80R10513 BEF-D
 
  By: Kolkhorst H.B. No. 3646
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the length of certain contracts between a state agency
and a private entity.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter Z, Chapter 2252, Government Code, is
amended by adding Section 2252.904 to read as follows:
       Sec. 2252.904.  TERMS OF CERTAIN CONTRACTS.  (a)  This
section applies to each board, commission, council, or other agency
in the legislative, executive, or judicial branch of state
government,  including an institution of higher education.
       (b)  Except as provided by Subsection (c), a state agency may
not enter into a contract with a private entity for a term that
exceeds 20 years.  For the purposes of this subsection, a contract
is considered to have a term that exceeds 20 years if the contract
governs an agreement that extends beyond 20 years, regardless of
whether the contract is contingent on periodic appropriations by
the legislature.
       (c)  Subsection (b) does not apply to:
             (1)  a state security approved by the Bond Review Board
under Chapter 1231; or
             (2)  an agreement under Section 222.104,
Transportation Code, providing for pass-through tolls.
       SECTION 2.  (a)  Section 2252.904, Government Code, as added
by this Act, applies only to:
             (1)  a contract for which a state agency first
advertises or otherwise solicits bids, proposals, offers, or
qualifications, as applicable, on or after September 1, 2007; and
             (2)  an extension of an existing contract entered into
on or after that date.
       (b)  A contract for which a state agency first advertised or
otherwise solicited bids, proposals, offers, or qualifications, as
applicable, before September 1, 2007, other than a contract
extension described by Subsection (a)(2) of this section, 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, 2007.