CHAPTER 2166. BUILDING CONSTRUCTION AND ACQUISITION
GOVERNMENT CODE
TITLE 10. GENERAL GOVERNMENT
SUBTITLE D. STATE PURCHASING AND GENERAL SERVICES
CHAPTER 2166. BUILDING CONSTRUCTION AND ACQUISITION
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2166.001. DEFINITIONS. In this chapter:
(1) "Commission" means the Texas Facilities Commission.
(1-a) "Construction" includes acquisition and reconstruction.
(2) "Cost of a project" includes the cost of:
(A) real estate;
(B) other property;
(C) rights and easements;
(D) utility services;
(E) site development;
(F) construction and initial furnishing and equipment;
(G) architectural, engineering, and legal services;
(H) surveys, plans, and specifications; and
(I) other costs, including those incurred by the commission,
that are necessary or incidental to determining the feasibility
or practicability of a project.
(3) "Private design professional" means a design professional as
described by Subdivisions (6)(A) and (B)(ii).
(4) "Project" means a building construction project that is
financed wholly or partly by a specific appropriation, a bond
issue, or federal money. The term includes the construction of:
(A) a building, structure, or appurtenant facility or utility,
including the acquisition and installation of original equipment
and original furnishings; and
(B) an addition to, or alteration, rehabilitation, or repair of,
an existing building, structure, or appurtenant facility or
utility.
(5) "Project analysis" means work done before the legislative
appropriation for a project to develop a reliable estimate of the
cost of the project to be used in the appropriations request.
(6) "Design professional" means an individual registered as an
architect under Chapter 1051, Occupations Code, or a person
licensed as an engineer under Chapter 1001, Occupations Code:
(A) who provides professional architectural or engineering
services and has overall responsibility for the design of a
building construction undertaking; and
(B) who:
(i) is employed on a salary basis; or
(ii) is in private practice and is retained for a specific
project under a contract with the commission.
(7) "Rehabilitation" includes renewal, restoration, extension,
enlargement, and improvement.
(8) "Small construction project" means a project that:
(A) has an estimated value of less than $100,000; and
(B) requires advance preparation of working plans or drawings.
(9) "Staged construction" means the construction of a project in
phases, with each phase resulting in one or more trade packages,
features, buildings, or structures that individually or together
may be built, regardless of whether later phases of the project
are authorized.
(10) "Using agency" means:
(A) an instrumentality of the state that occupies and uses a
state-owned or state-leased building; or
(B) the commission, with respect to a state-owned building
maintained by the commission.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 1329, Sec. 1, eff.
Sept. 1, 1997; Acts 2003, 78th Leg., ch. 309, Sec. 7.39, eff.
June 18, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.778, eff.
Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
937, Sec. 1.31, eff. September 1, 2007.
Sec. 2166.002. APPLICABILITY OF CHAPTER. This chapter applies
only to a building construction project of the state.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 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 constructed by and for a state institution of
higher education;
(3) a pen, shed, or ancillary building constructed by and for
the Department of Agriculture for the processing of livestock
before export;
(4) a project constructed by the Parks and Wildlife Department;
(5) a repair or rehabilitation project, except a major
renovation, of buildings and grounds on the commission inventory;
(6) a repair and rehabilitation project of another using agency,
if all labor for the project is provided by the regular
maintenance force of the using agency under specific legislative
authorization and the project does not require the advance
preparation of working plans or drawings;
(7) a repair and rehabilitation project involving the use of
contract labor, if the project has been excluded from this
chapter by commission rule and does not require the advance
preparation of working plans or drawings;
(8) an action taken by the Texas Commission on Environmental
Quality under Subchapter F or I, Chapter 361, Health and Safety
Code;
(9) a repair, rehabilitation, or construction project on
property owned by the Texas Department of Housing and Community
Affairs or the Texas State Affordable Housing Corporation; or
(10) a project constructed by and for the Veterans' Land Board.
(b) Only Sections 2166.104, 2166.151, 2166.152, 2166.153,
2166.154, 2166.155, 2166.251, 2166.252, and Subchapter H apply to
a construction project undertaken by or for the Texas Department
of Criminal Justice for the imprisonment of individuals convicted
of felonies other than state jail felonies.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 793, Sec. 17, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 980, Sec. 1, eff. Sept.
1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 8.19, eff. Sept. 1,
1999.
Amended by:
Acts 2005, 79th Leg., Ch.
17, Sec. 2, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch.
87, Sec. 25.088, eff. September 1, 2009.
Sec. 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 a
public authority created by the laws of this state; or
(2) a state-aided local government project.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 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 by that section.
(b) A service provided under this section is not subject to the
requirements of Chapter 771. The commission shall establish a
system of charges and billings for services provided to ensure
recovery of the cost of providing the services and shall submit a
purchase voucher or a journal voucher after the close of each
month to an agency for which services were performed.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 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 duties arising under this chapter.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 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. 1, eff. Sept. 1,
1995.
SUBCHAPTER B. GENERAL POWERS AND DUTIES OF COMMISSION
Sec. 2166.051. ADMINISTERING AGENCY. The commission shall
administer this chapter.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 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 buildings for state purposes; and
(2) contract as necessary to accomplish these purposes.
(b) The commission may not sell or otherwise dispose of real
property of the state except by specific authority:
(1) granted by the legislature if the legislature is in session;
or
(2) granted jointly by the governor and the Legislative Budget
Board if the legislature is not in session.
(c) The commission may enter into a contract with the City of
Austin to govern the transfer, sale, or exchange of real property
and interests in real property, including the vacation of street
rights-of-way, easements, and other interests, as necessary or
advantageous to both parties. The agreement may provide for the
transfer, sale, or exchange by one party in favor of the other
for a reasonable value established by the parties and may provide
for a transfer, sale, or exchange to be credited against future
property or interests to be transferred, sold, or exchanged
between the parties. Section 272.001, Local Government Code, does
not apply to a transaction governed by this section.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 587, Sec. 1, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 660, Sec. 1, eff. June
11, 1997.
Sec. 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 of the state building program.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 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 located on the site.
(b) The commission or the legislature shall determine the
initial state agency occupants of a building.
(c) Repealed by Acts 1997, 75th Leg., ch. 658, Sec. 1, eff.
Sept. 1, 1997.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 658, Sec. 1, eff.
Sept. 1, 1997.
Sec. 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. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 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 project
administered by the commission or enter into a joint use
agreement regarding the land if it is necessary to ensure the
efficient and expeditious construction, improvement, renovation,
use, or operation of a building or facility of the project.
(b) The commission shall submit an easement or right-of-way that
may extend beyond the period of construction to the asset
management division of the General Land Office for written
comment not later than the 30th day before the date it is granted
by the commission. The commission may enter into a joint use
agreement or grant a franchise or license at the commission's
discretion and for the period determined by the commission if the
commission determines that the joint use agreement, franchise, or
license is in the best interests of the state and if adequate
consideration is received by the state under the agreement or
under the terms of the franchise or license.
(c) The commission shall consider comments submitted by the
asset management division of the General Land Office before
granting an easement or right-of-way.
(d) The commission shall approve all joint use agreements,
franchises, and licenses under this section by a majority vote in
an open meeting.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 1999, 76th Leg., ch. 1437, Sec. 1, eff.
June 19, 1999.
Sec. 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., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 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 Department of
Transportation to make appropriate tests and analyses of the
natural materials at the site of a building proposed to be
constructed under this chapter to ensure that the foundation of
the building is adequate for the building's life.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 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 agree that full-time coordination
between them is beneficial. The commission and using agency shall
jointly determine the qualifications and duties of the assigned
employee.
(b) The salary and related expenses of an assigned employee
shall be charged against the projects of the using agency to
which the employee is assigned.
(c) The commission shall terminate the assignment if the
commission determines it is not required.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 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 if the construction is
considered necessary to house a state department or agency in the
municipality.
(b) The commission may plan, construct, and initially equip a
state office building and adjoining parking spaces on the site
selected and purchased.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 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 Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 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 on a state
agency on filing of the rule with the secretary of state.
(c) The commission shall prepare and publish a manual to assist
using agencies in complying with this chapter and commission
rules.
(d) Copies of the manual required by this section shall be:
(1) distributed to using agencies; and
(2) available to architects, engineers, contractors, and others
who need and request copies.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 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 procedure of a federal agency if a waiver,
suspension, or modification is essential to receive federal money
for a project.
(b) If a project is wholly financed with federal money, a
standard required by an enabling federal statute or required by a
rule or regulation of the administering federal agency controls.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
SUBCHAPTER C. STATEWIDE PLANNING AND REPORTING
Sec. 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 apply
to a building owned by an institution of higher education as
defined by Section 61.003, Education Code.
(b) The commission shall biennially obtain the following
information for each state-owned building from the using agency:
(1) the year of completion;
(2) the general construction type;
(3) the size;
(4) the use; and
(5) the general condition.
(c) The commission shall, for a building completed on or after
September 1, 1979, obtain from a using agency information showing
the total cost of the project and the cost of construction with
other information necessary to meaningfully compare the cost of
similar buildings.
(d) The commission shall summarize its findings on the status of
state-owned buildings and current information on construction
costs in a report it shall make available to the governor, the
legislature, and the state's budget offices.
(e) State agencies, departments, and institutions shall
cooperate with the commission in providing the information
necessary for the report.
(f) Repealed by Acts 2003, 78th Leg., ch. 1266, Sec. 5.05.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 2001, 77th Leg., ch. 118, Sec. 4.01, eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1266, Sec. 5.04, 5.05,
eff. June 20, 2003.
Sec. 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.
(b) The commission shall maintain a six-year capital planning
cycle and shall file a master facilities plan with the Governor's
Office of Budget and Planning, the Legislative Budget Board, and
the comptroller before July 1 of each even-numbered year.
(c) The master facilities plan must contain:
(1) projections of the amount of administrative office space and
client service space needed by state agencies;
(2) an examination of the use, age, condition, and economic life
of state-owned buildings on the commission's inventory;
(3) an analysis, in accordance with Subchapter D, of projects
that have been requested by state agencies;
(4) an examination of the extent to which the state satisfies
its need for space by leasing building space;
(5) an examination of state-paid operation and maintenance
costs, including costs for telecommunications services, for
existing buildings owned or leased by the state;
(6) a discussion of the economic and market conditions affecting
the costs of the construction or lease of buildings;
(7) an analysis of whether the state will benefit more from
satisfying its needs for space by:
(A) engaging in new projects;
(B) leasing built space; or
(C) satisfying its needs in another manner;
(8) an examination of the amount of exempt and nonexempt office
space under Section 2165.104(c); and
(9) other information relevant to the long-range plan that is:
(A) considered appropriate by the commission; or
(B) requested in writing by the governor or the presiding
officer of either house of the legislature.
(d) Each state agency housed wholly or partly in a facility on
the commission's inventory or in a facility leased by the
commission shall participate in the long-range planning process
required by this section.
(e) For purposes of this section, "administrative office space"
has the meaning assigned by Section 2165.1061.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 1398, Sec. 2, eff.
Sept. 1, 1997.
Sec. 2166.103. BIENNIAL REPORT 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) Before each legislative session, the commission shall send
to the governor, the lieutenant governor, the speaker of the
house of representatives, and the Legislative Budget Board a
report identifying counties in which more than 50,000 square feet
of usable office space is needed and the commission's
recommendations for meeting that need. The commission may
recommend leasing or purchasing and renovating one or more
existing buildings or constructing one or more buildings.
(c) The commission may collect appropriate information it
considers necessary for preparing its recommendations and report.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 2166.104. BIENNIAL REPORT ON REQUESTED PROJECTS. (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 shall send to the budget agencies a report listing
all projects requested under Subchapter D.
(b) The report must contain:
(1) a brief and specific justification prepared by the using
agency for each project;
(2) a summary of the project analysis or, if the analysis was
not made, a statement briefly describing the method used to
estimate costs for the project;
(3) a project cost estimate developed in accordance with
Subchapter D, detailed enough to allow the budget agencies, the
governor, and the legislature the widest possible latitude in
developing policy regarding each project request;
(4) an estimate, prepared by the commission with the cooperation
of both the using agency and any private design professional
retained, of the annual cost of maintaining the completed
project, including the estimated cost of utility services; and
(5) an estimate, prepared by the using agency, of the annual
cost of staffing and operating the completed project, excluding
maintenance cost.
(c) If appropriate, the commission, with the using agency's
approval, may indicate:
(1) the feasibility of stage construction of a requested
project; and
(2) the degree to which money will be required in the next
biennium if the project is undertaken in stages.
(d) If a using agency requests three or more projects, it shall
designate its priority rating for each project. The budget
agencies shall, with the commission's cooperation, develop
detailed instructions to implement the priority system required
by this subsection. The commission's report must show the
designated priority of each project to which a priority rating
has been assigned.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
SUBCHAPTER D. INDIVIDUAL PROJECT ANALYSIS
Sec. 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 the using agency requests that a portion of the cost of
the project be used for fine arts projects at or near the site of
the project as provided by Section 2166.552.
(b) The commission shall study a project description sent to it
and shall initiate the preparation of a project analysis for:
(1) a new construction project; and
(2) any other project for which, in the commission's opinion,
the cost of preparing a project analysis is justified.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.06(a),
eff. Sept. 1, 1997.
Sec. 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 to prepare a project
analysis shall be selected as provided by Subchapter E.
(c) In preparing a project analysis, the commission and any
private design professional it retains shall cooperate and work
closely with the using agency so that the project analysis fully
reflects the using agency's needs.
(d) A contract to prepare a project analysis must specify that
the analysis becomes the commission's property.
(e) Money appropriated by the legislature may not be used for a
capital construction project for which a project analysis
described by this section is required until the analysis is filed
with the Legislative Budget Board, the budget division of the
governor's office, and the comptroller.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 1999, 76th Leg., ch. 281, Sec. 9, eff.
Sept. 1, 1999.
Sec. 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) a detailed estimate of the amount of space needed to meet
the needs of the using agency and to allow for realistic growth;
(3) a description of the proposed project prepared by a design
professional that:
(A) includes schematic plans and outline specifications
describing the type of construction and probable materials to be
used; and
(B) is sufficient to establish the general scope and quality of
construction;
(4) an estimate of the probable cost of construction;
(5) a description of the proposed site of the project and an
estimate of the cost of site preparation;
(6) an overall estimate of the cost of the project, including
necessary funding for life-cycle costing, whole building
integrated design, commissioning, and postoccupancy building
performance verification;
(7) information prepared under Section 2166.451 about historic
structures considered as alternatives to new construction;
(8) an evaluation of energy alternatives and energy-efficient
architectural and engineering design alternatives as required by
Sections 2166.401, 2166.403, and 2166.408; and
(9) other information required by the commission.
(b) A project analysis may include two or more alternative
proposals for meeting the using agency's space needs by:
(1) new construction;
(2) the acquisition and rehabilitation of an existing or
historic structure; or
(3) a combination of new and existing structures.
(c) If any part of a project involves the construction or
rehabilitation of a building that is to be used primarily as a
parking garage or for office space for state government, the
project analysis also must include:
(1) a description of the amount and location of space in the
building that can be made available for lease to private tenants
under Subchapter E, Chapter 2165; or
(2) a statement of the reason that lease of space in the
building to private tenants is not feasible.
(d) All estimates involved in the preparation of a project
analysis shall be carefully and fully documented and incorporated
into the project analysis.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Amended by:
Acts 2005, 79th Leg., Ch.
856, Sec. 2, eff. June 17, 2005.
Sec. 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 the basis of a
request to the state's budget offices.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 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 agency, develop a realistic
estimate of the project's cost.
(b) If necessary, the commission shall arrange for an on-site
inspection and analysis of the proposed project by a commission
staff member.
(c) The commission shall inform a using agency of a cost
estimate developed under this section.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 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 selected and retained by the
commission in accordance with Subchapter E; or
(2) unless the commission is required to retain a design
professional under Subsection (b), the commission's professional
staff.
(b) The commission shall retain a private design professional
for:
(1) a new construction project estimated to cost more than
$100,000; or
(2) a new construction project for which the using agency
requests a private design professional.
(c) The commission shall ensure that plans and specifications:
(1) are clear and complete;
(2) permit execution of the project with appropriate economy and
efficiency; and
(3) conform with the requirements described by the previously
prepared project analysis.
(d) The commission must approve plans and specifications before
the using agency may accept or use them.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 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 are the first
charge against the project for which the analysis was made.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
SUBCHAPTER E. PRIVATE DESIGN PROFESSIONALS
Sec. 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 the Texas Board of
Architectural Examiners and the Texas Board of Professional
Engineers, shall adopt by rule criteria to evaluate the
competence and qualifications of a prospective private design
professional.
(c) The commission shall select a private design professional in
accordance with a rule adopted under this section and the ethical
standards of the professional societies of architects and
engineers.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.779,
eff. Sept. 1, 2003.
Sec. 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 selection not later
than the 30th day before the date of the interview to allow
preparation for the interview.
(b) The commission shall notify a private design professional
selected for an interview on a small construction project of the
person's selection not later than the 14th day before the date of
the interview to allow preparation for the interview.
(c) Subsections (a) and (b) do not apply in an emergency
situation that:
(1) presents an imminent peril to the public health, safety, or
welfare;
(2) presents an imminent peril to property;
(3) requires expeditious action to prevent a hazard to life,
health, safety, welfare, or property; or
(4) requires expeditious action to avoid undue additional cost
to the state.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 1329, Sec. 2, eff.
Sept. 1, 1997.
Sec. 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
professional to be retained for a particular project.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.07, eff.
Sept. 1, 1997.
Sec. 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 or rehabilitation project by studying compensation paid
in this state by private clients for projects of comparable size
and complexity. Compensation may not exceed the minimum
recommended for similar projects by the:
(1) Texas Society of Architects, if the private design
professional is an architect; or
(2) Texas Society of Professional Engineers, if the private
design professional is an engineer.
(c) Compensation established by the commission covers all
professional services rendered by a private design professional,
including professional inspection as defined by Section 2166.351.
If the commission requires detailed inspection as defined by
Section 2166.351, the commission shall increase compensation by
an amount equal to the actual cost of providing the detailed
inspection.
(d) Compensation for preparation of a project analysis under
Subchapter D may not exceed one percent of the estimated cost of
construction. If the project is approved by the legislature in
substantially the form originally requested and the same private
design professional is retained for the later phases of design,
compensation paid for preparing the project analysis under this
subsection shall be deducted from compensation paid under
Subsections (b) and (c).
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 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, use of, and general requirements for
the project; and
(2) a complete site survey and soil analysis.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
SUBCHAPTER F. PROJECT AUTHORIZATION; BIDDING AND CONTRACT
PROCEDURES
Sec. 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 to be constructed by the
commission, in which event the appropriation is to the
commission.
(c) An appropriation for the construction of a project expresses
the legislative intent that the project be completed within the
limits of the appropriation.
(d) If the legislative authorization provides for stage
construction of a project, the commission shall proceed with the
project through the specifically authorized stage.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 2166.2511. DEFINITIONS. 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 for a project
means a sole proprietorship, partnership, corporation, or other
legal entity that assumes the risk for constructing,
rehabilitating, altering, or repairing all or part of the project
at the contracted price.
(3) "Engineer" means an individual licensed as an engineer under
Chapter 1001, Occupations Code.
(4) "Facility" means buildings or structures the design and
construction of which is governed by accepted building codes. The
term does not include:
(A) highways, roads, streets, bridges, utilities, water supply
projects, water plants, wastewater plants, water and wastewater
distribution or conveyance facilities, wharves, docks, airport
runways and taxiways, drainage projects, or related types of
projects associated with civil engineering construction; or
(B) buildings or structures that are incidental to projects that
are primarily civil engineering construction projects.
(5) "Fee" in the context of a contract for a project means the
payment a construction manager receives for its overhead and
profit in performing its services.
(6) "General conditions" in the context of a contract for a
project means on-site management, administrative personnel,
insurance, bonds, equipment, utilities, and incidental work,
including minor field labor and materials.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 9.01, eff. Sept. 1,
2001. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 14A.780,
eff. Sept. 1, 2003.
Sec. 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 originally submitted to the state budget agencies, the
commission and the using agency shall confer on how to bring the
project cost within the amount appropriated. The commission and
the using agency shall make every effort to comply with
legislative intent to modify the project as originally submitted.
(b) The commission shall notify the using agency that it
considers the project canceled if it is impossible to modify the
project to bring the cost within the amount appropriated.
(c) If authorized by an act appropriating money for a project, a
using agency may appeal the decision of the commission to cancel
a project to the governor by submitting a request that:
(1) the project be undertaken as stage construction; or
(2) the money available for the project be supplemented by the
transfer of money appropriated to the same using agency for other
projects of equal or lower priority or from the unused
contingency reserves of any project of the same using agency.
(d) The governor shall, after obtaining the advice of the
Legislative Budget Board, rule on a request submitted under
Subsection (c). If the ruling favors the using agency, the
commission shall proceed with the project.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995.
Sec. 2166.2525. DETERMINATION OF CONTRACTING METHOD. 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. In developing the rules,
the commission shall solicit advice and comment from design and
construction professionals regarding the criteria the commission
will use in determining which contracting method is best suited
for a project.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 9.02, eff. Sept. 1,
2001.
Sec. 2166.2526. EVALUATION OF BIDS AND PROPOSALS FOR
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) Under each method of contracting, the commission shall base
its selection among the offerors on criteria established by the
commission. The commission shall publish in the request for bids,
proposals, or qualifications all of the criteria that will be
used to evaluate the offerors.
(c) The commission shall document the basis of its selection of
an offeror and shall make the evaluations public not later than
the seventh day after the date the contract is awarded.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 9.03, eff. Sept. 1,
2001.
Sec. 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
by Subsections (b)-(g).
(b) After final approval of a project's working plans and
specifications and their acceptance by a using agency, the
commission shall advertise in one newspaper of general
circulation and the Texas Register for bids or proposals for the
construction of and related work on the project.
(c) Except as provided by Subsection (d), the commission shall
allow bidders not less than 30 days after the date the commission
issues the bid documents to respond to an invitation to bid.
(d) The commission shall allow bidders for small construction
projects not less than 14 days after the date the commission
issues the bid documents to respond to an invitation to bid.
(e) The commission may shorten the time for response to prevent
undue additional costs to a state agency or, for emergency
projects, to prevent or remove a hazard to life or property.
(f) A contract shall be awarded to the qualified bidder making
the lowest and best bid in accordance with the law on awarding a
state contract.
(g) The commission may reject all bids.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1,
1995. Amended by Acts 1997, 75th Leg., ch. 1329, Sec. 3, eff.
Sept. 1, 1997; Acts 2001, 77th Leg., ch. 1422, Sec. 9.04, eff.
Sept. 1, 2001.
