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.