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.