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H.B. No. 2092
AN ACT
relating to the award of certain state highway maintenance
contracts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 223.042, Transportation Code, is amended
to read as follows:
Sec. 223.042. PRIVATIZATION OF MAINTENANCE CONTRACTS. (a)
Of the amount spent in a fiscal year by the department for
maintenance projects, the department shall spend not less than 50
percent through contracts awarded by competitive bids.
(b) Money spent for maintenance projects to which this
section does not apply are included when computing the amount of
expenditures for maintenance projects in a fiscal year.
(c) The department may award a contract under this section
as a purchase of service under Subtitle D, Title 10, Government
Code, if the department:
(1) estimates that the contract will involve an amount
less than $15,000; and
(2) determines that the competitive bidding procedure
in this chapter is not practical.
(d) The department shall consider all of its direct and
indirect costs in determining the cost of providing the services.
The department shall use the cost accounting procedures and
instructions developed by the State Council on Competitive
Government under Section 2162.102(c)(2), Government Code, in
determining its cost. On request, the State Council on Competitive
Government shall provide technical assistance to the department
about the cost accounting procedures and instructions.
(e) [(d)] Subsection (a) does not apply unless the
department determines that a function of comparable quality and
quantity can be purchased or performed at a savings by using private
sector contracts.
(f) [(e)] The department shall file a report with the
Legislative Budget Board on September 1 of each fiscal year
detailing the contracts awarded by the department under this
section during the previous fiscal year.
(g) [(f)] The commission shall adopt rules to administer
this section.
(h) [(g)] In this section, "maintenance project" means any
routine or preventive maintenance activity. The term includes
mowing, concrete removal and replacement, illumination
maintenance, guardrail repair, fence repair, litter pick-up,
herbicide spraying, pothole repair, silt and erosion control or
repair, sign installation, highway overlaying, paint and bead
striping, rest area maintenance, and installation of raised
pavement markings.
(i) [(h)] This section does not apply to the purchase of
materials for maintenance projects.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2092 was passed by the House on April
10, 2003, by the following vote: Yeas 143, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2092 was passed by the Senate on May
22, 2003, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor