78R4816 MTB-F

By:  Deuell                                                       S.B. No. 1412

relating to procurement rules, guidelines, and procedures for regional transportation authorities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 452.106, Transportation Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows: (a) The executive committee may adopt and enforce procurement procedures, guidelines, and rules: (1) defining the terms in and implementing Sections 452.107 and 452.108(a) and (b); or (2) covering: (A) the appointment of contracting officers; (B) the solicitation for and award of contracts, including the electronic transmission of bids and proposals and the use of the reverse auction procedure, as defined by Section 2155.062, Government Code; (C) the resolution of protests and contract disputes; (D) foreign currency transactions and conversions and foreign exchange rate risk management; or (E) other aspects of the procurement process for domestic and international contracts. (c) A procurement procedure, guideline, or rule covering the electronic transmission of bids and proposals must provide: (1) for the identification, security, and confidentiality of an electronic bid or proposal; (2) that an electronic bid or proposal is not required to be sealed; and (3) that an electronic bid or proposal remains effectively unopened until the appropriate time. SECTION 2. Section 452.107(a), Transportation Code, is amended to read as follows: (a) Except as provided by Subsection (c), an authority may not award a contract for construction, services, or property, other than real property, except through the solicitation of competitive sealed bids or proposals, including the reverse auction procedure, ensuring full and open competition. SECTION 3. (a) The changes in law made by this Act to a regional transportation authority's contract rules, guidelines, and procedures apply only to a procurement for which the authority first advertises or otherwise solicits bids or proposals on or after September 1, 2003. (b) A procurement for which the regional transportation authority first advertised or otherwise solicited bids or proposals before September 1, 2003, is governed by the law as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose. SECTION 4. This Act takes effect September 1, 2003.