By Dukes                                              H.B. No. 3539
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the disqualification of a consultant.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 2254.027. Selection of Consultant, is
 1-5     amended to read as follows:
 1-6     In selecting a consultant, a state agency shall:
 1-7                 (1)  base its choice on demonstrated competence,
 1-8     knowledge, and qualifications and on the reasonableness of the
 1-9     proposed fee for the services; [and]
1-10                 (2)  if other considerations are equal, give preference
1-11     to a consultant whose principal place of business is in the state
1-12     or who will manage the consulting contract wholly from an office in
1-13     the state[.];
1-14                 (3)  disqualify from selection a consultant which has
1-15     breached a contract with a local or quasi governmental entities in
1-16     Texas including but not limited to cities, counties, housing
1-17     authorities, transportation authorities, river authorities or other
1-18     similar public purpose entities;
1-19                 (4)  disqualify from selection a consultant which has
1-20     misrepresented to subcontractors as to the amount and scope of
1-21     their participation in previous awards made by the State, local or
1-22     quasi government entities in Texas or other entities as noted in
1-23     (a);
 2-1                 (5)  disqualify a consultant from participation with
 2-2     the agency if the consultant has participated in any meetings
 2-3     relative to a project which would provide a perceived or real
 2-4     competitive advantage over any other potential consultant.
 2-5           SECTION 2.  This Act takes effect September 1, 2001.