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Senate Bill 1048 |
Senate Author: Jackson |
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Effective: 9-1-11 |
House Sponsor: Davis, John |
Senate Bill 1048 amends the Government Code to establish procedures for the procurement of public and private facilities and infrastructure by a state agency, institution of higher education, or local government. The procedures, which are not exclusive and do not apply to certain projects, include a process for selecting a project proposal and negotiating an interim or comprehensive agreement with a private entity or other persons to develop or operate the project. Before negotiating an agreement, a responsible governmental entity must submit copies of detailed proposals to the newly established Partnership Advisory Commission, which can accept or decline a proposal for review. If the commission accepts a proposal for review and submits its recommendations, the responsible governmental entity must submit a report to the commission describing the extent to which the commission's recommendations were addressed in the proposed interim or comprehensive agreement.
Senate Bill 1048 requires a responsible governmental entity to adopt project guidelines as prescribed by the bill and specifies the powers and duties of a person who enters into a project agreement with the governmental entity. The bill requires a person submitting a project proposal to notify each affected jurisdiction of the proposal, authorizes the delivery of services to be part of a contract, and authorizes a governmental entity to dedicate and convey public property for public use in a qualifying project. The bill also addresses public input, performance and payment bonds, remedies for the material default of a contracting person, and the exercise of eminent domain power by a responsible governmental entity. Provisions governing procurement guidelines address how the bill's provisions are affected by other state laws relating to procurement.