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79R9604 MTB-F

By:  Turner                                                       H.B. No. 2673



A BILL TO BE ENTITLED

AN ACT

relating to the creation of an alternative procurement procedure 
for architectural, engineering, or land surveying services by 
certain governmental entities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 2254.004(a), Government Code, is amended 
to read as follows:
	(a)  Unless using the alternative procedure provided by 
Section 2254.0045, in [In] procuring architectural, engineering, 
or land surveying services, a governmental entity shall:
		(1)  first select the most highly qualified provider of 
those services on the basis of demonstrated competence and 
qualifications; and
		(2)  then attempt to negotiate with that provider a 
contract at a fair and reasonable price.
	SECTION 2.  Subchapter A, Chapter 2254, Government Code, is 
amended by adding Section 2254.0045 to read as follows:
	Sec. 2254.0045.  ALTERNATIVE PROCEDURE FOR PROCURING 
ARCHITECTURAL, ENGINEERING, AND LAND SURVEYING SERVICES.  (a)  As 
an alternative to the procurement method prescribed by Section 
2254.004, a governmental entity may procure architectural, 
engineering, or land surveying services using the procedure 
provided by this section.
	(b)  The governmental entity shall prepare and issue a 
request for qualifications.
	(c)  The governmental entity shall evaluate statements of 
qualifications and rank a reasonable number of the most highly 
qualified providers of architectural, engineering, or land 
surveying services on the basis of demonstrated competence, 
qualifications, and estimated delivery date.
	(d)  The governmental entity shall solicit competitive 
proposals from the providers selected under Subsection (c).  The 
governmental entity shall include with the solicitation the 
information necessary for the solicited providers to submit a 
responsive competitive proposal.
	(e)  The governmental entity shall select the provider that 
submits the competitive proposal offering the best value for the 
entity on the basis of price, demonstrated competence, 
qualifications, and estimated delivery date.
	(f)  The governmental entity shall first attempt to 
negotiate a contract with the provider selected under Subsection 
(e).  If the entity is unable to negotiate a satisfactory contract 
with the selected provider or if the selected provider is released 
from the contract during the first three months of the contract, the 
entity shall proceed to negotiate a contract with the next provider 
in the order of the ranking established by the entity under 
Subsection (e) if that provider agrees to the terms of its original 
proposal.
	(g)  A rule of a professional licensing board prohibiting an 
architect, engineer, or land surveyor from submitting a competitive 
bid or proposal does not apply to a competitive proposal submitted 
under this section.
	SECTION 3.  This Act applies only to a contract for which 
requests for proposals or requests for qualifications are published 
or distributed on or after the effective date of this Act.
	SECTION 4.  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.