By Longoria                                           H.B. No. 2643
         76R8563 JD-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the form of a proposal guaranty required from a
 1-3     historically underutilized business for a highway improvement
 1-4     contract of the Texas Department of Transportation.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subchapter A, Chapter 223, Transportation Code,
 1-7     is amended by adding Section 223.014 to read as follows:
 1-8           Sec. 223.014.  HISTORICALLY UNDERUTILIZED BUSINESS; FORM OF
 1-9     PROPOSAL GUARANTY.  (a)  If as a condition of bidding for a highway
1-10     improvement contract the department by rule requires a proposal
1-11     guaranty in the form of a cashier's check, money order, or teller's
1-12     check drawn by or on a state or national bank, savings and loan
1-13     association, or state or federally chartered credit union, a bidder
1-14     that is a historically underutilized business is entitled to:
1-15                 (1)  receive a waiver of that requirement; and
1-16                 (2)  submit a bid bond issued by a surety authorized to
1-17     do business in this state in lieu of an instrument specified by
1-18     that rule.
1-19           (b)  In this section, "historically underutilized business"
1-20     has the meaning assigned by Section 2161.001, Government Code.
1-21           SECTION 2.   This Act takes effect January 1, 2000.
1-22           SECTION 3.  The importance of this legislation and the
1-23     crowded condition of the calendars in both houses create an
1-24     emergency and an imperative public necessity that the
 2-1     constitutional rule requiring bills to be read on three several
 2-2     days in each house be suspended, and this rule is hereby suspended.