General and Special Laws of The State of Texas Passed By The Second Called Session of the Sixty-Eighth Legislature and the Regular Session of the Sixty-Ninth Legislature Page: 83
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68th LEGIS-2nd CALLED SESSION
(5) assume the contracts and obligations of previous owners of facilities and property
acquired by the district and perform the contracts and obligations to the same extent that any
other purchaser or assignee would be bound; and
(6) contract with any person for construction, acquisition, and improvement of facilities.
SECTION 34. CONSTRUCTION, ACQUISITION, OR IMPROVEMENT OF FACILI-
TIES. (a) The district shall construct, acquire, and improve facilities included in the plans
submitted to and approved by the commission.
(b) A facility that is constructed, acquired, or improved by the district shall be constructed,
acquired, or improved so that it meets the requirements of the plans approved by the
SECTION 35. CONSTRUCTION BIDS. Construction or improvement contracts requiring
an expenditure of more than $5,000 may be made only after competitive bidding as provided by
Chapter 770, Acts of the 66th Legislature, Regular Session, 1979 (Article 2368a.3, Vernon's
Texas Civil Statutes).
SECTION 36. PAYMENT FOR CONSTRUCTION WORK. The district shall pay for the
construction or improvement of facilities by the district as provided by the contract for
construction or improvement and may include in the contract a procedure for paying for
construction or improvement work as it progresses.
SECTION 37. CONTRACTOR'S BOND. A contractor shall execute a bond for the amount
of the contract price, payable to the board and approved by the board, conditioned on the
faithful performance of the obligations, agreements, and covenants in the contract and on
payment to the district of damages sustained as a result of any default.
SECTION 38. CHANGES AND ADDITIONS TO FACILITIES. (a) Before facilities are
conveyed to the governmental entity that is to assume possession on acquisition or on completion
of construction or improvement, the district with written permission from the commission may
make changes in or additions to facilities that are not included in the plans approved by the
commission if the board determines that the changes or additions are necessary to:
(1) comply with the requirements of that governmental entity to which the facilities are to be
conveyed and, in the case of facilities to be conveyed to a county that are located within one or
more cities or within the extraterritorial jurisdiction of one or more cities, comply with the
requirements of the city or cities in whose city limits or extraterritorial jurisdiction the facilities
are to be located;
(2) provide the traveling public with an adequate and efficient road system within the district;
(3) adjust to circumstances or requirements that did not exist at the time the original plans for
the facilities were approved by the commission.
(b) The commission shall adopt rules of procedure for filing plan changes with the
commission and for receiving written approval of those changes from the commission.
(c) Before the commission gives its written approval, it shall consult with the governmental
entity that is to accept conveyance of the facilities regarding the proposed changes.
SECTION 39. MONITORING WORK. (a) The board has control of the construction,
acquisition, and improvement of facilities of the district before they are conveyed to another
governmental entity under Section 40 of this Act and shall monitor a contractor's work on the
facilities as it is being done to assure that the district's contract is being fulfilled.
(b) The board may have the contractor's work monitored by inspectors, engineers, or other
personnel of the district.
(c) The board shall adopt a procedure for periodic reporting by the inspectors, engineers, or
other personnel of the district who are monitoring the work and shall take immediate and
necessary action to assure compliance with the contract.
(d) On completion of construction, acquisition, or improvement of facilities, the inspectors,
engineers, or other personnel of the district who are responsible for inspections shall submit to
the board and to the governmental entity to which the facilities are to be conveyed a written
report that includes information that shows whether the completed facilities comply with:
(1) the district's plan approved by the commission;
(2) the contract requirements; and
(3) the requirements of the governmental entity to which the facilities are to be conveyed.
SECTION 40. FINAL APPROVAL AND CONVEYANCE BY BOARD. (a) On receiv-
ing the final monitoring report, the board shall give notice and schedule a public hearing to
determine whether the facilities are complete as specified in the district's plans and the contract
and should be conveyed to the governmental entity.
CH 13, SEC 40
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Texas. Legislature. General and Special Laws of The State of Texas Passed By The Second Called Session of the Sixty-Eighth Legislature and the Regular Session of the Sixty-Ninth Legislature, legislative document, 1985; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth221803/m1/87/: accessed May 22, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.