Bill Text: TX SB1236 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to asset management agreements of the Texas Department of Transportation.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-04-01 - Left pending in committee [SB1236 Detail]
Download: Texas-2015-SB1236-Introduced.html
84R14710 T | ||
By: Taylor of Collin | S.B. No. 1236 |
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relating to asset management agreements of the Texas Department of | ||
Transportation. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
Section 1. Section 223.0041, Transportation Code, is | ||
amended by adding subsection (d) to read as follows: | ||
Sec. 223.0041. AWARD OF CONTRACTS. (a) Except as provided | ||
by Section 223.005, all bids received and not rejected by the | ||
department shall be tabulated and forwarded to the commission. | ||
(b) The commission may accept or reject the bids. Except as | ||
provided in Subsections (c) and (d), if the bids are accepted, the | ||
commission shall award the contract to the lowest bidder, subject | ||
to Section 223.045. | ||
(c) For a maintenance contract involving an amount less than | ||
$300,000, if the lowest bidder withdraws its bid prior to contract | ||
award or fails to execute the contract, the director may recommend | ||
to the commission that the contract be awarded to the second lowest | ||
bidder. The commission may award the maintenance contract to the | ||
second lowest bidder if the second lowest bidder agrees to accept | ||
the unit bid prices of the lowest bidder. The commission shall | ||
adopt rules governing the conditions under which the department | ||
will allow the withdrawal of the bid of the lowest bidder and | ||
consider awarding a maintenance contract to the second lowest | ||
bidder. | ||
(d) For a performance-based maintenance contract in an | ||
amount of $300,000 or more, the commission shall award the contract | ||
to the lowest responsible bidder. For purposes of determining the | ||
lowest responsible bidder, the department shall first prepare and | ||
issue a request for qualifications to identify those firms | ||
qualified to bid on a performance-based maintenance project of the | ||
size and complexity for which bids will be requested. From among | ||
the bids received from firms determined to be qualified to bid, the | ||
commission shall award the contract to the lowest bidder. | ||
SECTION 2. 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, 2015. |