85R8362 PAM-D     By: Uresti H.B. No. 3486       A BILL TO BE ENTITLED   AN ACT   relating to requirements regarding commissioning agent fees   related to school district contracts for construction services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 44, Education Code, is   amended by adding Section 44.0332 to read as follows:          Sec. 44.0332.  COMMISSIONING AGENT FEES RELATED TO SCHOOL   DISTRICT CONTRACTS FOR CONSTRUCTION SERVICES. (a) In this   section:                (1)  "Commissioning agent" means a person who, in   connection with a school district construction contract:                      (A)  is retained by the school district to verify   that a construction project and building systems conform to the   district's requirements and the architects' and engineers' design   specifications; and                      (B)  is responsible for leading and managing the   design or construction process and works closely with the design,   construction, or operational teams throughout the design,   construction, or post-construction phases of a construction   project.                (2)  "Project cost" means a cost or expense incurred in   relation to a school district construction project.  The term:                      (A)  includes:                            (i)  the cost of design, planning, and   engineering;                            (ii)  construction cost; and                            (iii)  the cost of machinery, equipment, and   other capital assets incidental and related to the operation,   maintenance, and administration of the project; and                      (B)  does not include a fee for leading and   managing the design or construction process of the project.          (b)  A commissioning agent may not receive a fee of more than   1.5 percent of the project cost under a contract for construction   services unless the commissioner:                (1)  approves the fee; and                (2)  monitors the services provided to the school   district by the commissioning agent.          (c)  A commissioning agent that is subject to monitoring   under Subsection (b)(2) shall provide the commissioner with any   documentation the commissioner requests for purposes of monitoring   the commissioning agent's services.          SECTION 2.  Section 44.0332, Education Code, as added by   this Act, applies only to a commissioning agent fee related to a   school district construction contract executed on or after the   effective date of this Act. A commissioning agent fee related to a   school district construction contract executed before the   effective date of this Act is governed by the law in effect when the   contract was executed, and the former law is continued in effect for   that purpose.          SECTION 3.  This Act takes effect September 1, 2017.