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Texas Government Code - Section 2166.257. Contract Payment Administration

Legal Research Home > Texas Laws > Government Code > Texas Government Code - Section 2166.257. Contract Payment Administration

§ 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, § 1, eff. Sept. 1, 1995.            

Last modified: August 11, 2007