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A BILL TO BE ENTITLED
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AN ACT
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relating to the procurement of certain goods and services related |
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to highways by the Texas Department of Transportation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 223.001, Transportation Code, is amended |
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by amending Subsection (b) and adding Subsections (c), (d), and (e) |
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to read as follows: |
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(b) Except as provided by Subsection (c) and Section |
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223.042(c), the [The] department shall submit for competitive bids |
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each contract for: |
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(1) the improvement of a highway; |
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(2) materials to be used in the construction or |
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maintenance of a highway; or |
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(3) traffic control or safety devices to be used on a |
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highway. |
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(c) The department may award a contract described by |
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Subsection (b)(2) or (3) as a purchase of goods under Subtitle D, |
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Title 10, Government Code, except as provided by Subsection (d), if |
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the department: |
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(1) estimates that the contract will be within an |
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amount for which purchasing authority has been delegated to state |
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agencies under statute or rules adopted by the comptroller; and |
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(2) determines that the competitive bidding procedure |
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in this chapter is not practical. |
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(d) An award under Subsection (c) for a contract described |
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by Subsection (b)(2) must be made to the lowest responsive bidder. |
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(e) After the award of a contract described by Subsection |
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(c), the department shall post on the department's Internet website |
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the bid tabulation for that contract. |
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SECTION 2. Section 223.042, Transportation Code, is amended |
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by amending Subsection (c) and adding Subsection (c-1) to read as |
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follows: |
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(c) The department may award a contract under this section |
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as a purchase of service under Subtitle D, Title 10, Government |
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Code, if the department: |
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(1) estimates that the contract will be within |
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[involve] an amount for which [a formal solicitation process for |
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the purchase of services is not required under rules relating to the |
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delegation of] purchasing authority has been delegated to state |
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agencies under statute or rules adopted by the comptroller [under |
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Subchapter C, Chapter 2155, Government Code]; and |
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(2) determines that the competitive bidding procedure |
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in this chapter is not practical. |
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(c-1) After the award of a contract described by Subsection |
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(c), the department shall post on the department's Internet website |
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the bid tabulation for that contract. |
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SECTION 3. The change in law made by this Act applies only |
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to a contract for which the Texas Department of Transportation |
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first advertises or otherwise solicits bids, proposals, offers, or |
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qualifications or makes a similar solicitation on or after the |
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effective date of this Act. A contract for which the Texas |
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Department of Transportation first advertises or otherwise |
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solicits bids, proposals, offers, or qualifications or makes a |
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similar solicitation before the effective date of this Act is |
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governed by the law in effect on the date the advertisement or |
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solicitation is made, and that law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |
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