SRC-JEC H.B. 2899 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2899
78R9807 JRJ-DBy: Phillips (Estes)
Infrastructure Development and Security
5/15/2003
Engrossed


DIGEST AND PURPOSE 

The logo sign program was created in 1991 to provide motorists with
information regarding food, fuel, and lodging along certain state
highways.  Major shopping area and major agricultural interest signs were
added later.  Contracts for the erection and maintenance of these signs
are subject to competitive bidding requirements.  H.B. 2899 authorizes the
Texas Department of Transportation to use any method to obtain contractors
for the erection and maintenance of these signs, and requires the agency
to award contracts in the manner that would provide the best value for the
state. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Transportation
Commission in SECTION 2 (Section 201.112, Transportation Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.   Amends Section 391.091, Transportation Code, as follows:

(a)  Designated from existing text.  Requires the Texas Department of
Transportation (TxDOT), rather than the Texas Transportation Commission
(TTC), to contract with an individual firm, group, or association in this
state to erect and maintain specific information logo signs, major
shopping area guide signs and major agricultural interest signs at
appropriate locations along an eligible highway. 

(b)  Authorizes TxDOT to enter into a contract under this section by the
method that TxDOT determines is the most practical or most advantageous
for the state, including competitive bids, competitive sealed proposals,
and open market contracts. 

(c)  Requires TxDOT to make a written award of a contract to the offeror
whose proposal offers the best value for the state.  Sets forth
considerations for determining the best value for the state. 

(d)  Provides that, to the extent of any conflict, this section prevails
over any other law relating to the method of the purchasing of goods and
services by TxDOT. 

(e)  Provides that Subtitle D, Title 10, Government Code, and Chapter 223
do not apply to purchases of goods and services under this section. 

SECTION 2.   Amends Section 201.112(a), Transportation Code, to authorize
TTC by rule to establish procedures for the informal resolution of a claim
arising out of a contract described by Section 391.091. 

SECTION 3.  Repealers:  Sections 391.097(b) and (c) (regarding contracts
for agricultural interest signs), Transportation Code. 

 SECTION 4.  Makes application of this Act prospective.

SECTION 5.  Effective date:  upon passage or September 1, 2003.