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A BILL TO BE ENTITLED
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AN ACT
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relating to requirements regarding commissioning agent fees |
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related to school district contracts for construction services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 44, Education Code, is |
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amended by adding Section 44.0332 to read as follows: |
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Sec. 44.0332. COMMISSIONING AGENT FEES RELATED TO SCHOOL |
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DISTRICT CONTRACTS FOR CONSTRUCTION SERVICES. (a) In this |
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section: |
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(1) "Commissioning agent" means a person who, in |
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connection with a school district construction contract: |
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(A) is retained by the school district to verify |
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that a construction project and building systems conform to the |
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district's requirements and the architects' and engineers' design |
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specifications; and |
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(B) is responsible for leading and managing the |
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design or construction process and works closely with the design, |
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construction, or operational teams throughout the design, |
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construction, or post-construction phases of a construction |
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project. |
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(2) "Project cost" means a cost or expense incurred in |
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relation to a school district construction project. The term: |
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(A) includes: |
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(i) the cost of design, planning, and |
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engineering; |
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(ii) construction cost; and |
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(iii) the cost of machinery, equipment, and |
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other capital assets incidental and related to the operation, |
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maintenance, and administration of the project; and |
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(B) does not include a fee for leading and |
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managing the design or construction process of the project. |
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(b) A commissioning agent may not receive a fee of more than |
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1.5 percent of the project cost under a contract for construction |
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services unless the commissioner: |
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(1) approves the fee; and |
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(2) monitors the services provided to the school |
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district by the commissioning agent. |
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(c) A commissioning agent that is subject to monitoring |
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under Subsection (b)(2) shall provide the commissioner with any |
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documentation the commissioner requests for purposes of monitoring |
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the commissioning agent's services. |
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SECTION 2. Section 44.0332, Education Code, as added by |
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this Act, applies only to a commissioning agent fee related to a |
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school district construction contract executed on or after the |
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effective date of this Act. A commissioning agent fee related to a |
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school district construction contract executed before the |
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effective date of this Act is governed by the law in effect when the |
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contract was executed, and the former law is continued in effect for |
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that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |