IMF S.B. 626 75(R)BILL ANALYSIS STATE AFFAIRS S.B. 626 By: Sibley (Counts) 4-20-97 Committee Report (Unamended) BACKGROUND Currently, the Texas Professional Services Procurement Act prohibits a governmental entity from selecting a provider of professional services on the basis of competitive bids. It first requires the governmental entity to make the selection on the basis of demonstrated competence and qualifications to perform the services, and then attempt to negotiate for a fair and reasonable price. However, when selecting providers of professional land surveying services, some governmental entities still require the submission of certain pricing information as a part of any request for proposal for land surveying services. This information is then utilized by the governmental entity in awarding the contract and, as a result, violates the requirements of the Texas Professional Services Procurement Act. The goal of S.B. 626 is to prohibit the use of competitive price information by a governmental entity in the initial selection of providers of professional land surveying services by making the selection process applicable to land surveying services as well as architectural and engineering services. PURPOSE As proposed, S.B. 626 would require governmental entities to use the same contract selection practices for land surveyors as they are required to use when contracting for architectural or engineering services. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 2254.004 of the Government Code to apply to land surveyors. Requires governmental entities to select land surveyors in the same manner they choose architectural and engineering services. Governmental entities would first have to select by the most highly qualified provider of the services and then try to negotiate a fair and reasonable price. If a reasonable price cannot be negotiated the governmental entity may negotiate with the next most qualified provider. SECTION 2. Effective date: September 1, 1997. SECTION 3. Emergency clause.