AN ACT
1-1 relating to certain contracting procedures for school districts and
1-2 institutions of higher education.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsections (a), (d), (f), (g), (h), (i), (j),
1-5 and (l), Section 44.031, Education Code, are amended to read as
1-6 follows:
1-7 (a) Except as provided by this subchapter, all school
1-8 district contracts, except contracts for the purchase of produce or
1-9 vehicle fuel, valued at $25,000 or more in the aggregate for each
1-10 12-month period shall be made by the method, of the following
1-11 methods, that provides the best value for [to] the district:
1-12 (1) competitive bidding;
1-13 (2) competitive sealed proposals;
1-14 (3) a request for proposals, for services other than
1-15 construction services;
1-16 (4) a catalogue purchase as provided by Subchapter B,
1-17 Chapter 2157, Government Code;
1-18 (5) an interlocal contract;
1-19 (6) a design/build contract;
1-20 (7) a contract to construct, rehabilitate, alter, or
1-21 repair facilities that involves using a construction manager; or
1-22 (8) a job order contract for the minor construction,
1-23 repair, rehabilitation, or alteration of a facility.
1-24 (d) The board of trustees of the district may adopt rules
2-1 and procedures for the acquisition of goods or services.
2-2 (f) This section does not apply to a contract [fees
2-3 received] for professional services rendered, including services of
2-4 an architect, attorney, or fiscal agent. A school district may, at
2-5 its option, contract for professional services rendered by a
2-6 financial consultant or a technology consultant in the manner
2-7 provided by Section 2254.003, Government Code, in lieu of the
2-8 methods provided by this section [architect's fees, attorney's
2-9 fees, and fees for fiscal agents].
2-10 (g) Notice of the time by when and place where the bids or
2-11 proposals, or the responses to a request for qualifications, will
2-12 be received and opened shall be published in the county in which
2-13 the district's central administrative office is located, once a
2-14 week for at least two weeks before the deadline for receiving bids,
2-15 proposals, or responses to a request for qualifications. If[;
2-16 except that on contracts involving less than $25,000, the
2-17 advertising may be limited to two successive issues of any
2-18 newspaper published in the county in which the district's central
2-19 administrative office is located, and if] there is not a newspaper
2-20 in that county, the advertising shall be published in a newspaper
2-21 in the county nearest the county seat of the county in which the
2-22 district's central administrative office is located. In a two-step
2-23 procurement process, the time and place where the second-step bids,
2-24 proposals, or responses will be received are not required to be
2-25 published separately.
2-26 (h) If school equipment or a part of a school facility or
3-1 personal property is destroyed or severely damaged or, as a result
3-2 of an unforeseen catastrophe or emergency, undergoes major
3-3 operational or structural failure, and the board of trustees
3-4 determines that the delay posed by the methods provided for in this
3-5 section [competitive bidding process] would prevent or
3-6 substantially impair the conduct of classes or other essential
3-7 school activities, then contracts for the replacement or repair of
3-8 the equipment or the part of the school facility may be made by
3-9 methods other than those [without competitive bidding as otherwise]
3-10 required by this section.
3-11 (i) A [The board of trustees of a] school district may
3-12 acquire computers and computer-related equipment, including
3-13 computer software, through the General Services Commission under
3-14 contracts entered into in accordance with Chapter 2157, Government
3-15 Code. Before issuing an invitation for bids, the commission shall
3-16 consult with the agency concerning the computer and
3-17 computer-related equipment needs of school districts. To the
3-18 extent possible the resulting contract shall provide for such
3-19 needs.
3-20 (j) Without complying with Subsection (a), [the board of
3-21 trustees of] a school district may purchase an item that is
3-22 available from only one source, including:
3-23 (1) an item for which competition is precluded because
3-24 of the existence of a patent, copyright, secret process, or
3-25 monopoly;
3-26 (2) a film, manuscript, or book;
4-1 (3) a utility service, including electricity, gas, or
4-2 water; and
4-3 (4) a captive replacement part or component for
4-4 equipment.
4-5 (l) Each contract proposed to be made by [the board of
4-6 trustees of] a school district for the purchase or lease of one or
4-7 more school buses, including a lease with an option to purchase,
4-8 must be submitted to competitive bidding when the contract is
4-9 valued at $20,000 or more.
4-10 SECTION 2. Subchapter B, Chapter 44, Education Code, is
4-11 amended by adding Sections 44.0311 and 44.0312 to read as follows:
4-12 Sec. 44.0311. APPLICABILITY TO JUNIOR COLLEGE DISTRICTS.
4-13 (a) This subchapter applies to junior college districts.
4-14 (b) For purposes of this subchapter, "board of trustees"
4-15 includes the governing board of a junior college district.
4-16 Sec. 44.0312. DELEGATION. (a) The board of trustees of the
4-17 district may, as appropriate, delegate its authority under this
4-18 subchapter regarding an action authorized or required by this
4-19 subchapter to be taken by a school district to a designated person,
4-20 representative, or committee. In procuring construction services,
4-21 the district shall provide notice of the delegation and the limits
4-22 of the delegation in the request for bids, proposals, or
4-23 qualifications or in an addendum to the request. If the district
4-24 fails to provide that notice, a ranking, selection, or evaluation
4-25 of bids, proposals, or qualifications for construction services
4-26 other than by the board of trustees in an open public meeting is
5-1 advisory only.
5-2 (b) The board may not delegate the authority to act
5-3 regarding an action authorized or required by this subchapter to be
5-4 taken by the board of trustees of a school district.
5-5 SECTION 3. Subsection (f), Section 44.032, Education Code,
5-6 is amended to read as follows:
5-7 (f) A court may enjoin performance of a contract made in
5-8 violation of this subchapter [Section 44.031(a) or (b)]. A county
5-9 attorney, a district attorney, a criminal district attorney, [or] a
5-10 citizen of the county in which the school district is located, or
5-11 any interested party may bring an action for an injunction. A
5-12 party [citizen] who prevails in an action brought under this
5-13 subsection is entitled to reasonable attorney's fees as approved by
5-14 the court.
5-15 SECTION 4. Section 44.035, Education Code, is amended to
5-16 read as follows:
5-17 Sec. 44.035. EVALUATION OF BIDS AND [COMPETITIVE SEALED]
5-18 PROPOSALS FOR CONSTRUCTION SERVICES. (a) The board of trustees of
5-19 a school district that is considering a construction contract using
5-20 a method specified by Section 44.031(a) must, before advertising,
5-21 determine which method [Except as otherwise provided by this
5-22 subchapter, a school district using competitive sealed proposals to
5-23 select a contractor for construction services, to select a
5-24 construction manager, or to award a job order contract for
5-25 construction services shall base its selection or award on a
5-26 combination of price and other factors that the district
6-1 determines] provides the best value for [to] the district.
6-2 (b) The [A school] district shall base its selection among
6-3 offerors on criteria authorized to be used under Section 44.031(b).
6-4 The district shall publish in the request for bids, proposals, or
6-5 qualifications the criteria that will be used to evaluate the
6-6 offerors and the relative weights, if known at the time of the
6-7 publication, given to the criteria [using competitive sealed
6-8 proposals may discuss proposals with offerors after proposals have
6-9 been opened to allow for clarification and changes. The district
6-10 shall take adequate precautions to ensure that information from
6-11 competing proposals is not disclosed to other offerors].
6-12 (c) The district shall document the basis of its selection
6-13 and shall make the evaluations public not later than the seventh
6-14 day after the date the contract is awarded.
6-15 SECTION 5. Subdivision (3), Subsection (a), Section 44.036,
6-16 Education Code, is amended to read as follows:
6-17 (3) "Design criteria package" means a set of documents
6-18 that provides sufficient information to permit a design-build firm
6-19 to prepare a response to a school district's request for
6-20 qualifications and any additional information requested, including
6-21 criteria for selection [proposals]. The design criteria package
6-22 must specify criteria the district considers necessary to describe
6-23 the project and may include, as appropriate, the legal description
6-24 of the site, survey information concerning the site, interior space
6-25 requirements, special material requirements, material quality
6-26 standards, conceptual criteria for the project, special equipment
7-1 requirements, cost or budget estimates, time schedules, quality
7-2 assurance and quality control requirements, site development
7-3 requirements, applicable codes and ordinances, provisions for
7-4 utilities, parking requirements, or any other requirement, as
7-5 applicable.
7-6 SECTION 6. Subsections (e), (f), and (j), Section 44.036,
7-7 Education Code, are amended to read as follows:
7-8 (e) The district shall evaluate statements of qualifications
7-9 [proposals] and select a design-build firm in two phases:
7-10 (1) In phase one, the district shall prepare a request
7-11 for qualifications and evaluate each offeror's experience,
7-12 technical competence, and capability to perform, the past
7-13 performance of the offeror's team and members of the team, and
7-14 other appropriate factors submitted by the team or firm in response
7-15 to the request for qualifications, except that cost-related or
7-16 price-related evaluation factors are not permitted. Each offeror
7-17 must certify to the district that each engineer or architect that
7-18 is a member of its team was selected based on demonstrated
7-19 competence and qualifications. The district shall qualify a
7-20 maximum of five [potential] offerors to submit additional
7-21 information and, if the district chooses, to interview for final
7-22 selection [regarding technical proposals, implementation, and
7-23 costing methodologies in response to a formal request for proposals
7-24 based on the design criteria package].
7-25 (2) In phase two, the district shall evaluate the
7-26 information submitted by the offerors on the basis of the selection
8-1 criteria stated in the request for qualifications and the results
8-2 of any interview. The district may request additional information
8-3 regarding demonstrated competence and qualifications,
8-4 considerations of the safety and long-term durability of the
8-5 project, the feasibility of implementing the project as proposed,
8-6 the ability of the offeror to meet schedules, costing methodology,
8-7 or other factors as appropriate. The district may not require
8-8 offerors to submit detailed engineering or architectural designs as
8-9 part of the proposal. The district shall rank each proposal
8-10 submitted on the basis of the criteria set forth in the request for
8-11 qualifications. The district shall select the design-build firm
8-12 that submits the proposal offering the best value for the district
8-13 on the basis of the published selection criteria and on its ranking
8-14 evaluations. The district shall first attempt to negotiate with
8-15 the selected offeror a contract. If the district is unable to
8-16 negotiate a satisfactory contract with the selected offeror, the
8-17 district shall, formally and in writing, end negotiations with that
8-18 offeror and proceed to negotiate with the next offeror in the order
8-19 of the selection ranking until a contract is reached or
8-20 negotiations with all ranked offerors end.
8-21 (f) Following selection of a design-build firm under
8-22 Subsection (e), that firm's engineers or architects shall complete
8-23 the design, submitting all design elements for review and
8-24 determination of scope compliance to [by] the district or
8-25 district's engineer or architect before or concurrently with
8-26 construction.
9-1 (j) A payment or performance bond is not required for, and
9-2 may not provide coverage for, the portion of a design-build
9-3 contract under this section that includes design services only. If
9-4 a fixed contract amount or guaranteed maximum price has not been
9-5 determined at the time a design-build contract is awarded, the
9-6 penal sums of the performance and payment bonds delivered to the
9-7 district must each be in an amount equal to the project budget, as
9-8 specified in the design criteria package. The design-build firm
9-9 shall deliver the bonds not later than the 10th day after the date
9-10 the design-build firm executes the contract unless the design-build
9-11 firm furnishes a bid bond or other financial security acceptable to
9-12 the district to ensure that the design-build firm will furnish the
9-13 required performance and payment bonds when a guaranteed maximum
9-14 price is established.
9-15 SECTION 7. Subsections (b) and (c), Section 44.037,
9-16 Education Code, are amended to read as follows:
9-17 (b) A construction manager-agent is a sole proprietorship,
9-18 partnership, corporation, or other legal entity that provides
9-19 consultation to the school district regarding construction,
9-20 rehabilitation, alteration, or repair of the facility. A district
9-21 using the construction manager-agent method may, under the contract
9-22 between the district and the construction manager-agent, require
9-23 the construction manager-agent to provide administrative personnel,
9-24 equipment necessary to perform duties under this section, and
9-25 on-site management and other services specified in the contract. A
9-26 construction manager-agent represents the district in a fiduciary
10-1 capacity[, except that it may perform general conditions as
10-2 provided by the contract].
10-3 (c) Before or concurrently with selecting a construction
10-4 manager-agent, the district shall select or designate an engineer
10-5 or architect who shall prepare the construction documents for the
10-6 project and who has full responsibility for complying with The
10-7 Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil
10-8 Statutes) or Chapter 478, Acts of the 45th Legislature, Regular
10-9 Session, 1937 (Article 249a, Vernon's Texas Civil Statutes), as
10-10 applicable. If the engineer or architect is not a full-time
10-11 employee of the district, the district shall select the engineer or
10-12 architect on the basis of demonstrated competence and
10-13 qualifications as provided by Section 2254.004, Government Code.
10-14 The district's engineer or architect may not serve, alone or in
10-15 combination with another person, as the construction manager-agent
10-16 unless the engineer or architect is hired to serve as the
10-17 construction manager-agent under a separate or concurrent
10-18 procurement conducted in accordance with this subchapter. This
10-19 subsection does not prohibit the district's engineer or architect
10-20 from providing customary construction phase services under the
10-21 engineer's or architect's original professional service agreement
10-22 in accordance with applicable licensing laws.
10-23 SECTION 8. Sections 44.038 and 44.039, Education Code, are
10-24 amended to read as follows:
10-25 Sec. 44.038. CONTRACTS FOR FACILITIES: CONSTRUCTION
10-26 MANAGER-AT-RISK. (a) A school district may use the construction
11-1 manager-at-risk method for the construction, rehabilitation,
11-2 alteration, or repair of a facility. In using that method and in
11-3 entering into a contract for the services of a construction
11-4 manager-at-risk, a district shall follow the procedures prescribed
11-5 by this section.
11-6 (b) A construction manager-at-risk is a sole proprietorship,
11-7 partnership, corporation, or other legal entity that assumes the
11-8 risk for construction, rehabilitation, alteration, or repair of a
11-9 facility at the contracted price as a general contractor and
11-10 provides consultation to the school district regarding construction
11-11 during and after the design of the facility.
11-12 (c) Before or concurrently with selecting a construction
11-13 manager-at-risk, the district shall select or designate an engineer
11-14 or architect who shall prepare the construction documents for the
11-15 project and who has full responsibility for complying with The
11-16 Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil
11-17 Statutes) or Chapter 478, Acts of the 45th Legislature, Regular
11-18 Session, 1937 (Article 249a, Vernon's Texas Civil Statutes), as
11-19 applicable. If the engineer or architect is not a full-time
11-20 employee of the district, the district shall select the engineer or
11-21 architect on the basis of demonstrated competence and
11-22 qualifications as provided by Section 2254.004, Government Code.
11-23 The district's engineer, architect, or construction manager-agent
11-24 for a project may not serve, alone or in combination with another,
11-25 as the construction manager-at-risk.
11-26 (d) The district shall provide or contract for,
12-1 independently of the construction manager-at-risk, the inspection
12-2 services, the testing of construction materials engineering, and
12-3 the verification testing services necessary for acceptance of the
12-4 facility by the district. The district shall select those services
12-5 for which it contracts in accordance with Section 2254.004,
12-6 Government Code.
12-7 (e) The district shall select the construction
12-8 manager-at-risk in either a one-step or two-step process. The
12-9 district shall prepare a request for [competitive sealed]
12-10 proposals, in the case of a one-step process, or a request for
12-11 qualifications, in the case of a two-step process, that includes
12-12 general information on the project site, project scope, schedule,
12-13 selection criteria, estimated budget, and the time and place for
12-14 receipt of proposals or qualifications, as applicable, a statement
12-15 as to whether the selection process is a one-step or two-step
12-16 process, and other information that may assist the district in its
12-17 selection of a construction manager-at-risk. The district shall
12-18 state the selection criteria in the request for proposals or
12-19 qualifications, as applicable. The selection criteria may include
12-20 the offeror's experience, past performance, safety record, proposed
12-21 personnel and methodology, and other appropriate factors that
12-22 demonstrate the capability of the construction manager-at-risk. If
12-23 a one-step process is used, the district may request, as part of
12-24 the offeror's proposal, proposed fees and prices for fulfilling the
12-25 general conditions. If a two-step process is used, the district
12-26 may not request fees or prices in step one. In step two, the [The]
13-1 district may request that five or fewer offerors, selected solely
13-2 on the basis of qualifications, provide additional information,
13-3 including [proposals provide] the construction manager-at-risk's
13-4 [manager's] proposed fee and its price for fulfilling the general
13-5 conditions. [The district shall state the selection criteria in
13-6 the request for proposals. The selection criteria may include the
13-7 offeror's experience, past performance, safety record, proposed
13-8 personnel and methodology, and other appropriate factors that
13-9 demonstrate the capability of the construction manager.]
13-10 (f) At each step, the [The district may provide for
13-11 prequalifying offerors before proposals are submitted.
13-12 Prequalification may not be a conclusive determination that an
13-13 offeror offers the best value to the district, and a prequalified
13-14 offeror may be rejected on the basis of subsequently discovered
13-15 information. A failure to prequalify does not bar a subsequent
13-16 determination that an offeror offers the best value to the district
13-17 with respect to a given proposal.]
13-18 [(g) The] district shall receive, publicly open, and read
13-19 aloud the names of the offerors. At the appropriate step, the
13-20 district shall also read aloud the fees and prices, if any, stated
13-21 in [and the monetary proposals, if any, for] each proposal as the
13-22 proposal is opened. Within 45 days after the date of opening the
13-23 proposals, the district shall evaluate and rank each proposal
13-24 submitted in relation to the criteria set forth in the request for
13-25 proposals.
13-26 (g) [(h)] The district shall select the offeror that submits
14-1 the proposal that offers the best value for [to] the district based
14-2 on the published selection criteria and on its ranking evaluation.
14-3 The district shall first attempt to negotiate with the selected
14-4 offeror a contract. If the district is unable to negotiate [reach]
14-5 a satisfactory contract [agreement] with the selected offeror, the
14-6 district shall, formally and in writing, end negotiations with that
14-7 offeror [terminate further discussions] and proceed to negotiate
14-8 with the next offeror in the order of the selection ranking until a
14-9 contract [agreement] is reached or negotiations with all ranked
14-10 offerors end [all proposals are rejected].
14-11 (h) [(i)] A construction manager-at-risk shall publicly
14-12 advertise, in accordance with Section 44.031(g), and receive bids
14-13 or [and solicit either competitive bids or competitive sealed]
14-14 proposals from trade contractors or subcontractors for the
14-15 performance of all major elements of the work other than the minor
14-16 work that may be included in the general conditions. A
14-17 construction manager-at-risk may seek to perform portions of the
14-18 work itself if the construction manager-at-risk submits its bid or
14-19 proposal for those portions of the work in the same manner as all
14-20 other trade contractors or subcontractors and if the district
14-21 determines that the construction manager-at-risk's bid or proposal
14-22 provides the best value for the district.
14-23 (i) [(j)] The construction manager-at-risk and the district
14-24 or its representative shall review [receive and open] all trade
14-25 contractor or subcontractor bids or proposals in a manner that does
14-26 not disclose the contents of the bid or proposal during the
15-1 selection process to a person not employed by the construction
15-2 manager-at-risk, engineer, architect, or district. All bids or
15-3 proposals shall be made public after the award of the contract or
15-4 within seven days after the date of final selection of bids or
15-5 proposals, whichever is later.
15-6 (j) [(k)] If the construction manager-at-risk reviews,
15-7 evaluates, and recommends to the district a bid or proposal from a
15-8 trade contractor or subcontractor but the district requires another
15-9 bid or proposal to be accepted, the district shall compensate the
15-10 construction manager-at-risk by a change in price, time, or
15-11 guaranteed maximum cost for any additional cost and risk that the
15-12 construction manager-at-risk may incur because of the district's
15-13 requirement that another bid or proposal be accepted.
15-14 (k) If a selected trade contractor or subcontractor defaults
15-15 in the performance of its work or fails to execute a subcontract
15-16 after being selected in accordance with this section, the
15-17 construction manager-at-risk may, without advertising, itself
15-18 fulfill the contract requirements or select a replacement trade
15-19 contractor or subcontractor to fulfill the contract requirements.
15-20 (l) If a fixed contract amount or guaranteed maximum price
15-21 has not been determined at the time the contract is awarded, the
15-22 penal sums of the performance and payment bonds delivered to the
15-23 district must each be in an amount equal to the project budget, as
15-24 specified in the request for qualifications. The construction
15-25 manager shall deliver the bonds not later than the 10th day after
15-26 the date the construction manager executes the contract unless the
16-1 construction manager furnishes a bid bond or other financial
16-2 security acceptable to the district to ensure that the construction
16-3 manager will furnish the required performance and payment bonds
16-4 when a guaranteed maximum price is established.
16-5 Sec. 44.039. SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES
16-6 THROUGH COMPETITIVE SEALED PROPOSALS. (a) In selecting a
16-7 contractor for construction, rehabilitation, alteration, or repair
16-8 services for a facility through competitive sealed proposals, a
16-9 school district shall follow the procedures prescribed by this
16-10 section.
16-11 (b) The district shall select or designate an engineer or
16-12 architect to prepare construction documents for the project. The
16-13 selected or designated engineer or architect has full
16-14 responsibility for complying with The Texas Engineering Practice
16-15 Act (Article 3271a, Vernon's Texas Civil Statutes) or Chapter 478,
16-16 Acts of the 45th Legislature, Regular Session, 1937 (Article 249a,
16-17 Vernon's Texas Civil Statutes), as applicable. If the engineer or
16-18 architect is not a full-time employee of the district, the district
16-19 shall select the engineer or architect on the basis of demonstrated
16-20 competence and qualifications as provided by Section 2254.004,
16-21 Government Code.
16-22 (c) The district shall provide or contract for,
16-23 independently of the contractor, the inspection services, the
16-24 testing of construction materials engineering, and the verification
16-25 testing services necessary for acceptance of the facility by the
16-26 district. The district shall select those services for which it
17-1 contracts in accordance with Section 2254.004, Government Code, and
17-2 shall identify them in the request for proposals.
17-3 (d) The district shall prepare a request for competitive
17-4 sealed proposals that includes construction documents, selection
17-5 criteria, estimated budget, project scope, schedule, and other
17-6 information that contractors may require to respond to the request.
17-7 The district shall state in the request for proposals the selection
17-8 criteria that will be used in selecting the successful offeror [in
17-9 the request for proposals]. [The selection criteria may include
17-10 the offeror's experience, past performance, safety record, proposed
17-11 personnel and methodology, and other appropriate factors that
17-12 demonstrate the capability of the contractor.]
17-13 (e) [The district may provide for prequalifying offerors
17-14 before proposals are submitted. Prequalification may not be a
17-15 conclusive determination that an offeror offers the best value to
17-16 the district, and a prequalified offeror may be rejected on the
17-17 basis of subsequently discovered information. A failure to
17-18 prequalify does not bar a subsequent determination that an offeror
17-19 offers the best value to the district with respect to a given
17-20 proposal.]
17-21 [(f)] The district shall receive, publicly open, and read
17-22 aloud the names of the offerors and, if any are required to be
17-23 stated, all prices [the monetary proposals, if any,] stated in each
17-24 proposal. Within 45 days after the date of opening the proposals,
17-25 the district shall evaluate and rank each proposal submitted in
17-26 relation to the published selection criteria.
18-1 (f) [(g)] The district shall select the offeror that offers
18-2 the best value for [to] the district based on the published
18-3 selection criteria and on its ranking evaluation. The district
18-4 shall first attempt to negotiate with the selected offeror a
18-5 contract. The district and its engineer or architect may discuss
18-6 with the selected offeror options for a scope or time modification
18-7 and any price change associated with the modification [cost
18-8 reduction]. If the district is unable to negotiate [reach] a
18-9 contract [agreement] with the selected offeror, the district shall,
18-10 formally and in writing, end negotiations with that offeror
18-11 [terminate further discussions] and proceed to the next offeror in
18-12 the order of the selection ranking until a contract [agreement] is
18-13 reached or all proposals are rejected.
18-14 (g) [(h)] In determining best value for the district, the
18-15 district is not restricted to considering price alone, but may
18-16 consider any other factor stated in the selection criteria.
18-17 SECTION 9. Subsection (b), Section 44.040, Education Code,
18-18 is amended to read as follows:
18-19 (b) Except as otherwise specifically provided by this
18-20 subsection, Subchapter B, Chapter 271 [Sections 271.021, 271.022,
18-21 271.026, 271.027(a), and 271.0275-271.030], Local Government Code,
18-22 does not apply to a competitive bidding process under this
18-23 subchapter [section]. Sections 271.026, 271.027(a), and 271.0275,
18-24 Local Government Code, apply to a competitive bidding process under
18-25 this subchapter.
18-26 SECTION 10. Section 44.041, Education Code, is amended to
19-1 read as follows:
19-2 Sec. 44.041. JOB ORDER CONTRACTS FOR FACILITIES CONSTRUCTION
19-3 OR REPAIR. (a) A school district may award job order contracts
19-4 for the minor construction, repair, rehabilitation, or alteration
19-5 of a facility if the work is of a recurring nature but the delivery
19-6 times are indefinite and indefinite quantities and orders are
19-7 awarded substantially on the basis of predescribed and prepriced
19-8 tasks.
19-9 (b) The school district may establish contractual unit
19-10 prices for a job order contract by:
19-11 (1) specifying one or more published construction unit
19-12 price books and the applicable divisions or line items; or
19-13 (2) providing a list of work items and requiring the
19-14 offerors to bid or propose one or more coefficients or multipliers
19-15 to be applied to the price book or work items as the price
19-16 proposal.
19-17 (c) The school district shall advertise for, receive, and
19-18 publicly open [competitive] sealed proposals for job order
19-19 contracts [based on time and material rates for various types and
19-20 classifications of work. The rates under a job order contract
19-21 shall be in effect for at least six months and for not longer than
19-22 two years].
19-23 (d) [(c)] The district may require offerors to submit
19-24 additional information besides rates, including experience, past
19-25 performance, and proposed personnel and methodology.
19-26 (e) [(d)] The district may award job order contracts to one
20-1 or more job order contractors in connection with each solicitation
20-2 of bids or [based on price] proposals[, experience, past
20-3 performance, proposed personnel and methodology, safety record, and
20-4 other appropriate factors].
20-5 (f) [(e)] An order for a job or project under the job order
20-6 contract must be signed by the district's representative and the
20-7 contractor. The order may be a fixed price, lump-sum contract
20-8 based substantially on contractual unit pricing applied to
20-9 estimated quantities [a statement of work negotiated between the
20-10 district or its representative and the contractor,] or [the order]
20-11 may be a unit price order based on the [estimated] quantities and
20-12 line items delivered.
20-13 (g) The contractor shall provide payment and performance
20-14 bonds, if required by law, based on the amount or estimated amount
20-15 of any order.
20-16 (h) The base term of a job order contract is for the period
20-17 and with any renewal option that the district sets forth in the
20-18 request for proposals. If the district fails to advertise that
20-19 term, the base term may not exceed two years and is not renewable
20-20 without further advertisement and solicitation of proposals.
20-21 (i) If a job order contract or an order issued under the
20-22 contract requires engineering or architectural services that
20-23 constitute the practice of engineering within the meaning of The
20-24 Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil
20-25 Statutes) or the practice of architecture within the meaning of
20-26 Chapter 478, Acts of the 45th Legislature, Regular Session, 1937
21-1 (Article 249a, Vernon's Texas Civil Statutes), those services shall
21-2 be provided in accordance with applicable law.
21-3 SECTION 11. Subdivision (8), Section 51.776, Education Code,
21-4 is amended to read as follows:
21-5 (8) "Institution" means an institution of higher
21-6 education as defined by Section 61.003, other than a public junior
21-7 college.
21-8 SECTION 12. Section 51.779, Education Code, is amended to
21-9 read as follows:
21-10 Sec. 51.779. EVALUATION OF BIDS AND [COMPETITIVE SEALED]
21-11 PROPOSALS FOR CONSTRUCTION SERVICES. (a) An institution that is
21-12 considering a construction contract using a method authorized by
21-13 this subchapter must, before advertising, determine which method
21-14 [Except as otherwise provided by this subchapter, the board of an
21-15 institution using competitive sealed proposals to select a
21-16 contractor for construction services, to select a construction
21-17 manager, or to award a job order contract for construction services
21-18 shall base its selection or award on a combination of price and
21-19 other factors that the board determines] provides the best value
21-20 for [to] the institution.
21-21 (b) The [An] institution shall base its selection among the
21-22 offerors on criteria established by the institution. The
21-23 institution shall publish in the request for bids, proposals, or
21-24 qualifications the criteria that will be used to evaluate the
21-25 offerors [using competitive sealed proposals may discuss proposals
21-26 with offerors after proposals have been opened to allow for
22-1 clarification and changes. The institution shall take adequate
22-2 precautions to ensure that information from competing proposals is
22-3 not disclosed to other offerors].
22-4 (c) The institution shall document the basis of its
22-5 selection and shall make the evaluations public not later than the
22-6 seventh day after the date the contract is awarded.
22-7 SECTION 13. Subdivision (3), Subsection (a), Section 51.780,
22-8 Education Code, is amended to read as follows:
22-9 (3) "Design criteria package" means a set of documents
22-10 that provides sufficient information to permit a design-build firm
22-11 to prepare a response to an institution's request for
22-12 qualifications and any additional information requested, including
22-13 criteria for selection [proposals]. The design criteria package
22-14 must specify criteria the institution considers necessary to
22-15 describe the project and may include, as appropriate, the legal
22-16 description of the site, survey information concerning the site,
22-17 interior space requirements, special material requirements,
22-18 material quality standards, conceptual criteria for the project,
22-19 special equipment requirements, cost or budget estimates, time
22-20 schedules, quality assurance and quality control requirements, site
22-21 development requirements, applicable codes and ordinances,
22-22 provisions for utilities, parking requirements, or any other
22-23 requirement, as applicable.
22-24 SECTION 14. Subsections (f) and (k), Section 51.780,
22-25 Education Code, are amended to read as follows:
22-26 (f) The board or its representative shall evaluate
23-1 statements of qualifications [proposals] and select a design-build
23-2 firm in two phases:
23-3 (1) In phase one, the board or its representative
23-4 shall prepare a request for qualifications and evaluate each
23-5 offeror's experience, technical competence, and capability to
23-6 perform, the past performance of the offeror's team and members of
23-7 the team, and other appropriate factors submitted by the team or
23-8 firm in response to the request for qualifications, except that
23-9 cost-related or price-related evaluation factors are not permitted.
23-10 Each offeror must certify to the board that each engineer or
23-11 architect that is a member of its team was selected based on
23-12 demonstrated competence and qualifications. The board or its
23-13 representative shall qualify a maximum of five [potential] offerors
23-14 to submit additional information and, if the board or its
23-15 representative chooses, to interview for final selection [regarding
23-16 technical proposals, implementation, and costing methodologies in
23-17 response to a formal request for proposals based on the design
23-18 criteria package].
23-19 (2) In phase two, the board or its representative
23-20 shall evaluate the information submitted by the offerors on the
23-21 basis of the selection criteria stated in the request for
23-22 qualifications and the results of any interview. The board or its
23-23 representative may request additional information regarding
23-24 demonstrated competence and qualifications, considerations of the
23-25 safety and long-term durability of the project, the feasibility of
23-26 implementing the project as proposed, the ability of the offeror to
24-1 meet schedules, costing methodology, or other factors as
24-2 appropriate. The board or its representative [institution] may not
24-3 require offerors to submit detailed engineering or architectural
24-4 designs [design] as part of the proposal. The board or its
24-5 representative shall rank each proposal submitted on the basis of
24-6 the criteria specified in the request for qualifications. The
24-7 board or its representative shall select the design-build firm that
24-8 submits the proposal offering the best value for the institution on
24-9 the basis of the published selection criteria and on its ranking
24-10 evaluations. The board or its representative shall first attempt
24-11 to negotiate with the selected offeror a contract. If the board or
24-12 its representative is unable to negotiate a satisfactory contract
24-13 with the selected offeror, the institution shall, formally and in
24-14 writing, end all negotiations with that offeror and proceed to
24-15 negotiate with the next offeror in the order of the selection
24-16 ranking until a contract is reached or negotiations with all ranked
24-17 offerors end.
24-18 (k) A payment or performance bond is not required for, and
24-19 may not provide coverage for, the portion of a design-build
24-20 contract under this section that includes design services only. If
24-21 a fixed contract amount or guaranteed maximum price has not been
24-22 determined at the time a design-build contract is awarded, the
24-23 penal sums of the performance and payment bonds delivered to the
24-24 institution shall each be in an amount equal to the project budget,
24-25 as specified in the design criteria package. The design-build firm
24-26 shall deliver the bonds not later than the 10th day after the date
25-1 the design-build firm executes the contract unless the design-build
25-2 firm furnishes a bid bond or other financial security acceptable to
25-3 the institution to ensure that the design-build firm will furnish
25-4 the required performance and payment bonds when a guaranteed
25-5 maximum price is established.
25-6 SECTION 15. Subsections (b) and (c), Section 51.781,
25-7 Education Code, are amended to read as follows:
25-8 (b) A construction manager-agent is a sole proprietorship,
25-9 partnership, corporation, or other legal entity that provides
25-10 consultation to the institution regarding construction,
25-11 rehabilitation, alteration, or repair of the facility. An
25-12 institution using the construction manager-agent method may, under
25-13 the contract between the institution and the construction
25-14 manager-agent, require the construction manager-agent to provide
25-15 administrative personnel, equipment necessary to perform duties
25-16 under this section, and on-site management and other services
25-17 specified in the contract. A construction manager-agent represents
25-18 the institution in a fiduciary capacity[, except that it may
25-19 perform general conditions as provided by the contract].
25-20 (c) Before or concurrently with selecting a construction
25-21 manager-agent, the board shall select or designate an engineer or
25-22 architect who shall prepare the construction documents for the
25-23 project and who has full responsibility for complying with The
25-24 Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil
25-25 Statutes) or Chapter 478, Acts of the 45th Legislature, Regular
25-26 Session, 1937 (Article 249a, Vernon's Texas Civil Statutes), as
26-1 applicable. If the engineer or architect is not a full-time
26-2 employee of the institution, the board shall select the engineer or
26-3 architect on the basis of demonstrated competence and
26-4 qualifications as provided by Section 2254.004, Government Code.
26-5 The institution's engineer or architect may not serve, alone or in
26-6 combination with another person, as the construction manager-agent
26-7 unless the engineer or architect is hired to serve as the
26-8 construction manager-agent under a separate or concurrent
26-9 procurement conducted in accordance with this subchapter. This
26-10 subsection does not prohibit the institution's engineer or
26-11 architect from providing customary construction phase services
26-12 under the engineer's or architect's original professional service
26-13 agreement in accordance with applicable licensing laws.
26-14 SECTION 16. Sections 51.782, 51.783, and 51.784, Education
26-15 Code, are amended to read as follows:
26-16 Sec. 51.782. CONTRACTS FOR FACILITIES: CONSTRUCTION
26-17 MANAGER-AT-RISK. (a) An institution may use the construction
26-18 manager-at-risk method for the construction, rehabilitation,
26-19 alteration, or repair of a facility. In using that method and in
26-20 entering into a contract for the services of a construction
26-21 manager-at-risk, a board shall follow the procedures prescribed by
26-22 this section.
26-23 (b) A construction manager-at-risk is a sole proprietorship,
26-24 partnership, corporation, or other legal entity that assumes the
26-25 risk for construction, rehabilitation, alteration, or repair of a
26-26 facility at the contracted price as a general contractor and
27-1 provides consultation to the institution regarding construction
27-2 during and after the design of the facility.
27-3 (c) Before or concurrently with selecting a construction
27-4 manager-at-risk, the board shall select or designate an engineer or
27-5 architect who shall prepare the construction documents for the
27-6 project and who has full responsibility for complying with The
27-7 Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil
27-8 Statutes) or Chapter 478, Acts of the 45th Legislature, Regular
27-9 Session, 1937 (Article 249a, Vernon's Texas Civil Statutes), as
27-10 applicable. If the engineer or architect is not a full-time
27-11 employee of the institution, the board shall select the engineer or
27-12 architect on the basis of demonstrated competence and
27-13 qualifications as provided by Section 2254.004, Government Code.
27-14 The institution's engineer, architect, or construction
27-15 manager-agent for a project may not serve, alone or in combination
27-16 with another, as the construction manager-at-risk.
27-17 (d) The board shall provide or contract for, independently
27-18 of the construction manager-at-risk, the inspection services, the
27-19 testing of construction materials engineering, and the verification
27-20 testing services necessary for acceptance of the facility by the
27-21 institution. The board shall select those services for which it
27-22 contracts in accordance with Section 2254.004, Government Code.
