76R13377 CAS-F
By Ratliff S.B. No. 669
Substitute the following for S.B. No. 669:
By Sadler C.S.S.B. No. 669
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain contracting procedures for school districts and
1-3 institutions of higher education.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsections (a), (d), (f), (g), (h), (i), (j),
1-6 and (l), Section 44.031, Education Code, are amended to read as
1-7 follows:
1-8 (a) Except as provided by this subchapter, all school
1-9 district contracts, except contracts for the purchase of produce or
1-10 vehicle fuel, valued at $25,000 or more in the aggregate for each
1-11 12-month period shall be made by the method, of the following
1-12 methods, that provides the best value for [to] the district:
1-13 (1) competitive bidding;
1-14 (2) competitive sealed proposals;
1-15 (3) a request for proposals, for services other than
1-16 construction services;
1-17 (4) a catalogue purchase as provided by Subchapter B,
1-18 Chapter 2157, Government Code;
1-19 (5) an interlocal contract;
1-20 (6) a design/build contract;
1-21 (7) a contract to construct, rehabilitate, alter, or
1-22 repair facilities that involves using a construction manager; or
1-23 (8) a job order contract for the minor construction,
2-1 repair, rehabilitation, or alteration of a facility.
2-2 (d) The board of trustees of the district may adopt rules
2-3 and procedures for the acquisition of goods or services.
2-4 (f) This section does not apply to contracts [fees received]
2-5 for professional services [rendered, including architect's fees,
2-6 attorney's fees, and fees for fiscal agents]. In this subsection,
2-7 "professional services" has the meaning assigned by Section
2-8 2254.002.
2-9 (g) Notice of the time by when and place where the bids or
2-10 proposals, or the responses to a request for qualifications, will
2-11 be received and opened shall be published in the county in which
2-12 the district's central administrative office is located, once a
2-13 week for at least two weeks before the deadline for receiving bids,
2-14 proposals, or responses to a request for qualifications. If[;
2-15 except that on contracts involving less than $25,000, the
2-16 advertising may be limited to two successive issues of any
2-17 newspaper published in the county in which the district's central
2-18 administrative office is located, and if] there is not a newspaper
2-19 in that county, the advertising shall be published in a newspaper
2-20 in the county nearest the county seat of the county in which the
2-21 district's central administrative office is located. In a two-step
2-22 procurement process, the time and place where the second-step bids,
2-23 proposals, or responses will be received are not required to be
2-24 published separately.
2-25 (h) If school equipment or a part of a school facility or
2-26 personal property is destroyed or severely damaged or, as a result
2-27 of an unforeseen catastrophe or emergency, undergoes major
3-1 operational or structural failure, and the board of trustees
3-2 determines that the delay posed by the methods provided for in this
3-3 section [competitive bidding process] would prevent or
3-4 substantially impair the conduct of classes or other essential
3-5 school activities, then contracts for the replacement or repair of
3-6 the equipment or the part of the school facility may be made by
3-7 methods other than those [without competitive bidding as otherwise]
3-8 required by this section.
3-9 (i) A [The board of trustees of a] school district may
3-10 acquire computers and computer-related equipment, including
3-11 computer software, through the General Services Commission under
3-12 contracts entered into in accordance with Chapter 2157, Government
3-13 Code. Before issuing an invitation for bids, the commission shall
3-14 consult with the agency concerning the computer and
3-15 computer-related equipment needs of school districts. To the
3-16 extent possible the resulting contract shall provide for such
3-17 needs.
3-18 (j) Without complying with Subsection (a), [the board of
3-19 trustees of] a school district may purchase an item that is
3-20 available from only one source, including:
3-21 (1) an item for which competition is precluded because
3-22 of the existence of a patent, copyright, secret process, or
3-23 monopoly;
3-24 (2) a film, manuscript, or book;
3-25 (3) a utility service, including electricity, gas, or
3-26 water; and
3-27 (4) a captive replacement part or component for
4-1 equipment.
4-2 (l) Each contract proposed to be made by [the board of
4-3 trustees of] a school district for the purchase or lease of one or
4-4 more school buses, including a lease with an option to purchase,
4-5 must be submitted to competitive bidding when the contract is
4-6 valued at $20,000 or more.
4-7 SECTION 2. Subchapter B, Chapter 44, Education Code, is
4-8 amended by adding Sections 44.0311 and 44.0312 to read as follows:
4-9 Sec. 44.0311. APPLICABILITY TO JUNIOR COLLEGE DISTRICTS.
4-10 (a) This subchapter applies to junior college districts.
4-11 (b) For purposes of this subchapter, "board of trustees"
4-12 includes the governing board of a junior college district.
4-13 Sec. 44.0312. DELEGATION. (a) The board of trustees of the
4-14 district may, as appropriate, delegate its authority under this
4-15 subchapter regarding an action authorized or required by this
4-16 subchapter to be taken by a school district to a designated person,
4-17 representative, or committee. In procuring construction services,
4-18 the district shall provide notice of the delegation and the limits
4-19 of the delegation in the request for bids, proposals, or
4-20 qualifications or in an addendum to the request. If the district
4-21 fails to provide that notice, a ranking, selection, or evaluation
4-22 of bids, proposals, or qualifications for construction services
4-23 other than by the board of trustees in an open public meeting is
4-24 advisory only.
4-25 (b) The board may not delegate the authority to act
4-26 regarding an action authorized or required by this subchapter to be
4-27 taken by the board of trustees of a school district.
5-1 SECTION 3. Subsection (f), Section 44.032, Education Code,
5-2 is amended to read as follows:
5-3 (f) A court may enjoin performance of a contract made in
5-4 violation of this subchapter [Section 44.031(a) or (b)]. A county
5-5 attorney, a district attorney, a criminal district attorney, [or] a
5-6 citizen of the county in which the school district is located, or
5-7 any interested party may bring an action for an injunction. A
5-8 party [citizen] who prevails in an action brought under this
5-9 subsection is entitled to reasonable attorney's fees as approved by
5-10 the court.
5-11 SECTION 4. Section 44.035, Education Code, is amended to
5-12 read as follows:
5-13 Sec. 44.035. EVALUATION OF BIDS AND [COMPETITIVE SEALED]
5-14 PROPOSALS FOR CONSTRUCTION SERVICES. (a) The board of trustees of
5-15 a school district that is considering a construction contract using
5-16 a method specified by Section 44.031(a) must, before advertising,
5-17 determine which method [Except as otherwise provided by this
5-18 subchapter, a school district using competitive sealed proposals to
5-19 select a contractor for construction services, to select a
5-20 construction manager, or to award a job order contract for
5-21 construction services shall base its selection or award on a
5-22 combination of price and other factors that the district
5-23 determines] provides the best value for [to] the district.
