1-1 By: Ogden S.B. No. 555
1-2 (In the Senate - Filed February 17, 1999; February 18, 1999,
1-3 read first time and referred to Committee on State Affairs;
1-4 April 12, 1999, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0; April 12, 1999,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 555 By: Cain
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the award of state highway improvement contracts.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subchapter A, Chapter 223, Transportation Code,
1-13 is amended by adding Section 223.0041 to read as follows:
1-14 Sec. 223.0041. AWARD OF CONTRACTS. (a) Except as provided
1-15 by Section 223.005, all bids received and not rejected by the
1-16 department shall be tabulated and forwarded to the commission.
1-17 (b) The commission may accept or reject the bids. Except as
1-18 provided in Subsection (c), if the bids are accepted, the
1-19 commission shall award the contract to the lowest bidder, subject
1-20 to Section 223.045.
1-21 (c) For a maintenance contract involving an amount less than
1-22 $100,000, if the lowest bidder withdraws its bid prior to contract
1-23 award or fails to execute the contract, the director may recommend
1-24 to the commission that the contract be awarded to the second lowest
1-25 bidder. The commission may award the maintenance contract to the
1-26 second lowest bidder if the second lowest bidder agrees to accept
1-27 the unit bid prices of the lowest bidder. The commission shall
1-28 adopt rules governing the conditions under which the department
1-29 will allow the withdrawal of the bid of the lowest bidder and
1-30 consider awarding a maintenance contract to the second lowest
1-31 bidder.
1-32 SECTION 2. Subsections (b), (c), and (d), Section 223.005,
1-33 Transportation Code, are amended to read as follows:
1-34 (b) [Except as provided by Subsection (d), all bids received
1-35 under this section and not rejected by the department shall be
1-36 tabulated and forwarded to the commission and may be accepted or
1-37 rejected by the commission.]
1-38 [(c) If the bids are accepted, the commission shall award
1-39 the contract to the lowest bidder, subject to Section 223.045.]
1-40 [(d)] The commission may delegate to the director or the
1-41 director's designee the right to:
1-42 (1) accept or reject bids received, subject to Section
1-43 223.045; and
1-44 (2) award a contract to the lowest bidder.
1-45 SECTION 3. The importance of this legislation and the
1-46 crowded condition of the calendars in both houses create an
1-47 emergency and an imperative public necessity that the
1-48 constitutional rule requiring bills to be read on three several
1-49 days in each house be suspended, and this rule is hereby suspended,
1-50 and that this Act take effect and be in force from and after its
1-51 passage, and it is so enacted.
1-52 * * * * *