1-1                                   AN ACT
 1-2     relating to bids for a state highway improvement contract.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subchapter A, Chapter 223, Transportation Code,
 1-5     is amended by adding Sections 223.014 and 223.015 to read as
 1-6     follows:
 1-7           Sec. 223.014.  BID GUARANTY.  (a)  The commission by rule
 1-8     shall provide a method by which a bidder may submit a bid guaranty.
 1-9     A rule may authorize the use of an electronic funds transfer, a
1-10     check, including an electronic check, a money order, an escrow
1-11     account, a trust account, a credit card issued by a financial
1-12     institution chartered by a state or the United States or by a
1-13     nationally recognized credit organization approved by the
1-14     department, or another method the commission determines to be
1-15     suitable.  The department may require the payment of a discount or
1-16     service charge for the use of a credit card.
1-17           (b)  The department may establish one or more escrow accounts
1-18     in the state highway fund for the prepayment of bid guaranties.
1-19     The bid guaranties and any fees the department establishes to
1-20     administer this subsection shall be administered in accordance with
1-21     an agreement approved by the department.  Notwithstanding any other
1-22     law and as specified in the agreement, any available accumulated
1-23     interest and other income earned on money in an escrow account
1-24     shall be paid to the bidder or credited to the escrow account.
1-25           (c)  The department shall deposit each administrative fee and
 2-1     discount and service charge collected under this section to the
 2-2     credit of the state highway fund.
 2-3           (d)  The commission's rules may not prohibit a bidder from
 2-4     submitting a bid guaranty by use of a cashier's check, money order,
 2-5     or teller's check.
 2-6           Sec. 223.015.  DEPOSIT AND INVESTMENT OF BID GUARANTY.
 2-7     (a)  The department may authorize the use of a trust account for
 2-8     the purpose of providing a required bid guaranty.
 2-9           (b)  The guaranty shall be deposited in accordance with a
2-10     trust agreement with a state or nationally chartered financial
2-11     institution that has its main office or a branch office in this
2-12     state and that is selected by the bidder.
2-13           (c)  The department shall prescribe a trust agreement that
2-14     protects the interests of this state.
2-15           (d)  Interest earned under the trust agreement shall be paid
2-16     to the bidder unless specified otherwise in the trust agreement.
2-17           (e)  The applicable financial institution is responsible for
2-18     all amounts resulting from the deposit of the guaranty until
2-19     released from that responsibility in accordance with the trust
2-20     agreement.
2-21           (f)  The bidder shall pay all expenses incident to the
2-22     deposit and all charges imposed by the financial institution for
2-23     custody of the guaranties and forwarding of interest on a bid
2-24     guaranty.  The expenses may not be included in the bid and are not
2-25     otherwise the responsibility of the state.
2-26           (g)  On the request of a bidder, the financial institution
 3-1     may reinvest the guaranty amounts in a certificate of deposit or
 3-2     another similar instrument prescribed by the trust agreement.  The
 3-3     certificate of deposit or other instrument must be issued by a
 3-4     state or nationally chartered financial institution that has its
 3-5     main office or a branch office in this state.
 3-6           (h)  On request, the financial institution shall certify and
 3-7     verify to the department the amount on deposit.  The trust
 3-8     agreement must specify the method for providing the required
 3-9     information.
3-10           SECTION 2.  This Act takes effect immediately if it receives
3-11     a vote of two-thirds of all the members elected to each house, as
3-12     provided by Section 39, Article III, Texas Constitution.  If this
3-13     Act does not receive the vote necessary for immediate effect, this
3-14     Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I hereby certify that S.B. No. 487 passed the Senate on
         March 20, 2001, by the following vote:  Yeas 29, Nays 1, one
         present, not voting; and that the Senate concurred in House
         amendment on April 25, 2001, by the following vote:  Yeas 30,
         Nays 0, one present, not voting.
                                             _______________________________
                                                 Secretary of the Senate
               I hereby certify that S.B. No. 487 passed the House, with
         amendment, on April 20, 2001, by the following vote:  Yeas 142,
         Nays 0, two present, not voting.
                                             _______________________________
                                                Chief Clerk of the House
         Approved:
         _______________________________
                      Date
         _______________________________
                    Governor