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TEXAS CEC

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TEXAS CEC

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    1. TEXAS CEC Review of 81st Legislature June 12, 2009

    2. What Happened?

    3. Overview What Passed What Didn’t Pass The Transportation Debacle and the Effect on the Marketplace Where to From Here?

    4. What Passed: Statute of Repose SB 2141 (Wentworth and Hughes) Clarifies that the statute of repose for engineers and architects is 10 years and that period for joinder of a responsible third party doesn’t apply after 10 years

    5. What Passed: Practice of Engineering HB 2649 by W. Smith and Deuell Modifies the residential structure exemption in TEPA so that it doesn’t apply to Design and inspection to comply with windstorm certification standards or Engineering design associated with the design of slabs on certain expansive soils.

    6. Practice of Engineering (cont.) A P.E. may not be required to have any additional certification other than a P.E. license to seal an engineering plan, specification, plat, or report.

    7. What Passed: Certificate of Merit SB 1201 by Carona and Lewis Maintains requirement for same professional license Modifies the current law requiring practice in the same area to require a filer to be knowledgeable in the area of practice and offering testimony based on knowledge, skill, experience, education and practice

    8. Certificate of Merit (cont.) Clarifies that the statute applies not just to negligence but any action arising out of professional practice

    9. What Passed: Comptroller Study on DOT Staffing Appropriations Bill (SB1) Rider 57 Comptroller, working with others, to produce a report by January 1, 2010 covering # of DOT PEs by strategy and function Dollar volume of highway/bridge projects awarded last five years

    10. DOT Staffing (cont.) Cost, including direct and indirect cost, per $100 million of construction, of plans produced by TxDOT and consultants Analysis of dollar volume impact to department’s budget of one percent increase in production by consultants offset by reduction by TxDOT personnel Recommended staffing and consultant utilization plan/attrition plan

    11. What Passed: Other Removal of Requirement That TxDOT E.D. be a P.E. (SB 970 Seliger/Phillips) TxDOT Authority for Rail Planning (SB 1382 Carona/McClendon) Civil Design-Build Clarification (SB 229 by West/Callegari)

    12. What Passed: Other (cont.) Access Management Changes (SB 1609 by Hegar and Callegari) – Appeals process, recognition of properly platted access points, criteria for variances. Disaster Preparedness (HB 1831 by Corte/ Carona) – State plan must include planning for emergency power for critical water/wastewater

    13. What Passed: Other (cont.) Local Government Procurement (HB 987 by Creighton and West) – includes provision authorizing awards against local governments for attorney’s fees in breach of contract Military Sustainability Commissions (HB 2910 by King and Fraser)

    14. What Passed: Other (cont.) Public Improvement Districts (SB 978 by West and Elkins) TIF Funds for Projects Benefitting Reinvestment Zones (SB 576 by Davis and T. Smith) – allows spending on infrastructure in and out of zone Projects of Development Corporations (SB 2052 by Estes and Parker) - railports

    15. Did Not Pass QBS Changes ! ! Construction Manager Registration Comprehensive Alternate Project Delivery Bill Omnibus Utility and Groundwater District Bill

    16. Did Not Pass (cont.) Further Limits on Broadform Indemnification Clauses

    17. The Transportation Debacle

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