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H.B. No. 2905
AN ACT
relating to certain requirements concerning specific information
logo signs, major agricultural interest signs, and major shopping
area guide signs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 391.098, Transportation Code, is amended
by adding Subsection (d) to read as follows:
(d) In this section, "director" means the director or the
director's designee.
SECTION 2. 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 3. 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 4. Sections 391.097(b) and (c), Transportation
Code, are repealed.
SECTION 5. 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 6. 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. 2905 was passed by the House on May 6,
2003, by the following vote: Yeas 143, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2905 on May 24, 2003, by the following vote: Yeas 126, Nays 0,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2905 was passed by the Senate, with
amendments, on May 23, 2003, by the following vote: Yeas 30, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor