By: Ogden S.B. No. 555
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the award of state highway improvement contracts.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subchapter A, Chapter 223, Transportation Code,
1-4 is amended by adding Section 223.0041 to read as follows:
1-5 Sec. 223.0041. AWARD OF CONTRACTS. (a) Except as provided
1-6 by Section 223.005, all bids received and not rejected by the
1-7 department shall be tabulated and forwarded to the commission.
1-8 (b) The commission may accept or reject the bids. Except as
1-9 provided in Subsection (c), if the bids are accepted, the
1-10 commission shall award the contract to the lowest bidder, subject
1-11 to Section 223.045.
1-12 (c) For a maintenance contract involving an amount less than
1-13 $100,000, 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 to the commission that the contract be awarded to the second lowest
1-16 bidder. The commission may award the maintenance contract to the
1-17 second lowest bidder if the second lowest bidder agrees to accept
1-18 the unit bid prices of the lowest bidder. The commission shall
1-19 adopt rules governing the conditions under which the department
1-20 will allow the withdrawal of the bid of the lowest bidder and
1-21 consider awarding a maintenance contract to the second lowest
1-22 bidder.
1-23 SECTION 2. Subsections (b), (c), and (d), Section 223.005,
1-24 Transportation Code, are amended to read as follows:
2-1 (b) [Except as provided by Subsection (d), all bids received
2-2 under this section and not rejected by the department shall be
2-3 tabulated and forwarded to the commission and may be accepted or
2-4 rejected by the commission.]
2-5 [(c) If the bids are accepted, the commission shall award
2-6 the contract to the lowest bidder, subject to Section 223.045.]
2-7 [(d)] The commission may delegate to the director or the
2-8 director's designee the right to:
2-9 (1) accept or reject bids received, subject to Section
2-10 223.045; and
2-11 (2) award a contract to the lowest bidder.
2-12 SECTION 3. The importance of this legislation and the
2-13 crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended,
2-17 and that this Act take effect and be in force from and after its
2-18 passage, and it is so enacted.