By Davis of Harris H.B. No. 3581 77R8968 MCK-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the procedure for awarding certain contracts by a state 1-3 agency or school district. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter Z, Chapter 2252, Government Code, is 1-6 amended by adding Section 2252.902 to read as follows: 1-7 Sec. 2252.902. PROTEST OF MATERIAL SPECIFICATION IN 1-8 CONSTRUCTION OR REPAIR CONTRACTS. (a) This section applies to 1-9 state agencies, as defined by Section 2151.002, and school 1-10 districts. 1-11 (b) A state agency or a school district may not specify 1-12 materials in the bid specifications for a construction or repair 1-13 project unless the performance characteristics of the specified 1-14 materials are necessary to meet the agency's or school district's 1-15 minimum needs. 1-16 (c) A request for bids or proposals for a construction or 1-17 repair project must contain a procedure for protesting material 1-18 specifications. On filing a protest, the state agency or school 1-19 district shall produce independently prepared test data attested by 1-20 an architect or engineer showing that the specific materials listed 1-21 in the project specifications are necessary to meet the agency's or 1-22 school district's minimum needs for the project to prevent 1-23 premature failure. 1-24 (d) The engineer's or architect's test must demonstrate that 2-1 the actual conditions expected or calculated to be experienced on 2-2 the project require the performance characteristics provided by the 2-3 specific materials listed in the project specifications. 2-4 (e) If a state agency or school district fails to produce 2-5 independent test data to show the materials listed in the 2-6 specifications are necessary, other materials may be substituted 2-7 for the specified materials if the other materials are equivalent 2-8 products meeting the minimum needs and conditions normally expected 2-9 in the industry for the project, given the site conditions and 2-10 other relevant circumstances. 2-11 SECTION 2. This Act takes effect September 1, 2001.