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.