Sec. 2166.2531. DESIGN-BUILD METHOD. (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 firm" means a partnership, corporation, or
other legal entity or team that includes an engineer or architect
and a builder qualified to engage in building construction in
this state.
(3) "Design criteria package" means a set of documents that
provides sufficient information to permit a design-build firm to
prepare a response to the commission's request for qualifications
and any additional information requested, including criteria for
selection. The design criteria package must specify criteria the
commission considers necessary to describe the project and may
include, as appropriate, the legal description of the site,
survey information concerning the site, interior space
requirements, special material requirements, material quality
standards, conceptual criteria for the project, special equipment
requirements, cost or budget estimates, time schedules, quality
assurance and quality control requirements, site development
requirements, applicable codes and ordinances, provisions for
utilities, parking requirements, or any other requirement, as
applicable.
(b) The commission may use the design-build method for a
project. In using that method and in entering into a contract for
the services of a design-build firm, the commission and the
design-build firm shall follow the procedures provided by
Subsections (c)-(k).
(c) The commission shall designate an engineer or architect to
act as its representative. If the commission's engineer or
architect is not a full-time employee of the commission, any
engineer or architect designated shall be selected on the basis
of demonstrated competence and qualifications in accordance with
Subchapter A, Chapter 2254.
(d) The commission shall prepare a request for qualifications
that includes general information on the project site, project
scope, special systems, selection criteria, and other information
that may assist potential design-build firms in submitting
proposals for the project. The commission shall also prepare a
design criteria package that includes more detailed information
on the project. If the preparation of the design criteria package
requires engineering or architectural services that constitute
the practice of engineering within the meaning of Chapter 1001,
Occupations Code, or the practice of architecture within the
meaning of Chapter 1001, Occupations Code, those services shall
be provided in accordance with the applicable law.
(e) The commission or its representative shall publish the
request for qualifications in a manner prescribed by the
commission.
(f)(1) The commission or its representative shall evaluate
statements of qualifications and select a design-build firm in
two phases.
(2) In phase one, the commission or its representative shall
prepare a request for qualifications and evaluate each offeror's
experience, technical competence, and capability to perform, the
past performance of the offeror's team and members of the team,
and other appropriate factors submitted by the team or firm in
response to the request for qualifications, except that
cost-related or price-related evaluation factors are not
permitted. Each offeror must certify to the commission that each
engineer or architect that is a member of its team was selected
based on demonstrated competence and qualifications. The
commission or its representative shall qualify a maximum of five
offerors to submit additional information and, if the commission
or its representative chooses, to interview for final selection.
(3) In phase two, the commission or its representative shall
evaluate the information submitted by the offerors on the basis
of the selection criteria stated in the request for
qualifications and the results of any interview. The commission
or its representative may request additional information
regarding demonstrated competence and qualifications,
considerations of the safety and long-term durability of the
project, the feasibility of implementing the project as proposed,
the ability of the offeror to meet schedules, costing
methodology, or other factors as appropriate. The commission or
its representative may not require offerors to submit detailed
engineering or architectural designs as part of the proposal. The
commission or its representative shall rank each proposal
submitted on the basis of the criteria specified in the request
for qualifications. The commission or its representative shall
select the design-build firm that submits the proposal offering
the best value for the commission or using agency on the basis of
the published selection criteria and on its ranking evaluations.
The commission or its representative shall first attempt to
negotiate a contract with the selected offeror. If the commission
or its representative is unable to negotiate a satisfactory
contract with the selected offeror, the commission shall,
formally and in writing, end all negotiations with that offeror
and proceed to negotiate with the next offeror in the order of
the selection ranking until a contract is reached or negotiations
with all ranked offerors end.
(g) Following selection of a design-build firm under Subsection
(f), that firm's engineers or architects shall complete the
design, submitting all design elements for review and
determination of scope compliance by the commission's engineer or
architect before or concurrently with the beginning of
construction.
(h) An engineer shall have responsibility for compliance with
the engineering design requirements and all other applicable
requirements of Chapter 1001, Occupations Code. An architect
shall have responsibility for compliance with the requirements of
Chapter 1051, Occupations Code.
(i) The commission shall provide or contract for, independently
of the design-build firm, the inspection services, the testing of
construction materials engineering, and the verification testing
services necessary for acceptance of the facility by the
commission. The commission shall select those services for which
it contracts in accordance with Section 2254.004.
(j) The design-build firm shall supply a signed and sealed set
of construction documents for the project to the commission at
the conclusion of construction.
(k) A payment or performance bond is not required for, and may
not provide coverage for, the portion of a design-build contract
under this section that includes design services only. If a fixed
contract amount or guaranteed maximum price has not been
determined at the time a design-build contract is awarded, the
penal sums of the performance and payment bonds delivered to the
commission shall each be in an amount equal to the project
budget, as specified in the design criteria package. The
design-build firm shall deliver the bonds not later than the 10th
day after the date the design-build firm executes the contract
unless the design-build firm furnishes a bid bond or other
financial security acceptable to the commission to ensure that
the design-build firm will furnish the required performance and
payment bonds when a guaranteed maximum price is established.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 9.05, eff. Sept. 1,
2001. Amended by Acts 2003, 78th Leg., ch. 309, Sec. 7.40, eff.
June 18, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.781, eff.
Sept. 1, 2003.
Sec. 2166.2532. CONSTRUCTION MANAGER-AT-RISK METHOD. (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 of a construction manager-at-risk, the commission
shall follow the procedures prescribed by this section.
(b) A construction manager-at-risk is a sole proprietorship,
partnership, corporation, or other legal entity that assumes the
risk for construction, rehabilitation, alteration, or repair of a
facility at the contracted price as a general contractor and
provides consultation to the commission regarding construction
during and after the design of the facility.
(c) Before or concurrently with selecting a construction
manager-at-risk, the commission shall select or designate an
engineer or architect who shall prepare the construction
documents for the project and who has full responsibility for
complying with Chapter 1001 or 1051, Occupations Code, as
applicable. If the engineer or architect is not a full-time
employee of the commission, the commission shall select the
engineer or architect on the basis of demonstrated competence and
qualifications as provided by Section 2254.004. The commission's
engineer or architect for a project may not serve, alone or in
combination with another, as the construction manager-at-risk
unless the engineer or architect is hired to serve as the
construction manager-at-risk under a separate or concurrent
procurement conducted in accordance with this subchapter. This
subsection does not prohibit a commission engineer or architect
from providing customary construction phase services under the
engineer's or architect's original professional service agreement
in accordance with applicable licensing laws.
(d) The commission shall provide or contract for, independently
of the construction manager-at-risk, the inspection services, the
testing of construction materials engineering, and the
verification testing services necessary for acceptance of the
facility by the commission. The commission shall select those
services for which it contracts in accordance with Section
2254.004.
(e) The commission shall select the construction manager-at-risk
in either a one-step or two-step process. The commission shall
prepare a request for proposals, in the case of a one-step
process, or a request for qualifications, in the case of a
two-step process, that includes general information on the
project site, project scope, schedule, selection criteria, and
the time and place for receipt of proposals or qualifications, as
applicable; a statement as to whether the selection process is a
one-step or two-step process; and other information that may
assist the commission in its selection of a construction
manager-at-risk. The commission shall state the selection
criteria in the request for proposals or qualifications, as
applicable. The selection criteria may include the offeror's
experience, past performance, safety record, proposed personnel
and methodology, and other appropriate factors that demonstrate
the capability of the construction manager-at-risk. If a one-step
process is used, the commission may request, as part of the
offeror's proposal, proposed fees and prices for fulfilling the
general conditions. If a two-step process is used, the commission
may not request fees or prices in step one. In step two, the
commission may request that five or fewer offerors, selected
solely on the basis of qualifications, provide additional
information, including the construction manager-at-risk's
proposed fee and its price for fulfilling the general conditions.
(f) The commission shall publish the request for qualifications
in a manner prescribed by the commission.
(g) At each step, the commission shall receive, publicly open,
and read aloud the names of the offerors. Within 45 days after
the date of opening the proposals, the commission or its
representative shall evaluate and rank each proposal submitted in
relation to the criteria set forth in the request for proposals.
(h) The commission or its representative shall select the
offeror that submits the proposal that offers the best value for
the commission or using agency based on the published selection
criteria and on its ranking evaluation. The commission or its
representative shall first attempt to negotiate a contract with
the selected offeror. If the commission or its representative is
unable to negotiate a satisfactory contract with the selected
offeror, the commission or its representative shall, formally and
in writing, end negotiations with that offeror and proceed to
negotiate with the next offeror in the order of the selection
ranking until a contract is reached or negotiations with all
ranked offerors end.
(i) A construction manager-at-risk shall publicly advertise, in
the manner prescribed by the commission, and receive bids or
proposals from trade contractors or subcontractors for the
performance of all major elements of the work other than the
minor work that may be included in the general conditions. A
construction manager-at-risk may seek to perform portions of the
work itself if the construction manager-at-risk submits its bid
or proposal for those portions of the work in the same manner as
all other trade contractors or subcontractors and if the
commission determines that the construction manager-at-risk's bid
or proposal provides the best value for the commission or using
agency.
(j) The construction manager-at-risk and the commission or its
representative shall review all trade contractor or subcontractor
bids or proposals in a manner that does not disclose the contents
of the bid or proposal during the selection process to a person
not employed by the construction manager-at-risk, engineer,
architect, or commission. All bids or proposals shall be made
public after the award of the contract or within seven days after
the date of final selection of bids and proposals, whichever is
later.
(k) If the construction manager-at-risk reviews, evaluates, and
recommends to the commission a bid or proposal from a trade
contractor or subcontractor but the commission requires another
bid or proposal to be accepted, the commission shall compensate
the construction manager-at-risk by a change in price, time, or
guaranteed maximum cost for any additional cost and risk that the
construction manager-at-risk may incur because of the
commission's requirement that another bid or proposal be
accepted.
(l) If a selected trade contractor or subcontractor defaults in
the performance of its work or fails to execute a subcontract
after being selected in accordance with this section, the
construction manager-at-risk may, without advertising, itself
fulfill the contract requirements or select a replacement trade
contractor or subcontractor to fulfill the contract requirements.
(m) If a fixed contract amount or guaranteed maximum price has
not been determined at the time the contract is awarded, the
penal sums of the performance and payment bonds delivered to the
commission must each be in an amount equal to the project budget,
as set forth in the request for qualifications. The construction
manager-at-risk shall deliver the bonds not later than the 10th
day after the date the construction manager-at-risk executes the
contract unless the construction manager-at-risk furnishes a bid
bond or other financial security acceptable to the commission to
ensure that the construction manager-at-risk will furnish the
required performance and payment bonds when a guaranteed maximum
price is established.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 9.06, eff. Sept. 1,
2001. Amended by Acts 2003, 78th Leg., ch. 309, Sec. 7.41, eff.
June 18, 2003; Acts 2003, 78th Leg., ch. 1229, Sec. 2, eff. Sept.
1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.782, eff. Sept.
1, 2003.
Sec. 2166.2533. COMPETITIVE SEALED PROPOSAL METHOD. (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 or designate an engineer or
architect to prepare construction documents for the project. The
selected or designated engineer or architect has full
responsibility for complying with Chapter 1001 or 1051,
Occupations Code, as applicable. If the engineer or architect is
not a full-time employee of the commission, the commission shall
select the engineer or architect on the basis of demonstrated
competence and qualifications as provided by Section 2254.004.
(c) The commission shall provide or contract for, independently
of the contractor, the inspection services, the testing of
construction materials engineering, and the verification testing
services necessary for acceptance of the facility by the
commission. The commission shall select those services for which
it contracts in accordance with Section 2254.004 and shall
identify them in the request for proposals.
(d) The commission shall prepare a request for competitive
sealed proposals that includes construction documents, selection
criteria, project scope, schedule, and other information that
contractors may require to respond to the request. The commission
shall state in the request for proposals all of the selection
criteria that will be used in selecting the successful offeror.
(e) The commission shall publish notice of the request for
proposals in a manner prescribed by the commission.
(f) The commission shall receive, publicly open, and read aloud
the names of the offerors. Within 45 days after the date of
opening the proposals, the commission shall evaluate and rank
each proposal submitted in relation to the published selection
criteria.
(g) The commission shall select the offeror that offers the best
value for the commission or using agency based on the published
selection criteria and on its ranking evaluation. The commission
shall first attempt to negotiate a contract with the selected
offeror. The commission and its engineer or architect may discuss
with the selected offeror options for a scope or time
modification and any price change associated with the
modification. If the commission is unable to reach a contract
with the selected offeror, the commission shall, formally and in
writing, end negotiations with that offeror and proceed to the
next offeror in the order of the selection ranking until a
contract is reached or all proposals are rejected.
(h) In determining the best value for the commission or using
agency, the commission is not restricted to considering price
alone but may consider any other factor stated in the selection
criteria.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 9.07, eff. Sept. 1,
2001. Amended by Acts 2003, 78th Leg., ch. 309, Sec. 7.42, eff.
June 18, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 14A.783, eff.
Sept. 1, 2003.
Sec. 2166.2535. CONSTRUCTION MANAGER-AGENT. (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 of a construction manager-agent, the commission shall
follow the procedures prescribed by this section.
(b) A construction manager-agent is a sole proprietorship,
partnership, corporation, or other legal entity that provides
consultation to the commission regarding construction,
rehabilitation, alteration, or repair of a facility. The
commission, when using the construction manager-agent method,
may, under the contract between the commission and the
construction manager-agent, require the construction
manager-agent to provide administrative personnel, equipment
necessary to perform duties under this section, and on-site
management and other services specified in the contract. A
construction manager-agent represents the commission in a
fiduciary capacity.
(c) Before or concurrently with selecting a construction
manager-agent, the commission shall select or designate an
engineer or architect who shall prepare the construction
documents for the project and who has full responsibility for
complying with Chapter 1001 or 1051, Occupations Code, as