Bill Text: TX HB2729 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to local government contracts with private entities for civil works projects and improvements to real property.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective immediately [HB2729 Detail]
Download: Texas-2011-HB2729-Enrolled.html
| H.B. No. 2729 | ||
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| relating to local government contracts with private entities for | ||
| civil works projects and improvements to real property. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter Z, Chapter 271, Local Government | ||
| Code, is amended by adding Section 271.908 to read as follows: | ||
| Sec. 271.908. LOCAL GOVERNMENT CONTRACTS WITH PRIVATE | ||
| ENTITIES FOR CIVIL WORKS PROJECTS AND IMPROVEMENTS TO REAL | ||
| PROPERTY. (a) In this section, "civil works project" and "local | ||
| governmental entity" have the meanings assigned by Section 271.181. | ||
| (b) A local governmental entity may contract with a private | ||
| entity to act as the local governmental entity's agent in the | ||
| design, development, financing, maintenance, operation, or | ||
| construction, including oversight and inspection, of: | ||
| (1) a civil works project; or | ||
| (2) an improvement to real property. | ||
| (c) A local governmental entity contracting under this | ||
| section shall: | ||
| (1) select the private entity based on the private | ||
| entity's qualifications and experience; and | ||
| (2) enter into a project development agreement with | ||
| the private entity. | ||
| (d) The selected private entity shall comply with: | ||
| (1) Chapters 1001 and 1051, Occupations Code; | ||
| (2) all laws relating to procurement of professional | ||
| services under Chapter 2254, Government Code; and | ||
| (3) all laws relating to procurement under this | ||
| chapter that apply to the local governmental entity that selected | ||
| the private entity. | ||
| SECTION 2. This Act applies only to a contract entered into | ||
| on or after the effective date of this Act. A contract entered into | ||
| before the effective date of this Act is governed by the law in | ||
| effect when the contract was entered into, and the former law is | ||
| continued in effect for that purpose. | ||
| SECTION 3. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2011. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 2729 was passed by the House on May | ||
| 13, 2011, by the following vote: Yeas 144, Nays 0, 1 present, not | ||
| voting; that the House refused to concur in Senate amendments to | ||
| H.B. No. 2729 on May 25, 2011, and requested the appointment of a | ||
| conference committee to consider the differences between the two | ||
| houses; and that the House adopted the conference committee report | ||
| on H.B. No. 2729 on May 28, 2011, by the following vote: Yeas 147, | ||
| Nays 0, 1 present, not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 2729 was passed by the Senate, with | ||
| amendments, on May 21, 2011, by the following vote: Yeas 31, Nays | ||
| 0; at the request of the House, the Senate appointed a conference | ||
| committee to consider the differences between the two houses; and | ||
| that the Senate adopted the conference committee report on H.B. No. | ||
| 2729 on May 28, 2011, by the following vote: Yeas 31, Nays 0 | ||
| . | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
