reglab/statecodes huggingface dataset:
2023 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 C. Statewide Planning and Reporting › Section 2166.1065. Review of Capitol Complex Master Plan by State Preservation Board and General Land Office

Sec. 2166.1065.  REVIEW OF CAPITOL COMPLEX MASTER PLAN BY STATE PRESERVATION BOARD AND GENERAL LAND OFFICE.  (a)  Not later than the 90th day before the date the commission holds a public meeting to discuss a proposed Capitol Complex master plan, the commission must submit the proposed plan to the State Preservation Board for review and comment.  Not later than the 60th day before the date the commission holds a public meeting to discuss a proposed Capitol Complex master plan, the commission must submit the proposed plan to the General Land Office for review and comment.
(b)  Not later than the 60th day before the date the commission holds a public meeting to discuss a proposed update to the Capitol Complex master plan, the commission must submit the proposed update to the State Preservation Board and the General Land Office for review and comment.
(c)  Not later than the 90th day after the date the State Preservation Board receives from the commission a proposed Capitol Complex master plan and not later than the 60th day after the date the board receives from the commission a proposed update to the plan, the board may:
(1)  by a public vote disapprove the plan or update if the board determines that the goals or recommendations in the plan or update are not in the best interest of the state or of the Capitol Complex; and
(2)  submit to the commission written comments and recommended modifications to the plan or update.
(d)  The proposed Capitol Complex master plan or the proposed update to the plan is considered to be approved by the State Preservation Board if the board does not hold the public vote authorized by Subsection (c) on or before the date required under that subsection.
(e)  The review of the Capitol Complex master plan under this section is in addition to the review required for a proposed project under Section 443.0071.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 20, eff. June 14, 2013.
2023 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 C. Statewide Planning and Reporting › Section 2166.107. Comprehensive Planning and Development Process

Sec. 2166.107.  COMPREHENSIVE PLANNING AND DEVELOPMENT PROCESS.  (a)  The commission by rule shall adopt a comprehensive process for planning and developing state property in the commission's inventory and for assisting state agencies in space development planning for state property under Sections 2165.105 and 2165.1061.
(b)  The process under this section at a minimum must include:
(1)  a clear approach and specific time frames for obtaining input throughout the planning and development process from the public, interested parties, and state agencies, including the General Land Office;
(2)  specific schedules for providing to the commission regular updates on planning and development efforts;
(3)  a public involvement policy to ensure that before the commission makes a decision on the use or development of state property the public and interested parties have the opportunity to review and comment on the commission's plans; and
(4)  confidentiality policies consistent with Chapter 552.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 20, eff. June 14, 2013.
2023 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 C. Statewide Planning and Reporting › Section 2166.108. Comprehensive Capital Improvement and Deferred Maintenance Plan

Sec. 2166.108.  COMPREHENSIVE CAPITAL IMPROVEMENT AND DEFERRED MAINTENANCE PLAN.  (a)  The commission shall develop a comprehensive capital improvement and deferred maintenance plan that clearly defines the capital improvement needs and critical and noncritical maintenance needs of state buildings.
(b)  The comprehensive capital improvement and deferred maintenance plan must:
(1)  with respect to deferred maintenance projects:
(A)  list, with regular updates, deferred maintenance projects that contain critical high-priority projects and lower-priority, non-health and safety projects;
(B)  state the commission's plan for addressing the projects;
(C)  account for the completion of high-priority projects;
(D)  estimate when the lower-priority projects may become higher-priority projects; and
(E)  be modified as necessary to include additional maintenance projects;
(2)  contain a list of all predictable capital improvement projects, including a time frame and a cost estimate for each project; and
(3)  contain a plan, updated biennially, for responding to emergency repairs and replacements that, in consultation with the Legislative Budget Board, identifies potential sources of funds, which may include bonds and bond interest, that may be used to pay the costs of emergency repair and replacement projects.
(c)  The comprehensive capital improvement and deferred maintenance plan must include for each segment of the plan described by Subsection (b) a prioritized list by state agency facility of each project that includes an estimate of the project's cost and the aggregate costs for all facility projects.
(d)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 3.01(2), eff. September 1, 2019.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 20, eff. June 14, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 3.01(2), eff. September 1, 2019.
2023 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 D. Individual Project Analysis › Section 2166.151. Using Agency's General Project Description; Initiation of Project Analysis Process

Sec. 2166.151.  USING AGENCY'S GENERAL PROJECT DESCRIPTION;  INITIATION OF PROJECT ANALYSIS PROCESS.  (a)  A using agency requesting a project shall prepare and send to the commission a general description of the project.  The description must specify whether the using agency requests that a portion of the cost of the project be used for fine arts projects at or near the site of the project as provided by Section 2166.552.
(b)  The commission shall study a project description sent to it and shall initiate the preparation of a project analysis for:
(1)  a new construction project;  and
(2)  any other project for which, in the commission's opinion, the cost of preparing a project analysis is justified.
(c)  If a using agency requests three or more projects, it shall designate its priority rating for each project.  The budget agencies shall, with the commission's cooperation, develop detailed instructions to implement the priority system required by this subsection.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.06(a), eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 1.23, eff. September 1, 2019.
2023 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 D. Individual Project Analysis › Section 2166.152. Preparation of Project Analysis

Sec. 2166.152.  PREPARATION OF PROJECT ANALYSIS.  (a)  The commission may retain a private design professional or use its own staff to prepare a project analysis.
(b)  A private design professional retained to prepare a project analysis shall be selected as provided by Subchapter E.
(c)  In preparing a project analysis, the commission and any private design professional it retains shall cooperate and work closely with the using agency so that the project analysis fully reflects the using agency's needs.
(d)  A contract to prepare a project analysis must specify that the analysis becomes the commission's property.
(e)  Money appropriated by the legislature may not be used for a capital construction project for which a project analysis described by this section is required until the analysis is filed with the Legislative Budget Board, the budget division of the governor's office, and the comptroller.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 281, Sec. 9, eff. Sept. 1, 1999.
2023 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 D. Individual Project Analysis › Section 2166.153. Contents of Project Analysis

Sec. 2166.153.  CONTENTS OF PROJECT ANALYSIS.  (a)  A project analysis consists of:
(1)  a complete description of the project and a justification of the project prepared by the using agency;
(2)  a detailed estimate of the amount of space needed to meet the needs of the using agency and to allow for realistic growth;
(3)  a description of the proposed project prepared by a design professional that:
(A)  includes schematic plans and outline specifications describing the type of construction and probable materials to be used; and
(B)  is sufficient to establish the general scope and quality of construction;
(4)  an estimate of the probable cost of construction;
(5)  a description of the proposed site of the project and an estimate of the cost of site preparation;
(6)  an overall estimate of the cost of the project, including necessary funding for life-cycle costing, whole building integrated design, commissioning, and postoccupancy building performance verification;
(7)  information prepared under Section 2166.451 about historic structures considered as alternatives to new construction;
(8)  an evaluation of energy alternatives and energy-efficient architectural and engineering design alternatives as required by Sections 2166.401, 2166.403, and 2166.408; and
(9)  other information required by the commission.
(b)  A project analysis may include two or more alternative proposals for meeting the using agency's space needs by:
(1)  new construction;
(2)  the acquisition and rehabilitation of an existing or historic structure;  or
(3)  a combination of new and existing structures.
(c)  If any part of a project involves the construction or rehabilitation of a building that is to be used primarily as a parking garage or for office space for state government, the project analysis also must include:
(1)  a description of the amount and location of space in the building that can be made available for lease to private tenants under Subchapter E, Chapter 2165;  or
(2)  a statement of the reason that lease of space in the building to private tenants is not feasible.
(d)  All estimates involved in the preparation of a project analysis shall be carefully and fully documented and incorporated into the project analysis.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2005, 79th Leg., Ch. 856 (S.B. 982), Sec. 2, eff. June 17, 2005.
2023 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 D. Individual Project Analysis › Section 2166.154. Use of Project Analysis or Cost Estimate in Appropriations Process

Sec. 2166.154.  USE OF PROJECT ANALYSIS OR COST ESTIMATE IN APPROPRIATIONS PROCESS.  The using agency shall use the cost of the project as determined by the project analysis or the cost estimate developed under Section 2166.155 as the basis of a request to the state's budget offices.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
2023 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 D. Individual Project Analysis › Section 2166.155. Estimate of Project Costs in Lieu of Project Analysis

