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By:  Deuell                                                       S.B. No. 1412
	(In the Senate - Filed March 13, 2003; March 20, 2003, read 
first time and referred to Committee on Infrastructure Development 
and Security; April 9, 2003, reported favorably by the following 
vote:  Yeas 8, Nays 0; April 9, 2003, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


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.  Subsection (a), Section 452.107, 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.                           



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