H.B. No. 2661
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2661 was passed by the House on April
26, 2005, by a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2661 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor