By Denny H.B. No. 902
74R1346 JRD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the privatization of highway maintenance work by the
1-3 Texas Department of Transportation.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2, Article 6674g, Revised Statutes, is
1-6 amended to read as follows:
1-7 Sec. 2. Privatization of Maintenance Contracts. (a) <Not
1-8 less than 30 percent of the dollar amount of expenditures from the
1-9 fiscal year ending August 31, 1992, by the department for
1-10 maintenance projects shall be expended through contracts awarded by
1-11 the competitive bidding process.>
1-12 <(b) Not less than 35 percent of the dollar amount of
1-13 expenditures from the fiscal year ending August 31, 1993, by the
1-14 department for maintenance projects shall be expended through
1-15 contracts awarded by the competitive bidding process.>
1-16 <(c) Not less than 40 percent of the dollar amount of
1-17 expenditures from the fiscal year ending August 31, 1994, by the
1-18 department for maintenance projects shall be expended through
1-19 contracts awarded by the competitive bidding process.>
1-20 <(d) Not less than 45 percent of the dollar amount of
1-21 expenditures from the fiscal year ending August 31, 1995, by the
1-22 department for maintenance projects shall be expended through
1-23 contracts awarded by the competitive bidding process.>
1-24 <(e)> Not less than 50 percent of the dollar amount of
2-1 expenditures by the department for maintenance projects for the
2-2 fiscal year ending August 31, 1996, and for all subsequent fiscal
2-3 years shall be expended through contracts awarded by the
2-4 competitive bidding process to in-state or out-of-state bidders.
2-5 (b) <(f)> Funds expended for maintenance projects to which
2-6 this article does not apply are included when computing the dollar
2-7 amount of expenditures for maintenance projects in a fiscal year.
2-8 (c) The <(g) A> requirement of a minimum dollar amount of
2-9 expenditures by the department for maintenance projects within a
2-10 fiscal year as provided in this section applies <shall not apply>
2-11 unless the department determines after a public hearing that a
2-12 function of comparable quality and quantity cannot <can> be
2-13 purchased or performed at a savings through utilization of private
2-14 sector contracts.
2-15 (d) <(h)> The department shall consider all of its direct
2-16 and indirect costs in determining the cost of providing the
2-17 services. The department shall use <the> cost-accounting
2-18 procedures and instructions developed by or in cooperation with the
2-19 State Council on Competitive Government <the state auditor> under
2-20 Article 15 <Section 13.04(a)>, State Purchasing and General
2-21 Services Act (Article 601b, Vernon's Texas Civil Statutes), in
2-22 determining its cost. The council may <On request, the state
2-23 auditor shall> provide technical assistance to the department about
2-24 the cost-accounting procedures and instructions and may prescribe
2-25 cost-accounting procedures and instructions for the department.
2-26 SECTION 2. This Act takes effect September 1, 1995.
2-27 SECTION 3. The importance of this legislation and the
3-1 crowded condition of the calendars in both houses create an
3-2 emergency and an imperative public necessity that the
3-3 constitutional rule requiring bills to be read on three several
3-4 days in each house be suspended, and this rule is hereby suspended.