By Farrar                                             H.B. No. 1375
         77R3343 MTB-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authority of the Texas Department of Transportation
 1-3     to contract for the removal of certain property from a state
 1-4     highway.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Subchapter B, Chapter 472, Transportation Code, is
 1-7     amended by adding Section 472.015 to read as follows:
 1-8           Sec. 472.015.  AUTHORITY TO CONTRACT. (a)  The department may
 1-9     contract for the removal of personal property from the right-of-way
1-10     or roadway of the state highway system with one or more private
1-11     businesses.
1-12           (b)  In selecting a business, the department is not required
1-13     to follow a competitive purchasing process and shall base its
1-14     decision on an evaluation of:
1-15                 (1)  the reputation and experience of the business;
1-16                 (2)  the quality of the business's equipment and
1-17     services;
1-18                 (3)  the business's past relationship with the
1-19     department;
1-20                 (4)  the business's location in the state; and
1-21                 (5)  the impact on the ability of the department to
1-22     comply with laws and rules relating to historically underutilized
1-23     businesses, as defined by Section 2161.001, Government Code.
1-24           SECTION 2. This Act takes effect September 1, 2001.