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AN ACT
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relating to the adoption of a policy on the preclusion of private |
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design professionals from contracting with the Texas Department of |
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Transportation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 2261, Government Code, is |
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amended by adding Section 2261.260 to read as follows: |
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Sec. 2261.260. TEXAS DEPARTMENT OF TRANSPORTATION |
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PRECLUSION POLICY FOR PRIVATE DESIGN PROFESSIONALS. (a) In this |
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section, "private design professional" has the meaning assigned by |
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Section 2252.905. |
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(b) Before the Texas Department of Transportation may make a |
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determination under this subchapter that a private design |
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professional is precluded from performing a contract for |
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architectural or engineering services or from participating in a |
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procurement for those services, the department must adopt a written |
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preclusion policy. |
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(c) A policy under this section must: |
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(1) be published or distributed in a manner that |
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ensures that private design professionals in this state are aware |
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of the policy; |
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(2) provide that the private design professional be |
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notified in writing at the time the Texas Department of |
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Transportation determines that a potential basis for preclusion |
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exists; and |
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(3) provide for an appeals process by which the |
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private design professional is given a reasonable amount of time to |
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establish that no basis for preclusion under the policy exists. |
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SECTION 2. The changes in law made by this Act apply only to |
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a contract entered into on or after the effective date of this Act. |
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A contract entered into before the effective date of this Act is |
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governed by the law in effect on the date the contract was entered |
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into, and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3989 was passed by the House on April |
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20, 2023, by the following vote: Yeas 142, Nays 4, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3989 was passed by the Senate on May |
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17, 2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |