By Counts                                       H.B. No. 1355

      75R4802 MLS-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to selection by a governmental entity of a provider of

 1-3     professional services.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 2254.004, Government Code, is amended to

 1-6     read as follows:

 1-7           Sec. 2254.004.  CONTRACT FOR PROFESSIONAL SERVICES OF

 1-8     ARCHITECT, [OR] ENGINEER, OR SURVEYOR.  (a)  In procuring

 1-9     architectural, [or] engineering, or land surveying services, a

1-10     governmental entity shall:

1-11                 (1)  first select the most highly qualified provider of

1-12     those services on the basis of demonstrated competence and

1-13     qualifications; and

1-14                 (2)  then attempt to negotiate with that provider a

1-15     contract at a fair and reasonable price.

1-16           (b)  If a satisfactory contract cannot be negotiated with the

1-17     most highly qualified provider of architectural, [or]  engineering,

1-18     or land surveying services, the entity shall:

1-19                 (1)  formally end negotiations with that provider;

1-20                 (2)  select the next most highly qualified provider;

1-21     and

1-22                 (3)  attempt to negotiate a contract with that provider

1-23     at a fair and reasonable price.

1-24           (c)  The entity shall continue the process described in

 2-1     Subsection (b) to  select and negotiate with providers until a

 2-2     contract is entered into.

 2-3           SECTION 2.  This Act takes effect September 1, 1997.

 2-4           SECTION 3.  The importance of this legislation and the

 2-5     crowded condition of the calendars in both houses create an

 2-6     emergency and an imperative public necessity that the

 2-7     constitutional rule requiring bills to be read on three several

 2-8     days in each house be suspended, and this rule is hereby suspended.