Sec. 2166.155.  ESTIMATE OF PROJECT COSTS IN LIEU OF PROJECT ANALYSIS.  (a)  If the commission determines that the cost of a project analysis is not justified or required, the commission shall, in cooperation with the using agency, develop a realistic estimate of the project's cost.
(b)  If necessary, the commission shall arrange for an on-site inspection and analysis of the proposed project by a commission staff member.
(c)  The commission shall inform a using agency of a cost estimate developed under this section.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
2023 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 D. Individual Project Analysis › Section 2166.156. Preparation of Preliminary and Working Plans and Specifications

Sec. 2166.156.  PREPARATION OF PRELIMINARY AND WORKING PLANS AND SPECIFICATIONS.  (a)  The preliminary plans and outline specifications and the working plans and specifications for a project shall be prepared by:
(1)  a private design professional selected and retained by the commission in accordance with Subchapter E;  or
(2)  unless the commission is required to retain a design professional under Subsection (b), the commission's professional staff.
(b)  The commission shall retain a private design professional for:
(1)  a new construction project estimated to cost more than $100,000;  or
(2)  a new construction project for which the using agency requests a private design professional.
(c)  The commission shall ensure that plans and specifications:
(1)  are clear and complete;
(2)  permit execution of the project with appropriate economy and efficiency;  and
(3)  conform with the requirements described by the previously prepared project analysis.
(d)  The commission must approve plans and specifications before the using agency may accept or use them.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
2023 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 D. Individual Project Analysis › Section 2166.157. Accounting for Project Analysis Expenses

Sec. 2166.157.  ACCOUNTING FOR PROJECT ANALYSIS EXPENSES.  When the legislature approves a project and appropriates money for its construction, the engineering, architectural, and other planning expenses necessary to make a project analysis are the first charge against the project for which the analysis was made.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
2023 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 2166.202. Selection of Private Design Professional; Rules

Sec. 2166.202.  SELECTION OF PRIVATE DESIGN PROFESSIONAL;  RULES.  (a)  The commission is responsible for selecting any private design professional retained for a project subject to this chapter.
(b)  The commission, in consultation with the Texas Board of Architectural Examiners and the Texas Board of Professional Engineers and Land Surveyors, shall adopt by rule criteria to evaluate the competence and qualifications of a prospective private design professional.
(c)  The commission shall select a private design professional in accordance with a rule adopted under this section and the ethical standards of the professional societies of architects and engineers.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.779, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 2.07, eff. September 1, 2019.
2023 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 2166.203. Interview Notification to Private Design Professional

Sec. 2166.203.  INTERVIEW NOTIFICATION TO PRIVATE DESIGN PROFESSIONAL.  (a)  Except as provided by Subsection (b), the commission shall notify a private design professional selected for an interview on a project of the person's selection not later than the 30th day before the date of the interview to allow preparation for the interview.
(b)  The commission shall notify a private design professional selected for an interview on a small construction project of the person's selection not later than the 14th day before the date of the interview to allow preparation for the interview.
(c)  Subsections (a) and (b) do not apply in an emergency situation that:
(1)  presents an imminent peril to the public health, safety, or welfare;
(2)  presents an imminent peril to property;
(3)  requires expeditious action to prevent a hazard to life, health, safety, welfare, or property;  or
(4)  requires expeditious action to avoid undue additional cost to the state.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1329, Sec. 2, eff. Sept. 1, 1997.
2023 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 2166.204. Using Agency Recommendations

Sec. 2166.204.  USING AGENCY RECOMMENDATIONS.  The commission shall request that the using agency make recommendations regarding private design professionals.  The commission shall consider the recommendations in selecting a private design professional to be retained for a particular project.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.07, eff. Sept. 1, 1997.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 2166.305. Review of Uniform General Conditions

