By Hamric                                             H.B. No. 2267
         76R7376 E                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the payment and use of a bid guaranty for a state
 1-3     highway improvement contract.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter A, Chapter 223, Transportation Code,
 1-6     is amended by adding Sections 223.014 and 223.015 to read as
 1-7     follows:
 1-8           Sec. 223.014.  BID GUARANTY.  (a)  The commission shall adopt
 1-9     rules on the method by which a bidder may submit a bid guaranty.
1-10     The rules may authorize the use of electronic funds transfer,
1-11     checks, including electronic checks, money orders, escrow accounts,
1-12     trust accounts, and credit cards issued by a financial institution
1-13     chartered by a state or the United States or by a nationally
1-14     recognized credit organization approved by the department.  The
1-15     department may require the payment of a discount or service charge
1-16     for the use of a credit card.
1-17           (b)  The department may establish one or more escrow accounts
1-18     in the state highway fund for the prepayment of bid guaranties.
1-19     The bid guaranties and any administrative fees established by the
1-20     department for the administration of this subsection shall be
1-21     administered in accordance with an agreement containing terms and
1-22     conditions agreeable to the department.  The department shall
1-23     deposit each administrative fee to the credit of the state highway
1-24     fund.  The fees may be appropriated only to the department for
 2-1     purposes of the administration of this subsection.
 2-2           Sec. 223.015.  DEPOSIT AND INVESTMENT OF BID GUARANTY.  (a)
 2-3     The department may authorize the use of a trust account for the
 2-4     purpose of providing a required bid guaranty.
 2-5           (b)  The guaranty shall be deposited pursuant to a trust
 2-6     agreement with a state or nationally chartered institution
 2-7     domiciled in this state and selected by the bidder.
 2-8           (c)  The department shall prescribe a trust agreement that
 2-9     protects the interests of the state.
2-10           (d)  Interest earned under the trust agreement shall be paid
2-11     to the bidder unless specified otherwise in the trust agreement.
2-12           (e)  The financial institution is responsible for all amounts
2-13     resulting from the deposit of the guaranty amounts until released
2-14     from that responsibility under the trust agreement.
2-15           (f)  The bidder shall pay for expenses incident to the
2-16     deposit and all charges made by the financial institution for
2-17     custody of the guaranties and forwarding of interest on those
2-18     guaranties.  Those expenses may not be included in any way in the
2-19     bid or otherwise be the responsibility of the state.
2-20           (g)  The financial institution upon instruction by the bidder
2-21     may reinvest the guaranty amounts in a certificate of deposit or
2-22     other similar investment prescribed by the trust agreement.  These
2-23     instruments must be issued by a state or nationally chartered
2-24     financial institution domiciled in this state.
2-25           (h)  The financial institution must upon request by the
2-26     bidder provide certification and verification of the amount on
2-27     deposit to the department.  The trust agreement shall specify the
 3-1     method for providing the required information.
 3-2           SECTION 2.  The importance of this legislation and the
 3-3     crowded condition of the calendars in both houses create an
 3-4     emergency and an imperative public necessity that the
 3-5     constitutional rule requiring bills to be read on three several
 3-6     days in each house be suspended, and this rule is hereby suspended,
 3-7     and that this Act take effect and be in force from and after its
 3-8     passage, and it is so enacted.