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79R258 MTB-D

By:  Van Arsdale                                                  H.B. No. 100



A BILL TO BE ENTITLED

AN ACT

relating to the award of certain highway contracts by the Texas 
Department of Transportation.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 223.0041(c), Transportation Code, is 
amended to read as follows:
	(c)  If [For a maintenance contract involving an amount less 
than $100,000, if] the lowest bidder withdraws its bid prior to 
contract award or fails to execute the contract, the director may 
recommend to the commission that the contract be awarded to the 
second lowest bidder.  The commission may award the [maintenance] 
contract to the second lowest bidder if the second lowest bidder 
agrees to accept a bid price that is within five percent of the bid 
price [the unit bid prices] of the lowest bidder. The commission 
shall adopt rules governing the conditions under which the 
department will allow the withdrawal of the bid of the lowest bidder 
and consider awarding a [maintenance] contract to the second lowest 
bidder.
	SECTION 2.  (a)  The changes in law made by this Act to the 
Texas Department of Transportation's contract procedures apply 
only to a highway project for which the department first solicits 
bids on or after September 1, 2005.
	(b)  A highway project for which the Texas Department of 
Transportation first solicited bids before September 1, 2005, 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 3.  This Act takes effect September 1, 2005.