SUBCHAPTER A GENERAL PROVISIONS
- Texas Section 2166.001 - Definitions
In this chapter: (1) "Capitol Complex" has the meaning prescribed by Section 411.061(a)(1). (1-a) "Commission" means the Texas Facilities Commission. (1-b) "Construction" includes acquisition and...
- Texas Section 2166.002 - Applicability Of Chapter
This chapter applies only to a building construction project of the state, the acquisition of real property for state purposes, and the disposition of real...
- Texas Section 2166.003 - Exceptions
(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...
- Texas Section 2166.004 - Additional Exceptions
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...
- Texas Section 2166.005 - Commission Participation In Other Building Projects
(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...
- Texas Section 2166.006 - Legal Representation Of Commission
(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...
SUBCHAPTER B GENERAL POWERS AND DUTIES OF COMMISSION
- Texas Section 2166.007 - Venue
A suit for breach of a contract under this chapter shall be brought in Travis County. Added by Acts 1995, 74th Leg., ch. 41, Sec....
- Texas Section 2166.051 - Administering Agency
The commission shall administer this chapter. Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
- Texas Section 2166.052 - Acquisition And Disposition Of Property
(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...
- Texas Section 2166.053 - Contract Authority
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...
- Texas Section 2166.054 - Title To And Control Of Buildings; Initial Occupants
(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...
- Texas Section 2166.055 - Eminent Domain
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....
- Texas Section 2166.056 - Grant Of Easement, Franchise, License, Or Right-of-way; Joint Use Agreements
(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...
- Texas Section 2166.057 - Coordination Of Multiagency Projects
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.,...
- Texas Section 2166.058 - Assistance By Other Agencies
(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...
- Texas Section 2166.059 - Assignment Of Commission Employee To Other Agency
(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...
- Texas Section 2166.060 - Site Selection And Construction In Texas Municipalities
(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...
- Texas Section 2166.061 - General Commission Oversight During Construction
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...
- Texas Section 2166.062 - Rulemaking Authority
(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...
SUBCHAPTER C STATEWIDE PLANNING AND REPORTING
- Texas Section 2166.063 - Federal Requirements
(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...
- Texas Section 2166.101 - Compilation Of Construction And Maintenance Information
(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...
- Texas Section 2166.102 - Long-range Plan For State Agency Space Needs
(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....
- Texas Section 2166.103 - Findings On Space Needs
(a) The commission shall continuously survey the state's office space needs to determine the space needed and the location of the need. (b) The commission...
- Texas Section 2166.104 - Summary Of Requested Projects
(a) The commission shall compile a list of and summarize all projects requested under Subchapter D. The commission shall include the summary in the commission's...
- Texas Section 2166.105 - Capitol Complex Master Plan
(a) The commission shall prepare a Capitol Complex master plan that at a minimum includes: (1) an overview and summary of the previous plans for...
- Texas Section 2166.106 - Review Of Proposed Capitol Complex Master Plan By Partnership Advisory Commission
(a) Before a proposed Capitol Complex master plan or proposed update to the plan is submitted and considered approved under Section 2166.1065 and before the...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER D INDIVIDUAL PROJECT ANALYSIS
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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)...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER E PRIVATE DESIGN PROFESSIONALS
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
SUBCHAPTER F PROJECT AUTHORIZATION; BIDDING AND CONTRACT PROCEDURES
- Texas Section 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,...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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 Section 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...
- Texas Section 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...
- Texas Section 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.,...
- Texas Section 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...
- Texas Section 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...
- Texas Section 2166.259 - Small Contractor Participation Assistance Program
(a) This section applies only in relation to a public works project that will involve a contract or aggregated multiple contracts with an estimated cost...
SUBCHAPTER G UNIFORM GENERAL CONDITIONS IN STATE CONSTRUCTION CONTRACTS
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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...
- Texas Section 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)...
SUBCHAPTER H PROJECT INSPECTION
- Texas Section 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...
- Texas Section 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,...
- Texas Section 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....
- Texas Section 2166.353 - Detailed Inspection
(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...
- Texas Section 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...
- Texas Section 2166.355 - Professional Inspection; Related Services
(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:...
SUBCHAPTER I CONSERVATION OF ENERGY AND WATER
- Texas Section 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...
- Texas Section 2166.401 - Evaluation Of Energy Alternatives
(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...
- Texas Section 2166.402 - Energy Or Water Conservation Standards For Entities Otherwise Excluded From Chapter
(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...
- Texas Section 2166.403 - Alternative Energy And Energy-efficient Architectural And Engineering Design In New Building Construction
(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....
- Texas Section 2166.404 - Xeriscape On New Construction
(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...
- Texas Section 2166.405 - Xeriscape Phase-in
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...
- Texas Section 2166.406 - Energy Savings Performance Contracts
(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...
SUBCHAPTER J ACQUISITION OF EXISTING BUILDINGS
- Texas Section 2166.408 - Evaluation Of Architectural And Engineering Design Alternatives
(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...
- Texas Section 2166.451 - Acquisition Of Historic Structures
(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...
- Texas Section 2166.452 - Acquisition Of Existing Building As Alternative To New Construction
(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...
- Texas Section 2166.453 - Acquisition Of Real Property As Alternative To Leasing Space
(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...
- Texas Section 2166.454 - Purchasing Or Obtaining More Favorable Lease With Option To Purchase Agreements With Regard To Certain Leased Space
(a) This section and Sections 2166.4541 and 2166.4542 apply only in relation to space currently occupied by a state agency under one of seven lease...
- Texas Section 2166.4541 - Entering Into More Favorable Lease With Option To Purchase Agreements
(a) Subject to Section 2166.454(b), the commission may issue sale and lease purchase revenue obligations in accordance with this section and use the proceeds of...
SUBCHAPTER K MONUMENTS, MEMORIALS, AND HISTORIC SITES
- Texas Section 2166.4542 - Purchasing Certain Leased Space
(a) Subject to Section 2166.454(b), the commission may purchase any or all of the space described by Section 2166.454(a) in accordance with this section and...
- Texas Section 2166.501 - Monuments And Memorials
(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...
- Texas Section 2166.5011 - Removal, Relocation, Or Alteration Of A Monument Or Memorial
(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...
- Texas Section 2166.502 - Contracts With Texas Historical Commission
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...
SUBCHAPTER L SPECIAL USES AND FACILITIES
- Texas Section 2166.503 - Acquisition Of Archaeological, Paleontological, And Historic Sites
(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...
- Texas Section 2166.551 - Child Care Facility In State Building
(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...
- Texas Section 2166.552 - Fine Arts Projects
(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...
- Texas Section 2166.553 - Acquisition And Construction Of Buildings For Health And Human Services Agencies
(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...
- Texas Section 2166.554 - Lease Of Federal Property For Department Of Public Safety
(a) The Department of Public Safety of the State of Texas may enter into a long-term lease of a portion of federal real property known...