By:  Ogden                                             S.B. No. 514
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the payment and use of a bid guaranty for a state
 1-2     highway improvement contract.
 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 Sections 223.014 and 223.015 to read as
 1-6     follows:
 1-7           Sec. 223.014.  BID GUARANTY.  (a)  The commission by rule
 1-8     shall provide a method by which a bidder may submit a bid guaranty.
 1-9     The rules may authorize the use of electronic funds transfer,
1-10     checks, including electronic checks, money orders, escrow accounts,
1-11     including the bidder's retainage escrow account, trust accounts,
1-12     including the bidder's retainage trust account, and credit cards
1-13     issued by a financial institution chartered by a state or the
1-14     United States or by a nationally recognized credit organization
1-15     approved by the department.  The department may require the payment
1-16     of a discount or service charge 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 fees the department establishes to
1-20     administer this subsection shall be administered in accordance with
1-21     an agreement approved by the department.  The department shall
1-22     deposit each administrative fee to the credit of the state highway
1-23     fund.  Money credited to the state highway fund from fees collected
1-24     under this subsection may be appropriated only to the department to
 2-1     administer this subsection.
 2-2           Sec. 223.015.  DEPOSIT AND INVESTMENT OF BID GUARANTY.
 2-3     (a)  The department may authorize the use of a trust account for
 2-4     the purpose of providing a required bid guaranty.
 2-5           (b)  The guaranty shall be deposited in accordance with a
 2-6     trust agreement with a state or nationally chartered financial
 2-7     institution 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 this 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 applicable financial institution is responsible for
2-13     all amounts resulting from the deposit of the guaranty until
2-14     released from that responsibility in accordance with the trust
2-15     agreement.
2-16           (f)  The bidder shall pay all expenses incident to the
2-17     deposit and all charges imposed by the financial institution for
2-18     custody of the guaranties and forwarding of interest on a bid
2-19     guaranty.  The expenses may not be included in the bid and are not
2-20     otherwise the responsibility of the state.
2-21           (g)  On the request of a bidder, the financial institution
2-22     may reinvest the guaranty amounts in a certificate of deposit or
2-23     another similar instrument prescribed by the trust agreement.  The
2-24     certificate of deposit or other instrument must be issued by a
2-25     state or nationally chartered financial institution domiciled in
2-26     this state.
 3-1           (h)  On the request of a bidder, the financial institution
 3-2     shall certify and verify to the department the amount on deposit.
 3-3     The trust agreement must specify the method for providing the
 3-4     required information.
 3-5           SECTION 2.  The importance of this legislation and the
 3-6     crowded condition of the calendars in both houses create an
 3-7     emergency and an imperative public necessity that the
 3-8     constitutional rule requiring bills to be read on three several
 3-9     days in each house be suspended, and this rule is hereby suspended,
3-10     and that this Act take effect and be in force from and after its
3-11     passage, and it is so enacted.