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.