Bill Text: TX HB2581 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to civil works projects and other construction projects of governmental entities.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2021-06-15 - Effective on 9/1/21 [HB2581 Detail]
Download: Texas-2021-HB2581-Enrolled.html
H.B. No. 2581 |
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relating to civil works projects and other construction projects of | ||
governmental entities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 2269.056(b), Government Code, is amended | ||
to read as follows: | ||
(b) The governmental entity shall base its selection among | ||
offerors on applicable criteria listed for the particular method | ||
used. The governmental entity shall publish in the request for | ||
proposals or qualifications: | ||
(1) the criteria that will be used to evaluate the | ||
offerors; | ||
(2) the applicable weighted value for each criterion; | ||
and | ||
(3) [ |
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scoring each criterion. | ||
SECTION 2. Subchapter B, Chapter 2269, Government Code, is | ||
amended by adding Section 2269.060 to read as follows: | ||
Sec. 2269.060. DOCUMENTS RELATED TO EVALUATION AND RANKING. | ||
(a) An offeror who submits a bid, proposal, or response to a | ||
request for qualifications for a construction contract under this | ||
chapter may, after the contract is awarded, make a request in | ||
writing to the governmental entity to provide documents related to | ||
the evaluation of the offeror's submission. | ||
(b) Not later than the 30th day after the date a request is | ||
made under Subsection (a), the governmental entity shall deliver to | ||
the offeror the documents relating to the evaluation of the | ||
submission including, if applicable, its ranking of the submission. | ||
SECTION 3. Section 2269.153, Government Code, is amended to | ||
read as follows: | ||
Sec. 2269.153. PREPARATION OF REQUEST. (a) In this | ||
section, "civil works project" has the meaning assigned by Section | ||
2269.351. | ||
(b) The governmental entity shall prepare a request for | ||
competitive sealed proposals that includes construction documents, | ||
selection criteria and the weighted value for each criterion, | ||
estimated budget, project scope, estimated project completion | ||
date, and other information that a contractor may require to | ||
respond to the request. | ||
(c) Except as provided by Subsection (d), for civil works | ||
projects, the weighted value assigned to price must be at least 50 | ||
percent of the total weighted value of all selection criteria. | ||
(d) If the governing body of a governmental entity | ||
determines that assigning a lower weighted value to price is in the | ||
public interest, the governmental entity may assign to price a | ||
weighted value of not less than 36.9 percent of the total weighted | ||
value of all selection criteria. | ||
SECTION 4. Section 2269.155, Government Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) Not later than the seventh business day after the date | ||
the contract is awarded, the governmental entity shall make the | ||
evaluations, including any scores, public and provide them to all | ||
offerors. | ||
SECTION 5. Section 2269.452(a), Government Code, is amended | ||
to read as follows: | ||
(a) This chapter may be enforced through an action for | ||
declaratory or injunctive relief filed not later than the 15th | ||
calendar [ |
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SECTION 6. The change in law made by this Act applies only | ||
to a contract for which a governmental entity first advertises or | ||
otherwise solicits bids, proposals, offers, or qualifications or | ||
makes a similar solicitation on or after the effective date of this | ||
Act. A contract for which a governmental entity first advertises or | ||
otherwise solicits bids, proposals, offers, or qualifications or | ||
makes a similar solicitation before the effective date of this Act | ||
is governed by the law in effect on the date the advertisement or | ||
solicitation is made, and that law is continued in effect for that | ||
purpose. | ||
SECTION 7. This Act takes effect September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2581 was passed by the House on May 6, | ||
2021, by the following vote: Yeas 143, Nays 2, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2581 was passed by the Senate on May | ||
22, 2021, by the following vote: Yeas 29, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |