By Hamric H.B. No. 2268
76R7377 E
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 CONTRACTS. (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 and
1-9 may be accepted or rejected by the commission.
1-10 (b) Except as provided in Subsection (c), if the bids are
1-11 accepted, the commission shall award the contract to the lowest
1-12 bidder, subject to Section 223.045.
1-13 (c) If the lowest bidder withdraws its bid prior to contract
1-14 award or fails to execute the contract, the director may recommend
1-15 that the commission award the contract to the second lowest bidder.
1-16 The commission may award the contract to the second lowest bidder
1-17 if the second lowest bidder agrees to accept the unit bid prices of
1-18 the lowest bidder. The commission shall adopt rules governing the
1-19 conditions under which the department will allow the withdrawal of
1-20 a bid and consider awarding a contract to the second lowest bidder.
1-21 This subsection applies only to contracts involving an amount less
1-22 than $300,000.
1-23 SECTION 2. Section 223.005, Transportation Code, is amended
1-24 to read as follows:
2-1 Sec. 223.005. BIDS ON CONTRACTS INVOLVING LESS THAN
2-2 $300,000. (a) The commission by rule may allow bids on a contract
2-3 estimated by the department to involve an amount less than $300,000
2-4 to be filed with the district engineer at the headquarters for the
2-5 district in which the improvement is to be made and opened and read
2-6 at a public meeting held by the district engineer or the district
2-7 engineer's designee.
2-8 (b) [Except as provided by Subsection (d), all bids received
2-9 under this section and not rejected by the department shall be
2-10 tabulated and forwarded to the commission and may be accepted or
2-11 rejected by the commission.]
2-12 [(c) If the bids are accepted, the commission shall award
2-13 the contract to the lowest bidder, subject to Section 223.045.]
2-14 [(d)] The commission may delegate to the director or the
2-15 director's designee the right to:
2-16 (1) accept or reject bids received, subject to Section
2-17 223.045; and
2-18 (2) award a contract to the lowest bidder.
2-19 SECTION 3. The importance of this legislation and the
2-20 crowded condition of the calendars in both houses create an
2-21 emergency and an imperative public necessity that the
2-22 constitutional rule requiring bills to be read on three several
2-23 days in each house be suspended, and this rule is hereby suspended,
2-24 and that this Act take effect and be in force from and after its
2-25 passage, and it is so enacted.