H.B. No. 2887




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. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 2887 was passed by the House on May 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. 2887 was passed by the Senate on May 27, 2003, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor