Bill Text: TX SB1270 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the procurement of certain goods and services related to highways by the Texas Department of Transportation.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2021-06-07 - Effective immediately [SB1270 Detail]
Download: Texas-2021-SB1270-Enrolled.html
S.B. No. 1270 |
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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 [ |
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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 | ||
[ |
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agencies under statute or rules adopted by the comptroller [ |
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(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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1270 passed the Senate on | ||
April 29, 2021, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1270 passed the House on | ||
May 24, 2021, by the following vote: Yeas 144, Nays 2, one | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |