78R12657 MI-D


By:  Van Arsdale                                                  H.B. No. 2887



A BILL TO BE ENTITLED

AN ACT

relating to the exemption of certain services necessary to comply 
with federal and state construction storm water requirements from 
certain contract requirements.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 49.278(a), Water Code, is amended to 
read as follows:    
	(a)  This subchapter does not apply to:                                        
		(1)  equipment, materials, or machinery purchased by 
the district at an auction that is open to the public;
		(2)  contracts for personal or professional services or 
for a utility service operator;
		(3)  contracts made by a district engaged in the 
distribution and sale of electric energy to the public;
		(4)  contracts for services or property for which there 
is only one source or for which it is otherwise impracticable to 
obtain competition; [or]
		(5)  high technology procurements; or                                  
		(6)  contracts for services related to compliance with 
a state or federal construction storm water requirement, including 
acquisition of permits, construction, repair, and removal of 
temporary erosion control devices, cleaning of silt and debris from 
streets and storm sewers, monitoring of construction sites, and 
preparation and filing of all required reports.
	SECTION 2.  (a)  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.
	(b)  The change in law made by this Act applies only to a 
contract executed on or after the effective date of this Act.