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By: Brimer S.B. No. 573
(In the Senate - Filed February 17, 2005; March 1, 2005,
read first time and referred to Committee on Transportation and
Homeland Security; March 14, 2005, reported favorably by the
following vote: Yeas 9, Nays 0; March 14, 2005, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the award of certain highway maintenance contracts by
the Texas Department of Transportation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (c), Section 223.0041,
Transportation Code, is amended to read as follows:
(c) For a maintenance contract involving an amount less than
$300,000 [$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 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.
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