcontractor to meet part or all of the bonding or insurance requirements for the project under the arrangement negotiated by the commission or other agency. Text of subsec. (c) as added by Acts 2001, 77th Leg., ch. 614, Sec. 1 (c)  For the purposes of this section, the General Services Commission shall establish a program to provide surety technical assistance services for the benefit of small businesses and historically underutilized businesses.  The commission may contract with insurance companies, surety companies, agents, or brokers to implement this program. Text of subsec. (c) as added by Acts 2001, 77th Leg., ch. 1422, Sec. 9.09 (c)  To assist historically underutilized businesses, small businesses, or any other businesses, if an agency by rule requires a proposal guaranty as a condition for bidding on a contract, the guaranty may be in the form of a:(1)  cashier's check or money order drawn on an account with a financial entity determined by the agency;(2)  bid bond issued by a surety authorized to do business in this state;  or(3)  any other method approved by the agency.|Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 614, Sec. 1, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1422, Sec. 9.09, eff. Sept. 1, 2001.|
TX Govt Code § 2166.260 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle D - State Purchasing and General Services|Chapter 2166 - Building Construction and Acquisition and Disposition of Real Property|Subchapter F. Project Authorization; Bidding and Contract Procedures|Section 2166.260. Approval of Certain Expenditures Required

Sec. 2166.260.  APPROVAL OF CERTAIN EXPENDITURES REQUIRED.  A state agency may not spend more than the amount authorized for the cost of a project unless the governor and the Legislative Budget Board approve the expenditure.  Once the cost of a project reaches the amount authorized for the project, each change to approved project plans must be approved by the governor and the Legislative Budget Board.|Added by Acts 2003, 78th Leg., ch. 309, Sec. 7.43, eff. June 18, 2003.|
TX Govt Code § 2166.301 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle D - State Purchasing and General Services|Chapter 2166 - Building Construction and Acquisition and Disposition of Real Property|Subchapter G. Uniform General Conditions in State Construction Contracts|Section 2166.301. Exceptions

Sec. 2166.301.  EXCEPTIONS.  Sections 2166.303 and 2166.304 do not apply to a contract made with a person subject to the safety standards and administrative penalty provisions of Subchapter E, Chapter 121, Utilities Code.|Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 62, Sec. 18.26, eff. Sept. 1, 1999.|
TX Govt Code § 2166.302 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle D - State Purchasing and General Services|Chapter 2166 - Building Construction and Acquisition and Disposition of Real Property|Subchapter G. Uniform General Conditions in State Construction Contracts|Section 2166.302. Adoption of Conditions

Sec. 2166.302.  ADOPTION OF CONDITIONS.  (a)  Except as provided by Subsections (b) and (c), the commission shall adopt uniform general conditions to be incorporated into all building construction contracts made by the state, including a contract for a project excluded from this chapter by Section 2166.003, but not including a contract for a project excluded from this chapter by Section 2166.004.(b)  The commission is not required to adopt uniform general conditions for small construction projects, as defined by Section 2166.001.(c)  Subsection (a) does not apply to a project constructed by and for the Texas Department of Transportation or an institution of higher education or university system.  In this subsection, "institution of higher education" and "university system" have the meanings assigned by Section 61.003, Education Code.|Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 309, Sec. 7.44, eff. June 18, 2003.Amended by: Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.92, eff. June 14, 2005.Acts 2011, 82nd Leg., R.S., Ch. 1049 (S.B. 5), Sec. 4.02, eff. June 17, 2011.|
TX Govt Code § 2166.303 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle D - State Purchasing and General Services|Chapter 2166 - Building Construction and Acquisition and Disposition of Real Property|Subchapter G. Uniform General Conditions in State Construction Contracts|Section 2166.303. Uniform Trench Safety Conditions

Sec. 2166.303.  UNIFORM TRENCH SAFETY CONDITIONS.  (a)  The uniform general conditions for a construction project in which trench excavation will exceed a depth of five feet must require that the bid documents provided to all bidders and the contract include:(1)  a reference to the federal Occupational Safety and Health Administration's standards for trench safety that will be in effect during the construction of the project;(2)  a copy of the state's special shoring requirements, if any, with a separate pay item for the special shoring requirements;(3)  a copy of geotechnical information obtained by the owner for use by the contractor in the design of the trench safety system;  and(4)  a separate pay item for trench excavation safety protection.(b)  The separate pay item for trench safety is determined by the linear feet of trench excavated.  The separate pay item for the state's special shoring requirements, if any, is determined by the square feet of shoring used.(c)  In this section, "trench" has the meaning assigned by the standards adopted by the federal Occupational Safety and Health Administration.|Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.|
TX Govt Code § 2166.304 (2021)
2021 Texas Statutes|Government Code|Title 10 - General Government|Subtitle D - State Purchasing and General Services|Chapter 2166 - Building Construction and Acquisition and Disposition of Real Property|Subchapter G. Uniform General Conditions in State Construction Contracts|Section 2166.304. Pre-Bid Conference

Sec. 2166.304.  PRE-BID CONFERENCE.  (a)  A state agency may require bidders to attend a pre-bid conference to coordinate a geotechnical investigation of the project site by the bidders.(b)  In awarding a contract, an agency may not consider a bid from a bidder who failed to attend a pre-bid conference required under this section.|Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.|