By: Bernsen S.B. No. 1672
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the award of state highway improvement contracts.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subchapter A, Chapter 223, Transportation Code,
1-4 is amended by adding Section 223.0041 to read as follows:
1-5 Sec. 223.0041. AWARD OF CONTRACTS. (a) Except as provided
1-6 in Section 223.005, all bids received and not rejected by the
1-7 department shall be tabulated and forwarded to the commission and
1-8 may be accepted or rejected by the commission.
1-9 (b) If the bids are accepted, the commission shall award the
1-10 contract to the lowest bidder, subject to Section 223.045.
1-11 SECTION 2. Section 223.005, Transportation Code, is amended
1-12 to read as follows:
1-13 Sec. 223.005. BIDS ON CONTRACTS INVOLVING LESS THAN
1-14 $300,000.
1-15 (a) The commission by rule may allow bids on a contract
1-16 estimated by the department to involve an amount less than $300,000
1-17 to be filed with the district engineer at the headquarters for the
1-18 district in which the improvement is to be made and opened and read
1-19 at a public meeting held by the district engineer or the district
1-20 engineer's designee.
1-21 (b) [Except as provided by Subsection (d), all bids received
1-22 under this section and not rejected by the department shall be
2-1 tabulated and forwarded to the commission and may be accepted or
2-2 rejected by the commission.]
2-3 [(c) If the bids are accepted, the commission shall award
2-4 the contract to the lowest bidder, subject to Section 223.045.]
2-5 [(d)] The commission may delegate to the director or the
2-6 director's designee the right to:
2-7 (1) accept or reject bids received, subject to Section
2-8 223.045; and
2-9 (2) award a contract to the lowest bidder.
2-10 SECTION 3. Section 223.013(c), Transportation Code, is
2-11 amended to read as follows:
2-12 (c) A provision under this subchapter that requires [That
2-13 part of Section 223.004(a) requiring] a bid to be opened at a
2-14 public hearing [of the commission] does not apply to an
2-15 electronically submitted bid. A copy of each electronically
2-16 submitted bid shall be publicly posted within 48 hours after bids
2-17 are opened.
2-18 SECTION 4. The importance of this legislation and the
2-19 crowded condition of the calendars in both houses create an
2-20 emergency and an imperative public necessity that the
2-21 constitutional rule requiring bills to be read on three several
2-22 days in each house be suspended, and this rule is hereby suspended,
2-23 and that this Act take effect and be in force from and after its
2-24 passage, and it is so enacted.