By Elkins H.B. No. 3215
75R7876 DWS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to performance of highway maintenance projects through
1-3 contracts awarded by competitive bids.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 223.042(a) and (c), Transportation Code,
1-6 are amended to read as follows:
1-7 (a) Of the amount spent in a fiscal year by the department
1-8 for maintenance projects, the department shall spend not less than
1-9 50 percent through contracts awarded by competitive bids and shall
1-10 attempt to spend all of the amount it spends for maintenance
1-11 projects through contracts awarded by competitive bids.
1-12 (c) The department shall consider only [all of] its direct
1-13 [and indirect] costs in determining the cost of providing the
1-14 services. The department may not consider costs of office
1-15 equipment or facilities, building maintenance, land rental, motor
1-16 vehicle rental, clothing, legal expenses, tort liabilities,
1-17 advertising, or any other costs not directly related to a highway
1-18 maintenance project. The department shall use the cost accounting
1-19 procedures and instructions developed by the State Council on
1-20 Competitive Government under Section 2162.102, Government Code
1-21 [15.06(5), State Purchasing and General Services Act (Article 601b,
1-22 Vernon's Texas Civil Statutes)], in determining its cost. On
1-23 request, the State Council on Competitive Government shall provide
1-24 technical assistance to the department about the cost accounting
2-1 procedures and instructions.
2-2 SECTION 2. Before September 1, 1998, the Texas Department of
2-3 Transportation shall initiate at least three pilot projects under
2-4 which the entire cost of maintenance projects on designated
2-5 portions of highways are contracted through competitive bids as
2-6 provided by Section 223.042, Transportation Code, as amended by
2-7 this Act.
2-8 SECTION 3. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended,
2-13 and that this Act take effect and be in force from and after its
2-14 passage, and it is so enacted.