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

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 - Dead) 2021-05-13 - Placed on General State Calendar [HB3515 Detail]

Download: Texas-2021-HB3515-Introduced.html
  87R3770 SRA-F
 
  By: Thompson of Brazoria H.B. No. 3515
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain contracts awarded 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 Subsection (c) 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, if the department:
               (1)  estimates that the contract will involve an amount
  for which the comptroller has delegated purchasing authority for
  the purchase of goods to state agencies under 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.
         SECTION 2.  Section 223.042(c), Transportation Code, is
  amended 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 involve an amount
  for which the comptroller has delegated [a formal solicitation
  process for the purchase of services is not required under rules
  relating to the delegation of] purchasing authority for the
  purchase of services to state agencies under 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.
         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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