Texas 2023 - 88th Regular

Texas House Bill HB2854

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to change order limits for construction contracts.

Impact

The amendment alters Section 271.060 of the Local Government Code, a significant area governing construction contracts for local governments. With a higher cap for change orders, the bill is poised to facilitate smoother project management and execution, allowing for more leeway in addressing unforeseen circumstances that often arise in construction endeavors. This change aims to reduce the bureaucratic hurdles that local entities face when managing budgets within construction contracts and is expected to streamline operations for municipalities and other governing bodies.

Summary

House Bill 2854, introduced by Representative Gervin-Hawkins, focuses on amending existing regulations concerning change order limits for construction contracts in Texas. The primary objective of this legislation is to increase the financial thresholds and guidelines regarding change orders, especially for contracts with original prices below $5 million. The bill proposes that such contracts may not be increased in total by more than 50 percent or by an additional $1 million, providing more flexibility for local governments while ensuring fiscal responsibility and oversight in public construction projects.

Sentiment

The sentiment around HB 2854 appears to be largely positive among proponents who see it as a necessary step towards more efficient local governance and contract administration. Advocates argue that by raising the limits on change orders, the legislation helps local governments better manage projects without facing excessive logistical delays. However, some concerns may arise related to accountability and the possibility of cost overruns that could affect public funds, indicating that oversight mechanisms must be strengthened alongside these changes.

Contention

While the bill aims to enhance flexibility for local governments, it raises points of contention regarding how increased change order limits may impact public spending and contract management. Opponents may argue that the shifts in financial thresholds could lead to less oversight and potential misuse of funds, necessitating clear guidelines for accountability. Additionally, the bill applies only to contracts entered into after its effective date, implying that existing contracts will not be affected, which may provoke discussions on transitional arrangements for currently active projects.

Companion Bills

No companion bills found.

Previously Filed As

TX HB386

Relating to change order limits for certain construction contracts.

TX AB2033

An act to add and repeal Article 4.1 (commencing with Section 20176) of Chapter 1 of Part 3 of Division 2 of the Public Contract Code, relating to public contracts.

TX S10020

Increases the interest rate for late payments due on construction contracts from one to two percent; includes a change order as part of the definition of construction contract; defines change order; repeals exceptions for lower Manhattan construction contracts.

TX A11223

Increases the interest rate for late payments due on construction contracts from one to two percent; includes a change order as part of the definition of construction contract; defines change order; repeals exceptions for lower Manhattan construction contracts.

TX HB3860

Relating to construction contractors; prescribing an effective date.

TX AB1658

An act to amend and repeal Sections 20142, 20395, 20405, 20614, and 20998 of the Public Contract Code, relating to public contracts.

TX AB1786

An act to amend Sections 20155, 20155.1, 20155.3, 20155.4, 20155.5, 20155.6, 20155.7, and 20155.9 of, and to amend the heading of Article 3.7 (commencing with Section 20155) of Chapter 1 of Part 3 of Division 2 of, the Public Contract Code, relating to public contracts.

TX HB4010

Relating to required payments for changes to the scope of work on construction contracts; prescribing an effective date.

TX SB757

Relating to government construction contracts

TX S1262

Construction Contracting

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