79R5739 ATP-F


By:  Krusee                                                       H.B. No. 2661



A BILL TO BE ENTITLED

AN ACT

relating to the use of competitive sealed proposals for certain 
construction projects.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 252.043, Local Government Code, is 
amended by amending Subsection (d) and adding Subsection (d-1) to 
read as follows:
	(d)  Except as provided by Subsection (d-1), the [The] 
contract must be awarded to the lowest responsible bidder if the 
competitive sealed bidding requirement applies to the contract for 
construction of:
		(1)  highways, roads, streets, bridges, utilities, 
water supply projects, water plants, wastewater plants, water and 
wastewater distribution or conveyance facilities, wharves, docks, 
airport runways and taxiways, drainage projects, or related types 
of projects associated with civil engineering construction; or
		(2)  buildings or structures that are incidental to 
projects that are primarily civil engineering construction 
projects.
	(d-1)  A contract for construction of a project described by 
Subsection (d) that requires an expenditure of $1.5 million or less 
may be awarded using the competitive sealed proposal procedure 
prescribed by Section 271.116.
	SECTION 2.  Sections 271.116(a) and (c), Local Government 
Code, are amended to read as follows:
	(a)  In selecting a contractor through competitive sealed 
proposals for construction, rehabilitation, alteration, or repair 
services for a facility or for construction of a project to which 
Section 252.043(d-1) applies [through competitive sealed 
proposals], a governmental entity shall follow the procedures 
prescribed by this section.
	(c)  The governmental entity shall provide or contract for, 
independently of the contractor, the inspection services, the 
testing of construction materials engineering, and the 
verification testing services necessary for acceptance of the 
facility or project by the governmental entity.  The governmental 
entity shall select those services for which it contracts in 
accordance with Section 2254.004, Government Code, and shall 
identify them in the request for proposals.
	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.