27-23 (e) The board shall select the construction manager-at-risk
27-24 in either a one-step or two-step process. The board shall prepare
27-25 a request for [competitive sealed] proposals, in the case of a
27-26 one-step process, or a request for qualifications, in the case of a
28-1 two-step process, that includes general information on the project
28-2 site, project scope, schedule, selection criteria, estimated
28-3 budget, and the time and place for receipt of proposals or
28-4 qualifications, as applicable, a statement as to whether the
28-5 selection process is a one-step or two-step process, and other
28-6 information that may assist the board in its selection of a
28-7 construction manager-at-risk. The board shall state the selection
28-8 criteria in the request for proposals or qualifications, as
28-9 applicable. The selection criteria may include the offeror's
28-10 experience, past performance, safety record, proposed personnel and
28-11 methodology, and other appropriate factors that demonstrate the
28-12 capability of the construction manager-at-risk. If a one-step
28-13 process is used, the board may request, as part of the offeror's
28-14 proposal, proposed fees and prices for fulfilling the general
28-15 conditions. If a two-step process is used, the board may not
28-16 request fees or prices in step one. In step two, the [The] board
28-17 may request that five or fewer offerors, selected solely on the
28-18 basis of qualifications, provide additional information, including
28-19 [proposals provide] the construction manager-at-risk's [manager's]
28-20 proposed fee and its price for fulfilling the general conditions.
28-21 [The board shall state the selection criteria in the request for
28-22 proposals. The selection criteria may include the offeror's
28-23 experience, past performance, safety record, proposed personnel and
28-24 methodology, and other appropriate factors that demonstrate the
28-25 capability of the construction manager.]
28-26 (f) The board shall publish the request for qualifications
29-1 [proposals] in a manner prescribed by the board.
29-2 (g) At each step, the [The board may provide for
29-3 prequalifying offerors before proposals are submitted.
29-4 Prequalification may not be a conclusive determination that an
29-5 offeror offers the best value to the institution, and a
29-6 prequalified offeror may be rejected on the basis of subsequently
29-7 discovered information. A failure to prequalify does not bar a
29-8 subsequent determination that an offeror offers the best value to
29-9 the institution with respect to a given proposal.]
29-10 [(h) The] board shall receive, publicly open, and read aloud
29-11 the names of the offerors. At the appropriate step, the board
29-12 shall also read aloud the fees and prices, if any, stated in [and
29-13 the monetary proposals, if any, for] each proposal as the proposal
29-14 is opened. Within 45 days after the date of opening the proposals,
29-15 the board or its representative shall evaluate and rank each
29-16 proposal submitted in relation to the criteria set forth in the
29-17 request for proposals.
29-18 (h) [(i)] The board or its representative shall select the
29-19 offeror that submits the proposal that offers the best value for
29-20 [to] the institution based on the published selection criteria and
29-21 on its ranking evaluation. The board or its representative shall
29-22 first attempt to negotiate with the selected offeror a contract.
29-23 If the board or its representative is unable to negotiate [reach] a
29-24 satisfactory contract [agreement] with the selected offeror, the
29-25 board or its representative shall, formally and in writing, end
29-26 negotiations with that offeror [terminate further discussions] and
30-1 proceed to negotiate with the next offeror in the order of the
30-2 selection ranking until a contract [agreement] is reached or
30-3 negotiations with all ranked offerors end [all proposals are
30-4 rejected].
30-5 (i) [(j)] A construction manager-at-risk shall publicly
30-6 advertise, in the manner prescribed by the institution, and receive
30-7 bids or [and solicit either competitive bids or competitive sealed]
30-8 proposals from trade contractors or subcontractors for the
30-9 performance of all major elements of the work other than the minor
30-10 work that may be included in the general conditions. A
30-11 construction manager-at-risk may seek to perform portions of the
30-12 work itself if the construction manager-at-risk submits its bid or
30-13 proposal for those portions of the work in the same manner as all
30-14 other trade contractors or subcontractors and if the board
30-15 determines that the construction manager-at-risk's bid or proposal
30-16 provides the best value for the institution.
30-17 (j) [(k)] The construction manager-at-risk and the board or
30-18 its representative shall review [receive and open] all trade
30-19 contractor or subcontractor bids or proposals in a manner that does
30-20 not disclose the contents of the bid or proposal during the
30-21 selection process to a person not employed by the construction
30-22 manager-at-risk, engineer, architect, or institution. All bids or
30-23 proposals shall be made public after the award of the contract or
30-24 within seven days after the date of final selection of bids and
30-25 proposals, whichever is later.
30-26 (k) [(l)] If the construction manager-at-risk reviews,
31-1 evaluates, and recommends to the board a bid or proposal from a
31-2 trade contractor or subcontractor but the board requires another
31-3 bid or proposal to be accepted, the institution shall compensate
31-4 the construction manager-at-risk by a change in price, time, or
31-5 guaranteed maximum cost for any additional cost and risk that the
31-6 construction manager-at-risk may incur because of the board's
31-7 requirement that another bid or proposal be accepted.
31-8 (l) If a selected trade contractor or subcontractor defaults
31-9 in the performance of its work or fails to execute a subcontract
31-10 after being selected in accordance with this section, the
31-11 construction manager-at-risk may, without advertising, itself
31-12 fulfill the contract requirements or select a replacement trade
31-13 contractor or subcontractor to fulfill the contract requirements.
31-14 (m) If a fixed contract amount or guaranteed maximum price
31-15 has not been determined at the time the contract is awarded, the
31-16 penal sums of the performance and payment bonds delivered to the
31-17 institution must each be in an amount equal to the project budget,
31-18 as set forth in the request for qualifications. The construction
31-19 manager shall deliver the bonds not later than the 10th day after
31-20 the date the construction manager executes the contract unless the
31-21 construction manager furnishes a bid bond or other financial
31-22 security acceptable to the institution to ensure that the
31-23 construction manager will furnish the required performance and
31-24 payment bonds when a guaranteed maximum price is established.
31-25 Sec. 51.783. SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES
31-26 THROUGH COMPETITIVE SEALED PROPOSALS. (a) In selecting a
32-1 contractor for construction, rehabilitation, alteration, or repair
32-2 services for a facility through competitive sealed proposals, a
32-3 board shall follow the procedures prescribed by this section.
32-4 (b) The board shall select or designate an engineer or
32-5 architect to prepare construction documents for the project. The
32-6 selected or designated engineer or architect has full
32-7 responsibility for complying with The Texas Engineering Practice
32-8 Act (Article 3271a, Vernon's Texas Civil Statutes) or Chapter 478,
32-9 Acts of the 45th Legislature, Regular Session, 1937 (Article 249a,
32-10 Vernon's Texas Civil Statutes), as applicable. If the engineer or
32-11 architect is not a full-time employee of the institution, the board
32-12 shall select the engineer or architect on the basis of demonstrated
32-13 competence and qualifications as provided by Section 2254.004,
32-14 Government Code.
32-15 (c) The board shall provide or contract for, independently
32-16 of the contractor, the inspection services, the testing of
32-17 construction materials engineering, and the verification testing
32-18 services necessary for acceptance of the facility by the
32-19 institution. The board shall select those services for which it
32-20 contracts in accordance with Section 2254.004, Government Code, and
32-21 shall identify them in the request for proposals.
32-22 (d) The board shall prepare a request for competitive sealed
32-23 proposals that includes construction documents, selection criteria,
32-24 estimated budget, project scope, schedule, and other information
32-25 that contractors may require to respond to the request. The board
32-26 shall state in the request for proposals the selection criteria
33-1 that will be used in selecting the successful offeror [in the
33-2 request for proposals]. [The selection criteria may include the
33-3 offeror's experience, past performance, safety record, proposed
33-4 personnel and methodology, and other appropriate factors that
33-5 demonstrate the capability of the contractor.]
33-6 (e) The board shall publish notice of the request for
33-7 proposals in a manner prescribed by the board.
33-8 (f) [The board may provide for prequalifying offerors before
33-9 proposals are submitted. Prequalification may not be a conclusive
33-10 determination that an offeror offers the best value to the
33-11 institution, and a prequalified offeror may be rejected on the
33-12 basis of subsequently discovered information. A failure to
33-13 prequalify does not bar a subsequent determination that an offeror
33-14 offers the best value to the institution with respect to a given
33-15 proposal.]
33-16 [(g)] The board shall receive, publicly open, and read aloud
33-17 the names of the offerors and, if any are required to be stated,
33-18 all prices [the monetary proposals, if any,] stated in each
33-19 proposal. Within 45 days after the date of opening the proposals
33-20 the board shall evaluate and rank each proposal submitted in
33-21 relation to the published selection criteria.
33-22 (g) [(h)] The board shall select the offeror that offers the
33-23 best value for [to] the institution based on the published
33-24 selection criteria and on its ranking evaluation. The board shall
33-25 first attempt to negotiate with the selected offeror a contract.
33-26 The board and its engineer or architect may discuss with the
34-1 selected offeror options for a scope or time modification and any
34-2 price change associated with the modification [cost reduction]. If
34-3 the board is unable to reach a contract [agreement] with the
34-4 selected offeror, the board shall, formally and in writing, end
34-5 negotiations with that offeror [terminate further discussions] and
34-6 proceed to the next offeror in the order of the selection ranking
34-7 until a contract [agreement] is reached or all proposals are
34-8 rejected.
34-9 (h) [(i)] In determining best value for the institution, the
34-10 board is not restricted to considering price alone but may consider
34-11 any other factor stated in the selection criteria.
34-12 Sec. 51.784. JOB ORDER CONTRACTS FOR FACILITIES CONSTRUCTION
34-13 OR REPAIR. (a) An institution may award job order contracts for
34-14 the minor construction, repair, rehabilitation, or alteration of a
34-15 facility if the work is of a recurring nature but the delivery
34-16 times are indefinite and indefinite quantities and orders are
34-17 awarded substantially on the basis of predescribed and prepriced
34-18 tasks.
34-19 (b) The institution may establish contractual unit prices
34-20 for a job order contract by:
34-21 (1) specifying one or more published construction unit
34-22 price books and the applicable divisions or line items; or
34-23 (2) providing a list of work items and requiring the
34-24 offerors to bid or propose one or more coefficients or multipliers
34-25 to be applied to the price book or work items as the price
34-26 proposal.
35-1 (c) The board shall advertise for, receive, and publicly
35-2 open [competitive] sealed proposals for job order contracts [based
35-3 on time and material rates for various types and classifications of
35-4 work. The rates under a job order contract shall be in effect for
35-5 at least six months and for not longer than two years].
35-6 (d) [(c)] The board may require offerors to submit
35-7 additional information besides rates, including experience, past
35-8 performance, and proposed personnel and methodology.
35-9 (e) [(d)] The board may award job order contracts to one or
35-10 more job order contractors in connection with each solicitation of
35-11 bids or [based on price] proposals[, experience, past performance,
35-12 proposed personnel and methodology, safety record, and other
35-13 appropriate factors].
35-14 (f) [(e)] An order for a job or project under the job order
35-15 contract must be signed by the board's representative and the
35-16 contractor. The order may be a fixed price, lump-sum contract
35-17 based substantially on contractual unit pricing applied to
35-18 estimated quantities [a statement of work negotiated between the
35-19 board or its representative and the contractor,] or [the order] may
35-20 be a unit price order based on the [estimated] quantities and line
35-21 items delivered.
35-22 (g) The contractor shall provide payment and performance
35-23 bonds, if required by law, based on the amount or estimated amount
35-24 of any order.
35-25 (h) The base term of a job order contract is for the period
35-26 and with any renewal options that the institution sets forth in the
36-1 request for proposals. If the institution fails to advertise that
36-2 term, the base term may not exceed two years and is not renewable
36-3 without further advertisement and solicitation of proposals.
36-4 (i) If a job order contract or an order issued under the
36-5 contract requires engineering or architectural services that
36-6 constitute the practice of engineering within the meaning of The
36-7 Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil
36-8 Statutes) or the practice of architecture within the meaning of
36-9 Chapter 478, Acts of the 45th Legislature, Regular Session, 1937
36-10 (Article 249a, Vernon's Texas Civil Statutes), those services shall
36-11 be provided in accordance with applicable law.
36-12 SECTION 17. Subsection (f), Section 51.9335, Education Code,
36-13 is amended to read as follows:
36-14 (f) This section does not apply to professional services as
36-15 defined by Section 2254.002, Government Code [expires September 1,
36-16 1999].
36-17 SECTION 18. This Act takes effect September 1, 1999. The
36-18 changes in law made by this Act apply only to a contract for which
36-19 requests for bids, proposals, or qualifications are published or
36-20 distributed on or after that date.
36-21 SECTION 19. The importance of this legislation and the
36-22 crowded condition of the calendars in both houses create an
36-23 emergency and an imperative public necessity that the
36-24 constitutional rule requiring bills to be read on three several
36-25 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 669 passed the Senate on
March 18, 1999, by a viva-voce vote; and that the Senate concurred
in House amendments on May 28, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 669 passed the House, with
amendments, on May 26, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor