By: Deuell S.B. No. 1412
A BILL TO BE ENTITLED
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
(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
(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
(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.