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Texas Government Code - Chapter 2166 Building Construction And AcquisitionLegal Research Home > Texas Laws > Government Code > Texas Government Code - Chapter 2166 Building Construction And Acquisition In this chapter: (1) "Construction" includes acquisition and reconstruction. (2) "Cost of a project" includes the cost of: (A) real estate; (B) other property; (C) ... This chapter applies only to a building construction project of the state. Added by Acts 1995, 74th Leg., ch. 41, § 1, eff. Sept. 1, ... (a) Unless otherwise provided, this chapter does not apply to: (1) a project constructed by and for the Texas Department of Transportation; (2) a project ... In addition to the exceptions provided by Section 2166.003, this chapter does not apply to: (1) a project constructed by or under the supervision of ... (a) Section 2166.003 does not prohibit the commission from undertaking on a cost recovery basis a project generally excluded from the application of this chapter ... (a) The attorney general shall represent the commission in legal matters. (b) The attorney general may employ special assistants to assist in the performance of ... A suit for breach of a contract under this chapter shall be brought in Travis County. Added by Acts 1995, 74th Leg., ch. 41, § ... The commission shall administer this chapter. Added by Acts 1995, 74th Leg., ch. 41, § 1, eff. Sept. 1, 1995. ... (a) The commission, as provided by law and by legislative appropriation, may: (1) acquire necessary real and personal property and modernize, remodel, build, or equip ... To the extent permitted by appropriations, the commission may take action and contract to obtain sites that it considers necessary for the orderly future development ... (a) The commission shall obtain title for the state and retain control of: (1) real property acquired for a building site; and (2) any building ... The commission may exercise the power of eminent domain under the general laws to obtain a building site. Added by Acts 1995, 74th Leg., ch. ... (a) The commission may grant a permanent or temporary easement, franchise, license, or right-of-way over and on the land of a state agency on a ... The commission is the coordinating authority for the construction of any multiagency state office building authorized by the legislature. Added by Acts 1995, 74th Leg., ... (a) The commission may call on a department of state government to assist it in executing this chapter. (b) The commission may call on the ... (a) The commission may assign a qualified professional employee to a using agency if, because of the volume of projects, the commission and using agency ... (a) The commission may select and purchase a site in a municipality in this state to construct a state office building and adjoining parking spaces ... The commission is responsible for protecting the state's interests during the actual construction of a project subject to this chapter. Added by Acts 1995, 74th ... (a) The commission may adopt rules necessary to implement its powers and duties under this chapter. (b) A rule adopted under this section is binding ... (a) The commission may waive, suspend, or modify a provision of this chapter that conflicts with a federal statute or a rule, regulation, or administrative ... (a) This section applies to a state-owned building, including a building otherwise exempt from this chapter under Section 2166.003, except that this section does not ... (a) The commission shall prepare a long-range plan on the needs of state agencies in Travis County that obtain or occupy space under this subtitle. ... (a) The commission shall continuously survey the state's office space needs to determine the space needed and the location of the need. (b) Before each ... (a) On or before a date specified by the state's budget agencies in each year immediately preceding a regular session of the legislature, the commission ... (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 ... (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 ... (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) ... 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 ... (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 ... (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 ... 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 ... (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 ... (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 ... 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 ... (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 ... 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, ... (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 ... In this subchapter: (1) "Architect" means an individual registered as an architect under Chapter 1051, Occupations Code. (2) "Contractor" in the context of a contract ... (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 ... The commission shall adopt rules that determine the circumstances for use of each method of contracting allowed under this subchapter for design and construction services. ... (a) For each project, the commission must, before advertising, establish which method of contracting provides the best value for the commission or using agency. (b) ... (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 ... (a) In this section: (1) "Design-build contract" means a single contract with a design-build firm for the design and construction of a facility. (2) "Design-build ... (a) The commission may use the construction manager-at-risk method for a project. In using that method and in entering into a contract for the services ... (a) The commission may select a contractor for a project using the competitive sealed proposal method prescribed by this section. (b) The commission shall select ... (a) The commission may use the construction manager-agent method for a project. In using that method and in entering into a contract for the services ... (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 ... 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 ... 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 ... 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., ... (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 ... (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 ... (a) This section applies only to a contract for a public works project that has an estimated cost of more than $20 million. (b) The ... 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 ... 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 ... (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 ... (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 ... (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) ... (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 ... 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, ... 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. ... (a) The decision to require a detailed inspection is in the commission's sole discretion. The commission shall base its decision on the project's size and ... (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 ... (a) The design professional or the design professional's authorized representative shall perform professional inspection. (b) The design professional or the design professional's authorized representative shall: ... (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 ... (a) For each project for which a project analysis is prepared under Subchapter D and for which the construction, alteration, or repair involves installing or ... (a) The governing body of a state agency, commission, or institution that is exempt from this chapter under Section 2166.003 shall adopt and publish energy ... (a) This section applies to the construction of a new state building, including a building construction project otherwise exempt from this chapter under Section 2166.003. ... (a) The commission, in consultation with the Texas Natural Resource Conservation Commission, the Texas Department of Transportation, and the Industry Advisory Committee, by rule shall ... The commission shall develop a five-year program for phasing in the use of xeriscape on state property associated with a state-owned building, structure, or facility ... (a) In this section, "energy savings performance contract" means a contract for energy or water conservation measures to reduce energy or water consumption or operating ... (a) For each project for which a project analysis is prepared under Subchapter D and for which architectural or engineering design choices will affect the ... (a) In acquiring real property, each using agency shall first consider a building that is designated as a historic structure under Section 442.001 or a ... (a) If the legislature authorizes the issuance of bonds by the Texas Public Finance Authority to construct one or more buildings and improvements in a ... (a) This section applies only to meeting space needs of one or more state agencies in a county in which the state leases 50,000 square ... Text of section effective until September 2, 2008. (a) This section and Sections 2166.4541 and 2166.4542 apply only in relation to space currently occupied by ... Text of section effective until September 2, 2008. (a) Subject to Section 2166.454(b), the commission may issue sale and lease purchase revenue obligations in accordance ... Text of section effective until September 2, 2008. (a) Subject to Section 2166.454(b), the commission may purchase any or all of the space described ... (a) A monument or memorial for Texas heroes of the Confederate States of America or the Texas War for Independence or to commemorate another event ... (a) In this section, "monument or memorial" means a permanent monument, memorial, or other designation, including a statue, portrait, plaque, seal, symbol, building name, or ... The commission may negotiate and contract with the Texas Historical Commission to assist and advise the commission with regard to the: (1) proper monuments and ... (a) The commission may acquire by gift, devise, purchase, or exercise of its general power of eminent domain land in this state on which is ... (a) The commission, in consultation with the Child Care Advisory Committee, shall determine whether a child care facility may be included in a state-owned office ... (a) A using agency that requests a project analysis by the commission for a building construction project that is estimated to cost more than $250,000 ... (a) The commission may not acquire or approve construction of a building, including a building the acquisition or construction of which is financed under Chapter ... Last modified: August 11, 2007 |
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