By:  Smith of Harris (Senate Sponsor - Janek)                     H.B. No. 769
	(In the Senate - Received from the House April 18, 2005; 
April 19, 2005, read first time and referred to Committee on 
Natural Resources; May 9, 2005, reported adversely, with favorable 
Committee Substitute by the following vote:  Yeas 9, Nays 0; 
May 9, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 769                                    By:  Jackson


A BILL TO BE ENTITLED

AN ACT


relating to the deadline for evaluating and ranking competitive 
sealed proposals for certain construction services submitted to a 
navigation district or port authority.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 60.463, Water Code, is amended by adding 
Section (e-1) to read as follows:
	(e-1)  Notwithstanding Subsection (e), if the district 
demonstrates 45 days is not sufficient time for thorough 
evaluation, the district may specify in the request for competitive 
sealed proposals a deadline, not later than the 90th day after the 
date of opening the proposals, to evaluate and rank each proposal 
submitted in relation to the published selection criteria.
	SECTION 2.  Section 60.463(e-1), Water Code, as added by 
this Act, applies only to a request for proposals, bids, or 
qualifications published or distributed by a navigation district or 
port authority on or after the effective date of this Act.  A 
request for proposals, bids, or qualifications published or 
distributed before the effective date of this Act is governed by the 
law in effect at the time the request was published or distributed, 
and the former law is continued in effect for that purpose.
	SECTION 3.  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, 2005.



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