By Jackson H.B. No. 1793 75R5622 DWS-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to eligibility to be awarded a contract by the Texas 1-3 Transportation Commission. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter A, Chapter 223, Transportation Code, 1-6 is amended by adding Section 223.012 to read as follows: 1-7 Sec. 223.012. PERSONS INELIGIBLE TO BE AWARDED CONTRACT. 1-8 (a) Except as provided by Subsection (b), the commission may not 1-9 award a contract under this chapter to a person who: 1-10 (1) at the time the contract is awarded: 1-11 (A) has not completed performance of a contract 1-12 previously entered by the person under this chapter or a 1-13 predecessor law; and 1-14 (B) has exceeded a deadline for completion of 1-15 performance under the contract by an amount of time equal to or 1-16 exceeding 20 percent of the period between the date the contract 1-17 was awarded and the deadline; and 1-18 (2) has at any time exceeded a deadline for completion 1-19 of performance under two or more other contracts entered by the 1-20 person under this chapter or a predecessor law. 1-21 (b) In determining the amount of time that the person has 1-22 exceeded a deadline, the commission shall subtract any period of 1-23 delay caused by the department or by circumstances beyond the 1-24 person's control. The commission may waive the prohibition under 2-1 Subsection (a) if the commission determines that an extreme need 2-2 exists for the waiver. 2-3 SECTION 2. The change in law made by this Act applies only 2-4 to a contract awarded on or after the effective date of this Act. 2-5 SECTION 3. The importance of this legislation and the 2-6 crowded condition of the calendars in both houses create an 2-7 emergency and an imperative public necessity that the 2-8 constitutional rule requiring bills to be read on three several 2-9 days in each house be suspended, and this rule is hereby suspended, 2-10 and that this Act take effect and be in force from and after its 2-11 passage, and it is so enacted.