78R9807 JRJ-D


By:  Phillips                                                     H.B. No. 2899



A BILL TO BE ENTITLED

AN ACT

relating to the authority of the Texas Department of Transportation 
to contract for the erection and maintenance of specific 
information logo signs, major shopping area guide signs, and major 
agricultural interest signs.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 391.091, Transportation Code, is amended 
to read as follows:
	Sec. 391.091.  ERECTION AND MAINTENANCE OF SIGNS.  (a)  The 
department [commission] shall 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)  The department may enter into a contract under this 
section by the method that the department determines is the most 
practical or most advantageous for the state, including competitive 
bids, competitive sealed proposals, and open market contracts.
	(c)  The department shall make a written award of a contract 
to the offeror whose proposal offers the best value for the state.  
In determining the best value for the state, the department may 
consider:
		(1)  revenue provided to the department by the 
contractor;           
		(2)  fees to be charged eligible businesses or 
agricultural interests for inclusion on the signs;
		(3)  the quality of services offered;                                  
		(4)  the contractor's financial resources and ability 
to perform; and
		(5)  any other factor the department considers 
relevant.             
	(d)  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 the department.
	(e)  Subtitle D, Title 10, Government Code, and Chapter 223 
do not apply to purchases of goods and services under this section.
	SECTION 2.  Section 201.112(a), Transportation Code, is 
amended to read as follows:
	(a)  The commission may by rule establish procedures for the 
informal resolution of a claim arising out of a contract described 
by:
		(1)  Section 22.018;                                                          
		(2)  Chapter 223; [or]                                       
		(3)  Chapter 2254, Government Code; or                                 
		(4)  Section 391.091.                                                  
	SECTION 3.  Sections 391.097(b) and (c), Transportation 
Code, are repealed.  
	SECTION 4.  The change in law made by this Act applies only 
to a contract entered into by the Texas Department of 
Transportation on or after the effective date of this Act.  A 
contract entered into by the Texas Transportation Commission before 
the effective date of this Act is governed by the law as it existed 
immediately before the effective date of this Act, and the former 
law is continued in effect for that purpose.
	SECTION 5.  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.