By Ogden                                               S.B. No. 514
         Substitute the following for S.B. No. 514:
         By Alexander                                       C.S.S.B. No. 514
                                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     including the bidder's retainage escrow account, trust accounts,
1-13     including the bidder's retainage trust account, and credit cards
1-14     issued by a financial institution chartered by a state or the
1-15     United States or by a nationally recognized credit organization
1-16     approved by the department.  The department may require the payment
1-17     of a discount or service charge for the use of a credit card.
1-18           (b)  The department may establish one or more escrow accounts
1-19     in the state highway fund for the prepayment of bid guaranties.
1-20     The bid guaranties and any fees the department establishes to
1-21     administer this subsection shall be administered in accordance with
1-22     an agreement approved by the department.
1-23           (c)  The department shall deposit each administrative fee and
 2-1     discount or service charge collected under this section in the
 2-2     state treasury to the credit of the state highway fund.
 2-3           (d)  In the commission adopted rules, the bidder shall not be
 2-4     precluded from submitting a bid guaranty to the department payable
 2-5     by cashier's check, money order, or teller's check.
 2-6           Sec. 223.015.  DEPOSIT AND INVESTMENT OF BID GUARANTY.
 2-7     (a)  The department may authorize the use of a trust account for
 2-8     the purpose of providing a required bid guaranty.
 2-9           (b)  The guaranty shall be deposited in accordance with a
2-10     trust agreement with a state or nationally chartered financial
2-11     institution that has its main office or a branch office in this
2-12     state and that is selected by the bidder.
2-13           (c)  The department shall prescribe a trust agreement that
2-14     protects the interests of this state.
2-15           (d)  Interest earned under the trust agreement shall be paid
2-16     to the bidder unless specified otherwise in the trust agreement.
2-17           (e)  The applicable financial institution is responsible for
2-18     all amounts resulting from the deposit of the guaranty until
2-19     released from that responsibility in accordance with the trust
2-20     agreement.
2-21           (f)  The bidder shall pay all expenses incident to the
2-22     deposit and all charges imposed by the financial institution for
2-23     custody of the guaranties and forwarding of interest on a bid
2-24     guaranty.  The expenses may not be included in the bid and are not
2-25     otherwise the responsibility of the state.
2-26           (g)  On the request of a bidder, the financial institution
2-27     may reinvest the guaranty amounts in a certificate of deposit or
 3-1     another similar instrument prescribed by the trust agreement.  The
 3-2     certificate of deposit or other instrument must be issued by a
 3-3     state or nationally chartered financial institution that has its
 3-4     main office or a branch office in this state.
 3-5           (h)  On the request of a bidder, the financial institution
 3-6     shall certify and verify to the department the amount on deposit.
 3-7     The trust agreement must specify the method for providing the
 3-8     required information.
 3-9           SECTION 2.  The importance of this legislation and the
3-10     crowded condition of the calendars in both houses create an
3-11     emergency and an imperative public necessity that the
3-12     constitutional rule requiring bills to be read on three several
3-13     days in each house be suspended, and this rule is hereby suspended,
3-14     and that this Act take effect and be in force from and after its
3-15     passage, and it is so enacted.