1-1           By:  Sibley                                      S.B. No. 626

 1-2           (In the Senate - Filed February 17, 1997; February 20, 1997,

 1-3     read first time and referred to Committee on State Affairs;

 1-4     March 10, 1997, reported favorably by the following vote:  Yeas 13,

 1-5     Nays 0; March 10, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to selection by a governmental entity of a provider of

 1-9     professional services.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Section 2254.004, Government Code, is amended to

1-12     read as follows:

1-13           Sec. 2254.004.  CONTRACT FOR PROFESSIONAL SERVICES OF

1-14     ARCHITECT, [OR] ENGINEER, OR SURVEYOR.  (a)  In procuring

1-15     architectural, [or] engineering, or land surveying services, a

1-16     governmental entity shall:

1-17                 (1)  first select the most highly qualified provider of

1-18     those services on the basis of demonstrated competence and

1-19     qualifications; and

1-20                 (2)  then attempt to negotiate with that provider a

1-21     contract at a fair and reasonable price.

1-22           (b)  If a satisfactory contract cannot be negotiated with the

1-23     most highly qualified provider of architectural, [or] engineering,

1-24     or land surveying services, the entity shall:

1-25                 (1)  formally end negotiations with that provider;

1-26                 (2)  select the next most highly qualified provider;

1-27     and

1-28                 (3)  attempt to negotiate a contract with that provider

1-29     at a fair and reasonable price.

1-30           (c)  The entity shall continue the process described in

1-31     Subsection (b) to select and negotiate with providers until a

1-32     contract is entered into.

1-33           SECTION 2.  This Act takes effect September 1, 1997.

1-34           SECTION 3.  The importance of this legislation and the

1-35     crowded condition of the calendars in both houses create an

1-36     emergency and an imperative public necessity that the

1-37     constitutional rule requiring bills to be read on three several

1-38     days in each house be suspended, and this rule is hereby suspended.

1-39                                  * * * * *