By Bosse H.B. No. 2149
76R8144 DRH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the award of state highway improvement contracts.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter A, Chapter 223, Transportation Code,
1-5 is amended by adding Section 223.0041 to read as follows:
1-6 Sec. 223.0041. AWARD OF CONTRACT. (a) Except as provided
1-7 by Section 223.005, all bids received and not rejected by the
1-8 department shall be tabulated and forwarded to the commission.
1-9 (b) The commission may accept or reject the bids. If the
1-10 bids are accepted, the commission shall award the contract to the
1-11 lowest bidder, subject to Section 223.045.
1-12 SECTION 2. Sections 223.005(b)-(d), Transportation Code, are
1-13 amended to read as follows:
1-14 (b) [Except as provided by Subsection (d), all bids received
1-15 under this section and not rejected by the department shall be
1-16 tabulated and forwarded to the commission and may be accepted or
1-17 rejected by the commission.]
1-18 [(c) If the bids are accepted, the commission shall award
1-19 the contract to the lowest bidder, subject to Section 223.045.]
1-20 [(d)] The commission may delegate to the director or the
1-21 director's designee the right to:
1-22 (1) accept or reject bids received, subject to Section
1-23 223.045; and
1-24 (2) award a contract to the lowest bidder.
2-1 SECTION 3. Section 223.013(c), Transportation Code, is
2-2 amended to read as follows:
2-3 (c) A provision of this subchapter that requires [That part
2-4 of Section 223.004(a) requiring] a bid to be opened at a public
2-5 hearing [of the commission] does not apply to an electronically
2-6 submitted bid. A copy of each electronically submitted bid shall
2-7 be publicly posted within 48 hours after bids are opened.
2-8 SECTION 4. 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.