Sec. 2166.305.  REVIEW OF UNIFORM GENERAL CONDITIONS.  (a)  The commission shall require a review of the uniform general conditions of state building construction contracts whenever the commission considers review worthwhile, but not less frequently than once every five years.
(b)  A committee appointed by the commission shall perform the review.  The committee consists of:
(1)  the director of facilities construction and space management appointed under Section 2152.104, who serves as the presiding officer of the committee;
(2)  six individuals appointed by the commission, one each from the lists of nominees submitted respectively by the:
(A)  president of the Texas Society of Architects;
(B)  president of the Texas Society of Professional Engineers;
(C)  presiding officer of the Executive Council of the Texas Associated General Contractors Chapters;
(D)  executive secretary of the Mechanical Contractors Associations of Texas, Incorporated;
(E)  executive secretary of the Texas Building and Construction Trades Council; and
(F)  president of the Associated Builders and Contractors of Texas;
(3)  one individual appointed by the commission representing an institution of higher education, as defined by Section 61.003, Education Code;
(4)  one individual appointed by the commission representing a state agency that has a substantial ongoing construction program;
(5)  one individual appointed by the commission representing the attorney general's office;
(6)  one individual appointed by the commission representing the interests of historically underutilized businesses;
(7)  two individuals appointed by the commission, each representing a different minority contractors association;
(8)  one individual appointed by the commission representing the Texas Association of School Boards; and
(9)  one individual appointed by the commission representing the Texas Association of School Administrators.
(c)  Members of the committee serve without compensation but may be reimbursed for actual and necessary expenses.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 309, Sec. 7.45, eff. June 18, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 495 (S.B. 297), Sec. 1, eff. September 1, 2007.
Acts 2021, 87th Leg., R.S., Ch. 366 (S.B. 338), Sec. 2, eff. June 7, 2021.
2023 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 H. Project Inspection › Section 2166.351. Definitions

Sec. 2166.351.  DEFINITIONS.  In this subchapter:
(1)  "Detailed inspection" means close, technical, on-site examination of materials, structure, and equipment and surveillance of the quality and methods of work, performed by one or more full-time personnel at the project site, to reasonably ensure that the project is accomplished in compliance with information in the contract documents and with good construction practices.
(2)  "General inspection" means the examination and inspection of the project at periodic intervals by commission employees.
(3)  "Professional inspection" means the periodic examination of all elements of the project to reasonably ensure that they meet the performance and design features and the technical and functional requirements of the contract documents.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
2023 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 H. Project Inspection › Section 2166.352. Categories of Inspection

Sec. 2166.352.  CATEGORIES OF INSPECTION.  The three categories of inspection during construction are:
(1)  detailed inspection;
(2)  general inspection;  and
(3)  professional inspection.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
2023 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 H. Project Inspection › Section 2166.354. General Inspection

Sec. 2166.354.  GENERAL INSPECTION.  (a)  On a project for which a project construction inspector is employed by a design professional, the general inspector shall work with and through the project construction inspector and the design professional.  On all other projects, the general inspector shall work with and through the design professional and shall exercise the detailed inspection functions the commission requires.
(b)  The cost of general inspection is a charge against the project.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
2023 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 H. Project Inspection › Section 2166.356. Final Inspection; Final Payment; Inspection During Guarantee Period

Sec. 2166.356.  FINAL INSPECTION;  FINAL PAYMENT;  INSPECTION DURING GUARANTEE PERIOD.  (a)  The commission is responsible for directing final payment for work done on each project.  If on final inspection of a project it determines that the plans, specifications, contract, or change orders for the project have not been fully complied with, the commission shall, until compliance has occurred or adjustments satisfactory to the commission have been made, refuse to direct final payment.
(b)  Final inspection consists of an on-site inspection by the design professional, a commission representative, a using agency representative, and at least one representative of each contractor.
(c)  The commission shall schedule the final inspection not later than the 10th day after the date the design professional notifies the commission that the contract has been performed according to the plans and specifications.
(d)  On completion of the project, the commission shall release the project to the using agency.
(e)  The commission is responsible for inspecting the project before the expiration of the guarantee period to observe defects that may appear not later than the first anniversary of the date the contract is completed.  The commission shall give prompt written notice to the contractor of defects that are due to faulty materials or work.  This subsection does not require the contractor to assume responsibility for or guarantee defects other than those due to faulty materials or work or failure on the contractor's part to adhere to the contract documents.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.