SRC-JXG H.B. 2149 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 2149
76R8144 DRH-FBy: Bosse (Bernsen)
Infrastructure
5/10/1999
Engrossed


DIGEST 

The Texas Transportation Commission (TTC) allows bids for state highway
improvement contracts less than $300,000 to be filed with the district
engineer, which TTC may then award to the lowest bidder, under Section
223.005, Transportation Code.  Additionally, language dealing with the
exception to the public bid opening requirement for electronically opened
bids needs clarification that it applies to local bid openings.  H.B. 2149
would clarify that contracts over $300,000 may be awarded to the lowest
bidder by TTC, and would allow electronic bidding on local bid openings. 

PURPOSE

As proposed, H.B. 2149 clarifies language regarding awarding state highway
improvement contracts. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 223A, Transportation Code, by adding Section
223.0041, as follows: 

Sec. 223.0041.  AWARD OF CONTRACT.  Requires all bids received and not
rejected by the Texas Department of Transportation to be tabulated and
forwarded to the Texas Transportation Commission (TTC), except as provided
by Section 223.005.  Authorizes TTC to accept or reject the bids.  Requires
TTC to award the contract to the lowest bidder, subject to Section 223.045,
if the bids are accepted. 

SECTION 2. Amends Sections 223.005(b)-(d), Transportation Code, as follows:

 (b) Deletes text regarding the tabulation of bids.

 (c) Deletes existing subsection requiring TTC to award the contract to the
lowest bidder. 

 (d) Redesignated as Subsection (b).

SECTION 3. Amends Section 223.013(c), Transportation Code, to provide that
a provision of this subchapter that requires a bid to be opened at a public
hearing does not apply to an electronically submitted bid.  Deletes text
regarding Section 223.004(a) and a hearing of the commission.   
 
SECTION 4. Emergency clause.
           Effective date: upon passage.