By: Van Arsdale (Senate Sponsor - Lindsay) H.B. No. 2887
(In the Senate - Received from the House May 12, 2003;
May 13, 2003, read first time and referred to Committee on Natural
Resources; May 19, 2003, reported favorably by the following vote:
Yeas 10, Nays 0; May 19, 2003, sent to printer.)
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.
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