SRC-BWC S.B. 1575 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1575
77R3343 MTB-DBy: Gallegos
State Affairs
4/5/2001
As Filed


DIGEST AND PURPOSE 

Currently, when a motor vehicle accident occurs on a state highway, the
Texas Department of Transportation (TXDOT) is responsible for contracting
with a tow truck or a recovery service company in order to either repair or
remove a disabled vehicle from the road.  TXDOT is required to select a
towing company based on a competitive pricing and is not allowed to
consider the company's reputation, equipment, or experience when making a
selection.  As proposed, S.B. 1575 authorizes TXDOT to contract with one or
more private businesses to facilitate the removal of motor vehicles
blocking roadways in a more expedient manner by allowing TXDOT to base a
contract on best business practices rather than competitive bid
requirements. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 472B, Transportation Code, by adding Section
472.015, as follows: 

Sec. 472.015.  AUTHORITY TO CONTRACT.  Authorizes the Department of
Transportation (department) to contract for the removal of personal
property from the right-ofway or roadway of the state highway system with
one or more private businesses.  Provides that the department, in selecting
a business, is not required to follow a competitive purchasing process and
requires the department to base its decision on an evaluation of:  the
reputation and experience of the business; quality of the equipment; past
relationship with the department; location in the state; and the impact on
the ability of the department to comply with laws and rules relating to
historically underutilized businesses, as defined by Section 2161.001
(Definitions), Government Code. 

SECTION 2.  Effective date: September 1, 2001.