Bill Text: TX HB3515 | 2021-2022 | 87th Legislature | Comm Sub


Bill Title: Relating to the procurement of certain goods and services related to highways by the Texas Department of Transportation.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2021-05-13 - Placed on General State Calendar [HB3515 Detail]

Download: Texas-2021-HB3515-Comm_Sub.html
  87R21045 SRA-F
 
  By: Thompson of Brazoria H.B. No. 3515
 
  Substitute the following for H.B. No. 3515:
 
  By:  Martinez C.S.H.B. No. 3515
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the procurement of certain goods and services related
  to highways by the Texas Department of Transportation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 223.001, Transportation Code, is amended
  by amending Subsection (b) and adding Subsections (c), (d), and (e)
  to read as follows:
         (b)  Except as provided by Subsection (c) and Section
  223.042(c), the [The] department shall submit for competitive bids
  each contract for:
               (1)  the improvement of a highway;
               (2)  materials to be used in the construction or
  maintenance of a highway; or
               (3)  traffic control or safety devices to be used on a
  highway.
         (c)  The department may award a contract described by
  Subsection (b)(2) or (3) as a purchase of goods under Subtitle D,
  Title 10, Government Code, except as provided by Subsection (d), if
  the department:
               (1)  estimates that the contract will be within an
  amount for which purchasing authority has been delegated to state
  agencies under statute or rules adopted by the comptroller; and
               (2)  determines that the competitive bidding procedure
  in this chapter is not practical.
         (d)  An award under Subsection (c) for a contract described
  by Subsection (b)(2) must be made to the lowest responsive bidder.
         (e)  After the award of a contract described by Subsection
  (c), the department shall post on the department's Internet website
  the bid tabulation for that contract.
         SECTION 2.  Section 223.042, Transportation Code, is amended
  by amending Subsection (c) and adding Subsection (c-1) to read as
  follows:
         (c)  The department may award a contract under this section
  as a purchase of service under Subtitle D, Title 10, Government
  Code, if the department:
               (1)  estimates that the contract will be within 
  [involve] an amount for which [a formal solicitation process for
  the purchase of services is not required under rules relating to the
  delegation of] purchasing authority has been delegated to state
  agencies under statute or rules adopted by the comptroller [under
  Subchapter C, Chapter 2155, Government Code]; and
               (2)  determines that the competitive bidding procedure
  in this chapter is not practical.
         (c-1)  After the award of a contract described by Subsection
  (c), the department shall post on the department's Internet website
  the bid tabulation for that contract.
         SECTION 3.  The change in law made by this Act applies only
  to a contract for which the Texas Department of Transportation
  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 the Texas
  Department of Transportation 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 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.
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