5-24 (b) The [A school] district shall base its selection among
5-25 offerors on criteria authorized to be used under Section 44.031(b).
5-26 The district shall publish in the request for bids, proposals, or
5-27 qualifications the criteria that will be used to evaluate the
6-1 offerors and the relative weights, if known at the time of the
6-2 publication, given to the criteria [using competitive sealed
6-3 proposals may discuss proposals with offerors after proposals have
6-4 been opened to allow for clarification and changes. The district
6-5 shall take adequate precautions to ensure that information from
6-6 competing proposals is not disclosed to other offerors].
6-7 (c) The district shall document the basis of its selection
6-8 and shall make the evaluations public not later than the seventh
6-9 day after the date the contract is awarded.
6-10 SECTION 5. Subdivision (3), Subsection (a), Section 44.036,
6-11 Education Code, is amended to read as follows:
6-12 (3) "Design criteria package" means a set of documents
6-13 that provides sufficient information to permit a design-build firm
6-14 to prepare a response to a school district's request for
6-15 qualifications and any additional information requested, including
6-16 criteria for selection [proposals]. The design criteria package
6-17 must specify criteria the district considers necessary to describe
6-18 the project and may include, as appropriate, the legal description
6-19 of the site, survey information concerning the site, interior space
6-20 requirements, special material requirements, material quality
6-21 standards, conceptual criteria for the project, special equipment
6-22 requirements, cost or budget estimates, time schedules, quality
6-23 assurance and quality control requirements, site development
6-24 requirements, applicable codes and ordinances, provisions for
6-25 utilities, parking requirements, or any other requirement, as
6-26 applicable.
6-27 SECTION 6. Subsections (e), (f), and (j), Section 44.036,
7-1 Education Code, are amended to read as follows:
7-2 (e) The district shall evaluate statements of qualifications
7-3 [proposals] and select a design-build firm in two phases:
7-4 (1) In phase one, the district shall prepare a request
7-5 for qualifications and evaluate each offeror's experience,
7-6 technical competence, and capability to perform, the past
7-7 performance of the offeror's team and members of the team, and
7-8 other appropriate factors submitted by the team or firm in response
7-9 to the request for qualifications, except that cost-related or
7-10 price-related evaluation factors are not permitted. Each offeror
7-11 must certify to the district that each engineer or architect that
7-12 is a member of its team was selected based on demonstrated
7-13 competence and qualifications. The district shall qualify a
7-14 maximum of five [potential] offerors to submit additional
7-15 information and, if the district chooses, to interview for final
7-16 selection [regarding technical proposals, implementation, and
7-17 costing methodologies in response to a formal request for proposals
7-18 based on the design criteria package].
7-19 (2) In phase two, the district shall evaluate the
7-20 information submitted by the offerors on the basis of the selection
7-21 criteria stated in the request for qualifications and the results
7-22 of any interview. The district may request additional information
7-23 regarding demonstrated competence and qualifications,
7-24 considerations of the safety and long-term durability of the
7-25 project, the feasibility of implementing the project as proposed,
7-26 the ability of the offeror to meet schedules, costing methodology,
7-27 or other factors as appropriate. The district may not require
8-1 offerors to submit detailed engineering or architectural designs as
8-2 part of the proposal. The district shall rank each proposal
8-3 submitted on the basis of the criteria set forth in the request for
8-4 qualifications. The district shall select the design-build firm
8-5 that submits the proposal offering the best value for the district
8-6 on the basis of the published selection criteria and on its ranking
8-7 evaluations. The district shall first attempt to negotiate with
8-8 the selected offeror a contract. If the district is unable to
8-9 negotiate a satisfactory contract with the selected offeror, the
8-10 district shall, formally and in writing, end negotiations with that
8-11 offeror and proceed to negotiate with the next offeror in the order
8-12 of the selection ranking until a contract is reached or
8-13 negotiations with all ranked offerors end.
8-14 (f) Following selection of a design-build firm under
8-15 Subsection (e), that firm's engineers or architects shall complete
8-16 the design, submitting all design elements for review and
8-17 determination of scope compliance to [by] the district or
8-18 district's engineer or architect before or concurrently with
8-19 construction.
8-20 (j) A payment or performance bond is not required for, and
8-21 may not provide coverage for, the portion of a design-build
8-22 contract under this section that includes design services only. If
8-23 a fixed contract amount or guaranteed maximum price has not been
8-24 determined at the time a design-build contract is awarded, the
8-25 penal sums of the performance and payment bonds delivered to the
8-26 district must each be in an amount equal to the project budget, as
8-27 specified in the design criteria package. The design-build firm
9-1 shall deliver the bonds not later than the 10th day after the date
9-2 the design-build firm executes the contract unless the design-build
9-3 firm furnishes a bid bond or other financial security acceptable to
9-4 the district to ensure that the design-build firm will furnish the
9-5 required performance and payment bonds when a guaranteed maximum
9-6 price is established.
9-7 SECTION 7. Subsections (b) and (c), Section 44.037,
9-8 Education Code, are amended to read as follows:
9-9 (b) A construction manager-agent is a sole proprietorship,
9-10 partnership, corporation, or other legal entity that provides
9-11 consultation to the school district regarding construction,
9-12 rehabilitation, alteration, or repair of the facility. A district
9-13 using the construction manager-agent method may, under the contract
9-14 between the district and the construction manager-agent, require
9-15 the construction manager-agent to provide administrative personnel,
9-16 equipment necessary to perform duties under this section, and
9-17 on-site management and other services specified in the contract. A
9-18 construction manager-agent represents the district in a fiduciary
9-19 capacity[, except that it may perform general conditions as
9-20 provided by the contract].
9-21 (c) Before or concurrently with selecting a construction
9-22 manager-agent, the district shall select or designate an engineer
9-23 or architect who shall prepare the construction documents for the
9-24 project and who has full responsibility for complying with The
9-25 Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil
9-26 Statutes) or Chapter 478, Acts of the 45th Legislature, Regular
9-27 Session, 1937 (Article 249a, Vernon's Texas Civil Statutes), as
10-1 applicable. If the engineer or architect is not a full-time
10-2 employee of the district, the district shall select the engineer or
10-3 architect on the basis of demonstrated competence and
10-4 qualifications as provided by Section 2254.004, Government Code.
10-5 The district's engineer or architect may not serve, alone or in
10-6 combination with another person, as the construction manager-agent
10-7 unless the engineer or architect is hired to serve as the
10-8 construction manager-agent under a separate or concurrent
10-9 procurement conducted in accordance with this subchapter. This
10-10 subsection does not prohibit the district's engineer or architect
10-11 from providing customary construction phase services under the
10-12 engineer's or architect's original professional service agreement
10-13 in accordance with applicable licensing laws.
10-14 SECTION 8. Sections 44.038 and 44.039, Education Code, are
10-15 amended to read as follows:
10-16 Sec. 44.038. CONTRACTS FOR FACILITIES: CONSTRUCTION
10-17 MANAGER-AT-RISK. (a) A school district may use the construction
10-18 manager-at-risk method for the construction, rehabilitation,
10-19 alteration, or repair of a facility. In using that method and in
10-20 entering into a contract for the services of a construction
10-21 manager-at-risk, a district shall follow the procedures prescribed
10-22 by this section.
10-23 (b) A construction manager-at-risk is a sole proprietorship,
10-24 partnership, corporation, or other legal entity that assumes the
10-25 risk for construction, rehabilitation, alteration, or repair of a
10-26 facility at the contracted price as a general contractor and
10-27 provides consultation to the school district regarding construction
11-1 during and after the design of the facility.
11-2 (c) Before or concurrently with selecting a construction
11-3 manager-at-risk, the district shall select or designate an engineer
11-4 or architect who shall prepare the construction documents for the
11-5 project and who has full responsibility for complying with The
11-6 Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil
11-7 Statutes) or Chapter 478, Acts of the 45th Legislature, Regular
11-8 Session, 1937 (Article 249a, Vernon's Texas Civil Statutes), as
11-9 applicable. If the engineer or architect is not a full-time
11-10 employee of the district, the district shall select the engineer or
11-11 architect on the basis of demonstrated competence and
11-12 qualifications as provided by Section 2254.004, Government Code.
11-13 The district's engineer, architect, or construction manager-agent
11-14 for a project may not serve, alone or in combination with another,
11-15 as the construction manager-at-risk.
11-16 (d) The district shall provide or contract for,
11-17 independently of the construction manager-at-risk, the inspection
11-18 services, the testing of construction materials engineering, and
11-19 the verification testing services necessary for acceptance of the
11-20 facility by the district. The district shall select those services
11-21 for which it contracts in accordance with Section 2254.004,
11-22 Government Code.
11-23 (e) The district shall select the construction
11-24 manager-at-risk in either a one-step or two-step process. The
11-25 district shall prepare a request for [competitive sealed]
11-26 proposals, in the case of a one-step process, or a request for
11-27 qualifications, in the case of a two-step process, that includes
12-1 general information on the project site, project scope, schedule,
12-2 selection criteria, estimated budget, and the time and place for
12-3 receipt of proposals or qualifications, as applicable, a statement
12-4 as to whether the selection process is a one-step or two-step
12-5 process, and other information that may assist the district in its
12-6 selection of a construction manager-at-risk. The district shall
12-7 state the selection criteria in the request for proposals or
12-8 qualifications, as applicable. The selection criteria may include
12-9 the offeror's experience, past performance, safety record, proposed
12-10 personnel and methodology, and other appropriate factors that
12-11 demonstrate the capability of the construction manager-at-risk. If
12-12 a one-step process is used, the district may request, as part of
12-13 the offeror's proposal, proposed fees and prices for fulfilling the
12-14 general conditions. If a two-step process is used, the district
12-15 may not request fees or prices in step one. In step two, the [The]
12-16 district may request that five or fewer offerors, selected solely
12-17 on the basis of qualifications, provide additional information,
12-18 including [proposals provide] the construction manager-at-risk's
12-19 [manager's] proposed fee and its price for fulfilling the general
12-20 conditions. [The district shall state the selection criteria in
12-21 the request for proposals. The selection criteria may include the
12-22 offeror's experience, past performance, safety record, proposed
12-23 personnel and methodology, and other appropriate factors that
12-24 demonstrate the capability of the construction manager.]
12-25 (f) At each step, the [The district may provide for
12-26 prequalifying offerors before proposals are submitted.
12-27 Prequalification may not be a conclusive determination that an
13-1 offeror offers the best value to the district, and a prequalified
13-2 offeror may be rejected on the basis of subsequently discovered
13-3 information. A failure to prequalify does not bar a subsequent
13-4 determination that an offeror offers the best value to the district
13-5 with respect to a given proposal.]
13-6 [(g) The] district shall receive, publicly open, and read
13-7 aloud the names of the offerors. At the appropriate step, the
13-8 district shall also read aloud the fees and prices, if any, stated
13-9 in [and the monetary proposals, if any, for] each proposal as the
13-10 proposal is opened. Within 45 days after the date of opening the
13-11 proposals, the district shall evaluate and rank each proposal
13-12 submitted in relation to the criteria set forth in the request for
13-13 proposals.
13-14 (g) [(h)] The district shall select the offeror that submits
13-15 the proposal that offers the best value for [to] the district based
13-16 on the published selection criteria and on its ranking evaluation.
13-17 The district shall first attempt to negotiate with the selected
13-18 offeror a contract. If the district is unable to negotiate [reach]
13-19 a satisfactory contract [agreement] with the selected offeror, the
13-20 district shall, formally and in writing, end negotiations with that
13-21 offeror [terminate further discussions] and proceed to negotiate
13-22 with the next offeror in the order of the selection ranking until a
13-23 contract [agreement] is reached or negotiations with all ranked
13-24 offerors end [all proposals are rejected].
13-25 (h) [(i)] A construction manager-at-risk shall publicly
13-26 advertise, in accordance with Section 44.031(g), and receive bids
13-27 or [and solicit either competitive bids or competitive sealed]
14-1 proposals from trade contractors or subcontractors for the
14-2 performance of all major elements of the work other than the minor
14-3 work that may be included in the general conditions. A
14-4 construction manager-at-risk may seek to perform portions of the
14-5 work itself if the construction manager-at-risk submits its bid or
14-6 proposal for those portions of the work in the same manner as all
14-7 other trade contractors or subcontractors and if the district
14-8 determines that the construction manager-at-risk's bid or proposal
14-9 provides the best value for the district.
14-10 (i) [(j)] The construction manager-at-risk and the district
14-11 or its representative shall review [receive and open] all trade
14-12 contractor or subcontractor bids or proposals in a manner that does
14-13 not disclose the contents of the bid or proposal during the
14-14 selection process to a person not employed by the construction
14-15 manager-at-risk, engineer, architect, or district. All bids or
14-16 proposals shall be made public after the award of the contract or
14-17 within seven days after the date of final selection of bids or
14-18 proposals, whichever is later.
14-19 (j) [(k)] If the construction manager-at-risk reviews,
14-20 evaluates, and recommends to the district a bid or proposal from a
14-21 trade contractor or subcontractor but the district requires another
14-22 bid or proposal to be accepted, the district shall compensate the
14-23 construction manager-at-risk by a change in price, time, or
14-24 guaranteed maximum cost for any additional cost and risk that the
14-25 construction manager-at-risk may incur because of the district's
14-26 requirement that another bid or proposal be accepted.
14-27 (k) If a selected trade contractor or subcontractor defaults
15-1 in the performance of its work or fails to execute a subcontract
15-2 after being selected in accordance with this section, the
15-3 construction manager-at-risk may, without advertising, itself
15-4 fulfill the contract requirements or select a replacement trade
15-5 contractor or subcontractor to fulfill the contract requirements.
15-6 (l) If a fixed contract amount or guaranteed maximum price
15-7 has not been determined at the time the contract is awarded, the
15-8 penal sums of the performance and payment bonds delivered to the
15-9 district must each be in an amount equal to the project budget, as
15-10 specified in the request for qualifications. The construction
15-11 manager shall deliver the bonds not later than the 10th day after
15-12 the date the construction manager executes the contract unless the
15-13 construction manager furnishes a bid bond or other financial
15-14 security acceptable to the district to ensure that the construction
15-15 manager will furnish the required performance and payment bonds
15-16 when a guaranteed maximum price is established.
15-17 Sec. 44.039. SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES
15-18 THROUGH COMPETITIVE SEALED PROPOSALS. (a) In selecting a
15-19 contractor for construction, rehabilitation, alteration, or repair
15-20 services for a facility through competitive sealed proposals, a
15-21 school district shall follow the procedures prescribed by this
15-22 section.
15-23 (b) The district shall select or designate an engineer or
15-24 architect to prepare construction documents for the project. The
15-25 selected or designated engineer or architect has full
15-26 responsibility for complying with The Texas Engineering Practice
15-27 Act (Article 3271a, Vernon's Texas Civil Statutes) or Chapter 478,
16-1 Acts of the 45th Legislature, Regular Session, 1937 (Article 249a,
16-2 Vernon's Texas Civil Statutes), as applicable. If the engineer or
16-3 architect is not a full-time employee of the district, the district
16-4 shall select the engineer or architect on the basis of demonstrated
16-5 competence and qualifications as provided by Section 2254.004,
16-6 Government Code.
16-7 (c) The district shall provide or contract for,
16-8 independently of the contractor, the inspection services, the
16-9 testing of construction materials engineering, and the verification
16-10 testing services necessary for acceptance of the facility by the
16-11 district. The district shall select those services for which it
16-12 contracts in accordance with Section 2254.004, Government Code, and
16-13 shall identify them in the request for proposals.
16-14 (d) The district shall prepare a request for competitive
16-15 sealed proposals that includes construction documents, selection
16-16 criteria, estimated budget, project scope, schedule, and other
16-17 information that contractors may require to respond to the request.
16-18 The district shall state in the request for proposals the selection
16-19 criteria that will be used in selecting the successful offeror [in
16-20 the request for proposals]. [The selection criteria may include
16-21 the offeror's experience, past performance, safety record, proposed
16-22 personnel and methodology, and other appropriate factors that
16-23 demonstrate the capability of the contractor.]
16-24 (e) [The district may provide for prequalifying offerors
16-25 before proposals are submitted. Prequalification may not be a
16-26 conclusive determination that an offeror offers the best value to
16-27 the district, and a prequalified offeror may be rejected on the
17-1 basis of subsequently discovered information. A failure to
17-2 prequalify does not bar a subsequent determination that an offeror
17-3 offers the best value to the district with respect to a given
17-4 proposal.]
17-5 [(f)] The district shall receive, publicly open, and read
17-6 aloud the names of the offerors and, if any are required to be
17-7 stated, all prices [the monetary proposals, if any,] stated in each
17-8 proposal. Within 45 days after the date of opening the proposals,
17-9 the district shall evaluate and rank each proposal submitted in
17-10 relation to the published selection criteria.
17-11 (f) [(g)] The district shall select the offeror that offers
17-12 the best value for [to] the district based on the published
17-13 selection criteria and on its ranking evaluation. The district
17-14 shall first attempt to negotiate with the selected offeror a
17-15 contract. The district and its engineer or architect may discuss
17-16 with the selected offeror options for a scope or time modification
17-17 and any price change associated with the modification [cost
17-18 reduction]. If the district is unable to negotiate [reach] a
17-19 contract [agreement] with the selected offeror, the district shall,
17-20 formally and in writing, end negotiations with that offeror
17-21 [terminate further discussions] and proceed to the next offeror in
17-22 the order of the selection ranking until a contract [agreement] is
17-23 reached or all proposals are rejected.
17-24 (g) [(h)] In determining best value for the district, the
17-25 district is not restricted to considering price alone, but may
17-26 consider any other factor stated in the selection criteria.
17-27 SECTION 9. Subsection (b), Section 44.040, Education Code,
18-1 is amended to read as follows:
18-2 (b) Except as otherwise specifically provided by this
18-3 subsection, Subchapter B, Chapter 271 [Sections 271.021, 271.022,
18-4 271.026, 271.027(a), and 271.0275-271.030], Local Government Code,
18-5 does not apply to a competitive bidding process under this
18-6 subchapter [section]. Sections 271.026, 271.027(a), and 271.0275,
18-7 Local Government Code, apply to a competitive bidding process under
18-8 this subchapter.
18-9 SECTION 10. Section 44.041, Education Code, is amended to
18-10 read as follows:
18-11 Sec. 44.041. JOB ORDER CONTRACTS FOR FACILITIES CONSTRUCTION
18-12 OR REPAIR. (a) A school district may award job order contracts
18-13 for the minor construction, repair, rehabilitation, or alteration
18-14 of a facility if the work is of a recurring nature but the delivery
18-15 times are indefinite and indefinite quantities and orders are
18-16 awarded substantially on the basis of predescribed and prepriced
18-17 tasks.
18-18 (b) The school district may establish contractual unit
18-19 prices for a job order contract by:
18-20 (1) specifying one or more published construction unit
18-21 price books and the applicable divisions or line items; or
18-22 (2) providing a list of work items and requiring the
18-23 offerors to bid or propose one or more coefficients or multipliers
18-24 to be applied to the price book or work items as the price
18-25 proposal.
18-26 (c) The school district shall advertise for, receive, and
18-27 publicly open [competitive] sealed proposals for job order
19-1 contracts [based on time and material rates for various types and
19-2 classifications of work. The rates under a job order contract
19-3 shall be in effect for at least six months and for not longer than
19-4 two years].
19-5 (d) [(c)] The district may require offerors to submit
19-6 additional information besides rates, including experience, past
19-7 performance, and proposed personnel and methodology.
19-8 (e) [(d)] The district may award job order contracts to one
19-9 or more job order contractors in connection with each solicitation
19-10 of bids or [based on price] proposals[, experience, past
19-11 performance, proposed personnel and methodology, safety record, and
19-12 other appropriate factors].
19-13 (f) [(e)] An order for a job or project under the job order
19-14 contract must be signed by the district's representative and the
19-15 contractor. The order may be a fixed price, lump-sum contract
19-16 based substantially on contractual unit pricing applied to
19-17 estimated quantities [a statement of work negotiated between the
19-18 district or its representative and the contractor,] or [the order]
19-19 may be a unit price order based on the [estimated] quantities and
19-20 line items delivered.
19-21 (g) The contractor shall provide payment and performance
19-22 bonds, if required by law, based on the amount or estimated amount
19-23 of any order.
19-24 (h) The base term of a job order contract is for the period
19-25 and with any renewal option that the district sets forth in the
19-26 request for proposals. If the district fails to advertise that
19-27 term, the base term may not exceed two years and is not renewable
20-1 without further advertisement and solicitation of proposals.
20-2 (i) If a job order contract or an order issued under the
20-3 contract requires engineering or architectural services that
20-4 constitute the practice of engineering within the meaning of The
20-5 Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil
20-6 Statutes) or the practice of architecture within the meaning of
20-7 Chapter 478, Acts of the 45th Legislature, Regular Session, 1937
20-8 (Article 249a, Vernon's Texas Civil Statutes), those services shall
20-9 be provided in accordance with applicable law.
20-10 SECTION 11. Section 51.776(8), Education Code, is amended to
20-11 read as follows:
20-12 (8) "Institution" means an institution of higher
20-13 education as defined by Section 61.003, other than a public junior
20-14 college.
20-15 SECTION 12. Section 51.779, Education Code, is amended to
20-16 read as follows:
20-17 Sec. 51.779. EVALUATION OF BIDS AND [COMPETITIVE SEALED]
20-18 PROPOSALS FOR CONSTRUCTION SERVICES. (a) An institution that is
20-19 considering a construction contract using a method authorized by
20-20 this subchapter must, before advertising, determine which method
20-21 [Except as otherwise provided by this subchapter, the board of an
20-22 institution using competitive sealed proposals to select a
20-23 contractor for construction services, to select a construction
20-24 manager, or to award a job order contract for construction services
20-25 shall base its selection or award on a combination of price and
20-26 other factors that the board determines] provides the best value
20-27 for [to] the institution.
21-1 (b) The [An] institution shall base its selection among the
21-2 offerors on criteria established by the institution. The
21-3 institution shall publish in the request for bids, proposals, or
21-4 qualifications the criteria that will be used to evaluate the
21-5 offerors and the relative weights, if known at the time of the
21-6 publication, given to the criteria [using competitive sealed
21-7 proposals may discuss proposals with offerors after proposals have
21-8 been opened to allow for clarification and changes. The
21-9 institution shall take adequate precautions to ensure that
21-10 information from competing proposals is not disclosed to other
21-11 offerors].
21-12 (c) The institution shall document the basis of its
21-13 selection and shall make the evaluations public not later than the
21-14 seventh day after the date the contract is awarded.
21-15 SECTION 13. Subdivision (3), Subsection (a), Section 51.780,
21-16 Education Code, is amended to read as follows:
21-17 (3) "Design criteria package" means a set of documents
21-18 that provides sufficient information to permit a design-build firm
21-19 to prepare a response to an institution's request for
21-20 qualifications and any additional information requested, including
21-21 criteria for selection [proposals]. The design criteria package
21-22 must specify criteria the institution considers necessary to
21-23 describe the project and may include, as appropriate, the legal
21-24 description of the site, survey information concerning the site,
21-25 interior space requirements, special material requirements,
21-26 material quality standards, conceptual criteria for the project,
21-27 special equipment requirements, cost or budget estimates, time
22-1 schedules, quality assurance and quality control requirements, site
22-2 development requirements, applicable codes and ordinances,
22-3 provisions for utilities, parking requirements, or any other
22-4 requirement, as applicable.
22-5 SECTION 14. Subsections (f) and (k), Section 51.780,
22-6 Education Code, are amended to read as follows:
22-7 (f) The board or its representative shall evaluate
22-8 statements of qualifications [proposals] and select a design-build
22-9 firm in two phases:
22-10 (1) In phase one, the board or its representative
22-11 shall prepare a request for qualifications and evaluate each
22-12 offeror's experience, technical competence, and capability to
22-13 perform, the past performance of the offeror's team and members of
22-14 the team, and other appropriate factors submitted by the team or
22-15 firm in response to the request for qualifications, except that
22-16 cost-related or price-related evaluation factors are not permitted.
22-17 Each offeror must certify to the board that each engineer or
22-18 architect that is a member of its team was selected based on
22-19 demonstrated competence and qualifications. The board or its
22-20 representative shall qualify a maximum of five [potential] offerors
22-21 to submit additional information and, if the board or its
22-22 representative chooses, to interview for final selection [regarding
22-23 technical proposals, implementation, and costing methodologies in
22-24 response to a formal request for proposals based on the design
22-25 criteria package].
22-26 (2) In phase two, the board or its representative
22-27 shall evaluate the information submitted by the offerors on the
23-1 basis of the selection criteria stated in the request for
23-2 qualifications and the results of any interview. The board or its
23-3 representative may request additional information regarding
23-4 demonstrated competence and qualifications, considerations of the
23-5 safety and long-term durability of the project, the feasibility of
23-6 implementing the project as proposed, the ability of the offeror to
23-7 meet schedules, costing methodology, or other factors as
23-8 appropriate. The board or its representative [institution] may not
23-9 require offerors to submit detailed engineering or architectural
23-10 designs [design] as part of the proposal. The board or its
23-11 representative shall rank each proposal submitted on the basis of
23-12 the criteria specified in the request for qualifications. The
23-13 board or its representative shall select the design-build firm that
23-14 submits the proposal offering the best value for the institution on
23-15 the basis of the published selection criteria and on its ranking
23-16 evaluations. The board or its representative shall first attempt
23-17 to negotiate with the selected offeror a contract. If the board or
23-18 its representative is unable to negotiate a satisfactory contract
23-19 with the selected offeror, the institution shall, formally and in
23-20 writing, end all negotiations with that offeror and proceed to
23-21 negotiate with the next offeror in the order of the selection
23-22 ranking until a contract is reached or negotiations with all ranked
23-23 offerors end.
23-24 (k) A payment or performance bond is not required for, and
23-25 may not provide coverage for, the portion of a design-build
23-26 contract under this section that includes design services only. If
23-27 a fixed contract amount or guaranteed maximum price has not been
24-1 determined at the time a design-build contract is awarded, the
24-2 penal sums of the performance and payment bonds delivered to the
24-3 institution shall each be in an amount equal to the project budget,
24-4 as specified in the design criteria package. The design-build firm
24-5 shall deliver the bonds not later than the 10th day after the date
24-6 the design-build firm executes the contract unless the design-build
24-7 firm furnishes a bid bond or other financial security acceptable to
24-8 the institution to ensure that the design-build firm will furnish
24-9 the required performance and payment bonds when a guaranteed
24-10 maximum price is established.
24-11 SECTION 15. Subsections (b) and (c), Section 51.781,
24-12 Education Code, are amended to read as follows:
24-13 (b) A construction manager-agent is a sole proprietorship,
24-14 partnership, corporation, or other legal entity that provides
24-15 consultation to the institution regarding construction,
24-16 rehabilitation, alteration, or repair of the facility. An
24-17 institution using the construction manager-agent method may, under
24-18 the contract between the institution and the construction
24-19 manager-agent, require the construction manager-agent to provide
24-20 administrative personnel, equipment necessary to perform duties
24-21 under this section, and on-site management and other services
24-22 specified in the contract. A construction manager-agent represents
24-23 the institution in a fiduciary capacity[, except that it may
24-24 perform general conditions as provided by the contract].
24-25 (c) Before or concurrently with selecting a construction
24-26 manager-agent, the board shall select or designate an engineer or
24-27 architect who shall prepare the construction documents for the
25-1 project and who has full responsibility for complying with The
25-2 Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil
25-3 Statutes) or Chapter 478, Acts of the 45th Legislature, Regular
25-4 Session, 1937 (Article 249a, Vernon's Texas Civil Statutes), as
25-5 applicable. If the engineer or architect is not a full-time
25-6 employee of the institution, the board shall select the engineer or
25-7 architect on the basis of demonstrated competence and
25-8 qualifications as provided by Section 2254.004, Government Code.
25-9 The institution's engineer or architect may not serve, alone or in
25-10 combination with another person, as the construction manager-agent
25-11 unless the engineer or architect is hired to serve as the
25-12 construction manager-agent under a separate or concurrent
25-13 procurement conducted in accordance with this subchapter. This
25-14 subsection does not prohibit the institution's engineer or
25-15 architect from providing customary construction phase services
25-16 under the engineer's or architect's original professional service
25-17 agreement in accordance with applicable licensing laws.
25-18 SECTION 16. Sections 51.782, 51.783, and 51.784, Education
25-19 Code, are amended to read as follows:
25-20 Sec. 51.782. CONTRACTS FOR FACILITIES: CONSTRUCTION
25-21 MANAGER-AT-RISK. (a) An institution may use the construction
25-22 manager-at-risk method for the construction, rehabilitation,
25-23 alteration, or repair of a facility. In using that method and in
25-24 entering into a contract for the services of a construction
25-25 manager-at-risk, a board shall follow the procedures prescribed by
25-26 this section.
25-27 (b) A construction manager-at-risk is a sole proprietorship,
26-1 partnership, corporation, or other legal entity that assumes the
26-2 risk for construction, rehabilitation, alteration, or repair of a
26-3 facility at the contracted price as a general contractor and
26-4 provides consultation to the institution regarding construction
26-5 during and after the design of the facility.
26-6 (c) Before or concurrently with selecting a construction
26-7 manager-at-risk, the board shall select or designate an engineer or
26-8 architect who shall prepare the construction documents for the
26-9 project and who has full responsibility for complying with The
26-10 Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil
26-11 Statutes) or Chapter 478, Acts of the 45th Legislature, Regular
26-12 Session, 1937 (Article 249a, Vernon's Texas Civil Statutes), as
26-13 applicable. If the engineer or architect is not a full-time
26-14 employee of the institution, the board shall select the engineer or
26-15 architect on the basis of demonstrated competence and
26-16 qualifications as provided by Section 2254.004, Government Code.
26-17 The institution's engineer, architect, or construction
26-18 manager-agent for a project may not serve, alone or in combination
26-19 with another, as the construction manager-at-risk.
26-20 (d) The board shall provide or contract for, independently
26-21 of the construction manager-at-risk, the inspection services, the
26-22 testing of construction materials engineering, and the verification
26-23 testing services necessary for acceptance of the facility by the
26-24 institution. The board shall select those services for which it
26-25 contracts in accordance with Section 2254.004, Government Code.
26-26 (e) The board shall select the construction manager-at-risk
26-27 in either a one-step or two-step process. The board shall prepare
27-1 a request for [competitive sealed] proposals, in the case of a
27-2 one-step process, or a request for qualifications, in the case of a
27-3 two-step process, that includes general information on the project
27-4 site, project scope, schedule, selection criteria, estimated
27-5 budget, and the time and place for receipt of proposals or
27-6 qualifications, as applicable, a statement as to whether the
27-7 selection process is a one-step or two-step process, and other
27-8 information that may assist the board in its selection of a
27-9 construction manager-at-risk. The board shall state the selection
27-10 criteria in the request for proposals or qualifications, as
27-11 applicable. The selection criteria may include the offeror's
27-12 experience, past performance, safety record, proposed personnel and
27-13 methodology, and other appropriate factors that demonstrate the
27-14 capability of the construction manager-at-risk. If a one-step
27-15 process is used, the board may request, as part of the offeror's
27-16 proposal, proposed fees and prices for fulfilling the general
27-17 conditions. If a two-step process is used, the board may not
27-18 request fees or prices in step one. In step two, the [The] board
27-19 may request that five or fewer offerors, selected solely on the
27-20 basis of qualifications, provide additional information, including
27-21 [proposals provide] the construction manager-at-risk's [manager's]
27-22 proposed fee and its price for fulfilling the general conditions.
27-23 [The board shall state the selection criteria in the request for
27-24 proposals. The selection criteria may include the offeror's
27-25 experience, past performance, safety record, proposed personnel and
27-26 methodology, and other appropriate factors that demonstrate the
27-27 capability of the construction manager.]
28-1 (f) The board shall publish the request for qualifications
28-2 [proposals] in a manner prescribed by the board.
28-3 (g) At each step, the [The board may provide for
28-4 prequalifying offerors before proposals are submitted.
28-5 Prequalification may not be a conclusive determination that an
28-6 offeror offers the best value to the institution, and a
28-7 prequalified offeror may be rejected on the basis of subsequently
28-8 discovered information. A failure to prequalify does not bar a
28-9 subsequent determination that an offeror offers the best value to
28-10 the institution with respect to a given proposal.]
28-11 [(h) The] board shall receive, publicly open, and read aloud
28-12 the names of the offerors. At the appropriate step, the board
28-13 shall also read aloud the fees and prices, if any, stated in [and
28-14 the monetary proposals, if any, for] each proposal as the proposal
28-15 is opened. Within 45 days after the date of opening the proposals,
28-16 the board or its representative shall evaluate and rank each
28-17 proposal submitted in relation to the criteria set forth in the
28-18 request for proposals.
28-19 (h) [(i)] The board or its representative shall select the
28-20 offeror that submits the proposal that offers the best value for
28-21 [to] the institution based on the published selection criteria and
28-22 on its ranking evaluation. The board or its representative shall
28-23 first attempt to negotiate with the selected offeror a contract.
28-24 If the board or its representative is unable to negotiate [reach] a
28-25 satisfactory contract [agreement] with the selected offeror, the
28-26 board or its representative shall, formally and in writing, end
28-27 negotiations with that offeror [terminate further discussions] and
29-1 proceed to negotiate with the next offeror in the order of the
29-2 selection ranking until a contract [agreement] is reached or
29-3 negotiations with all ranked offerors end [all proposals are
29-4 rejected].
29-5 (i) [(j)] A construction manager-at-risk shall publicly
29-6 advertise, in the manner prescribed by the institution, and receive
29-7 bids or [and solicit either competitive bids or competitive sealed]
29-8 proposals from trade contractors or subcontractors for the
29-9 performance of all major elements of the work other than the minor
29-10 work that may be included in the general conditions. A
29-11 construction manager-at-risk may seek to perform portions of the
29-12 work itself if the construction manager-at-risk submits its bid or
29-13 proposal for those portions of the work in the same manner as all
29-14 other trade contractors or subcontractors and if the board
29-15 determines that the construction manager-at-risk's bid or proposal
29-16 provides the best value for the institution.
29-17 (j) [(k)] The construction manager-at-risk and the board or
29-18 its representative shall review [receive and open] all trade
29-19 contractor or subcontractor bids or proposals in a manner that does
29-20 not disclose the contents of the bid or proposal during the
29-21 selection process to a person not employed by the construction
29-22 manager-at-risk, engineer, architect, or institution. All bids or
29-23 proposals shall be made public after the award of the contract or
29-24 within seven days after the date of final selection of bids and
29-25 proposals, whichever is later.
29-26 (k) [(l)] If the construction manager-at-risk reviews,
29-27 evaluates, and recommends to the board a bid or proposal from a
30-1 trade contractor or subcontractor but the board requires another
30-2 bid or proposal to be accepted, the institution shall compensate
30-3 the construction manager-at-risk by a change in price, time, or
30-4 guaranteed maximum cost for any additional cost and risk that the
30-5 construction manager-at-risk may incur because of the board's
30-6 requirement that another bid or proposal be accepted.
30-7 (l) If a selected trade contractor or subcontractor defaults
30-8 in the performance of its work or fails to execute a subcontract
30-9 after being selected in accordance with this section, the
30-10 construction manager-at-risk may, without advertising, itself
30-11 fulfill the contract requirements or select a replacement trade
30-12 contractor or subcontractor to fulfill the contract requirements.
30-13 (m) If a fixed contract amount or guaranteed maximum price
30-14 has not been determined at the time the contract is awarded, the
30-15 penal sums of the performance and payment bonds delivered to the
30-16 institution must each be in an amount equal to the project budget,
30-17 as set forth in the request for qualifications. The construction
30-18 manager shall deliver the bonds not later than the 10th day after
30-19 the date the construction manager executes the contract unless the
30-20 construction manager furnishes a bid bond or other financial
30-21 security acceptable to the institution to ensure that the
30-22 construction manager will furnish the required performance and
30-23 payment bonds when a guaranteed maximum price is established.
30-24 Sec. 51.783. SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES
30-25 THROUGH COMPETITIVE SEALED PROPOSALS. (a) In selecting a
30-26 contractor for construction, rehabilitation, alteration, or repair
30-27 services for a facility through competitive sealed proposals, a
31-1 board shall follow the procedures prescribed by this section.
31-2 (b) The board shall select or designate an engineer or
31-3 architect to prepare construction documents for the project. The
31-4 selected or designated engineer or architect has full
31-5 responsibility for complying with The Texas Engineering Practice
31-6 Act (Article 3271a, Vernon's Texas Civil Statutes) or Chapter 478,
31-7 Acts of the 45th Legislature, Regular Session, 1937 (Article 249a,
31-8 Vernon's Texas Civil Statutes), as applicable. If the engineer or
31-9 architect is not a full-time employee of the institution, the board
31-10 shall select the engineer or architect on the basis of demonstrated
31-11 competence and qualifications as provided by Section 2254.004,
31-12 Government Code.
31-13 (c) The board shall provide or contract for, independently
31-14 of the contractor, the inspection services, the testing of
31-15 construction materials engineering, and the verification testing
31-16 services necessary for acceptance of the facility by the
31-17 institution. The board shall select those services for which it
31-18 contracts in accordance with Section 2254.004, Government Code, and
31-19 shall identify them in the request for proposals.
31-20 (d) The board shall prepare a request for competitive sealed
31-21 proposals that includes construction documents, selection criteria,
31-22 estimated budget, project scope, schedule, and other information
31-23 that contractors may require to respond to the request. The board
31-24 shall state in the request for proposals the selection criteria
31-25 that will be used in selecting the successful offeror [in the
31-26 request for proposals]. [The selection criteria may include the
31-27 offeror's experience, past performance, safety record, proposed
32-1 personnel and methodology, and other appropriate factors that
32-2 demonstrate the capability of the contractor.]
32-3 (e) The board shall publish notice of the request for
32-4 proposals in a manner prescribed by the board.
32-5 (f) [The board may provide for prequalifying offerors before
32-6 proposals are submitted. Prequalification may not be a conclusive
32-7 determination that an offeror offers the best value to the
32-8 institution, and a prequalified offeror may be rejected on the
32-9 basis of subsequently discovered information. A failure to
32-10 prequalify does not bar a subsequent determination that an offeror
32-11 offers the best value to the institution with respect to a given
32-12 proposal.]
32-13 [(g)] The board shall receive, publicly open, and read aloud
32-14 the names of the offerors and, if any are required to be stated,
32-15 all prices [the monetary proposals, if any,] stated in each
32-16 proposal. Within 45 days after the date of opening the proposals
32-17 the board shall evaluate and rank each proposal submitted in
32-18 relation to the published selection criteria.
32-19 (g) [(h)] The board shall select the offeror that offers the
32-20 best value for [to] the institution based on the published
32-21 selection criteria and on its ranking evaluation. The board shall
32-22 first attempt to negotiate with the selected offeror a contract.
32-23 The board and its engineer or architect may discuss with the
32-24 selected offeror options for a scope or time modification and any
32-25 price change associated with the modification [cost reduction]. If
32-26 the board is unable to reach a contract [agreement] with the
32-27 selected offeror, the board shall, formally and in writing, end
33-1 negotiations with that offeror [terminate further discussions] and
33-2 proceed to the next offeror in the order of the selection ranking
33-3 until a contract [agreement] is reached or all proposals are
33-4 rejected.
33-5 (h) [(i)] In determining best value for the institution, the
33-6 board is not restricted to considering price alone but may consider
33-7 any other factor stated in the selection criteria.
33-8 Sec. 51.784. JOB ORDER CONTRACTS FOR FACILITIES CONSTRUCTION
33-9 OR REPAIR. (a) An institution may award job order contracts for
33-10 the minor construction, repair, rehabilitation, or alteration of a
33-11 facility if the work is of a recurring nature but the delivery
33-12 times are indefinite and indefinite quantities and orders are
33-13 awarded substantially on the basis of predescribed and prepriced
33-14 tasks.
33-15 (b) The institution may establish contractual unit prices
33-16 for a job order contract by:
33-17 (1) specifying one or more published construction unit
33-18 price books and the applicable divisions or line items; or
33-19 (2) providing a list of work items and requiring the
33-20 offerors to bid or propose one or more coefficients or multipliers
33-21 to be applied to the price book or work items as the price
33-22 proposal.
33-23 (c) The board shall advertise for, receive, and publicly
33-24 open [competitive] sealed proposals for job order contracts [based
33-25 on time and material rates for various types and classifications of
33-26 work. The rates under a job order contract shall be in effect for
33-27 at least six months and for not longer than two years].
34-1 (d) [(c)] The board may require offerors to submit
34-2 additional information besides rates, including experience, past
34-3 performance, and proposed personnel and methodology.
34-4 (e) [(d)] The board may award job order contracts to one or
34-5 more job order contractors in connection with each solicitation of
34-6 bids or [based on price] proposals[, experience, past performance,
34-7 proposed personnel and methodology, safety record, and other
34-8 appropriate factors].
34-9 (f) [(e)] An order for a job or project under the job order
34-10 contract must be signed by the board's representative and the
34-11 contractor. The order may be a fixed price, lump-sum contract
34-12 based substantially on contractual unit pricing applied to
34-13 estimated quantities [a statement of work negotiated between the
34-14 board or its representative and the contractor,] or [the order] may
34-15 be a unit price order based on the [estimated] quantities and line
34-16 items delivered.
34-17 (g) The contractor shall provide payment and performance
34-18 bonds, if required by law, based on the amount or estimated amount
34-19 of any order.
34-20 (h) The base term of a job order contract is for the period
34-21 and with any renewal options that the institution sets forth in the
34-22 request for proposals. If the institution fails to advertise that
34-23 term, the base term may not exceed two years and is not renewable
34-24 without further advertisement and solicitation of proposals.
34-25 (i) If a job order contract or an order issued under the
34-26 contract requires engineering or architectural services that
34-27 constitute the practice of engineering within the meaning of The
35-1 Texas Engineering Practice Act (Article 3271a, Vernon's Texas Civil
35-2 Statutes) or the practice of architecture within the meaning of
35-3 Chapter 478, Acts of the 45th Legislature, Regular Session, 1937
35-4 (Article 249a, Vernon's Texas Civil Statutes), those services shall
35-5 be provided in accordance with applicable law.
35-6 SECTION 17. Section 51.9335(f), Education Code, is amended
35-7 to read as follows:
35-8 (f) This section does not apply to professional services as
35-9 defined by Section 2254.002, Government Code [expires September 1,
35-10 1999].
35-11 SECTION 18. This Act takes effect September 1, 1999. The
35-12 changes in law made by this Act apply only to a contract for which
35-13 requests for bids, proposals, or qualifications are published or
35-14 distributed on or after that date.
35-15 SECTION 19. The importance of this legislation and the
35-16 crowded condition of the calendars in both houses create an
35-17 emergency and an imperative public necessity that the
35-18 constitutional rule requiring bills to be read on three several
35-19 days in each house be suspended, and this rule is hereby suspended.