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A BILL TO BE ENTITLED
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AN ACT
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relating to payments by bidders associated with a toll project |
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contract. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 223.014(a), Transportation Code, is |
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amended to read as follows: |
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(a) Subject to Section 371.051, the [The] commission by rule |
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shall provide a method by which a bidder may submit a bid guaranty. |
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A rule may authorize the use of an electronic funds transfer, a |
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check, including an electronic check, a money order, an escrow |
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account, a trust account, a credit card issued by a financial |
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institution chartered by a state or the United States or by a |
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nationally recognized credit organization approved by the |
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department, or another method the commission determines to be |
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suitable. The department may require the payment of a discount or |
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service charge for the use of a credit card. |
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SECTION 2. Subtitle G, Title 6, Transportation Code, is |
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amended by adding Chapter 371 to read as follows: |
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CHAPTER 371. PROVISIONS APPLICABLE TO MORE THAN |
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ONE TYPE OF TOLL PROJECT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 371.001. DEFINITIONS. In this chapter: |
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(1) "Toll project" means a toll project described by |
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Section 201.001(b), regardless of whether the toll project is: |
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(A) a part of the state highway system; or |
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(B) subject to the jurisdiction of the |
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department. |
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(2) "Toll project entity" means an entity authorized |
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by law to acquire, design, construct, operate, and maintain a toll |
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project, including: |
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(A) the department; |
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(B) a regional tollway authority under Chapter |
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366; |
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(C) a regional mobility authority under Chapter |
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370; and |
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(D) a county under Chapter 284. |
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[Sections 371.002-371.050 reserved for expansion] |
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SUBCHAPTER B. CONTRACT PROVISIONS |
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Sec. 371.051. PAYMENT TO TOLL PROJECT ENTITY BY CONTRACT |
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BIDDERS. A toll project entity may not require or accept any form |
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of payment from a bidder for a contract associated with a toll |
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project other than fees imposed to recover the toll project |
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entity's costs of reviewing the bid. This section does not prevent a |
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toll project entity from requiring a bidder to provide a form of |
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security, including a bid guaranty, necessary to reimburse the toll |
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project entity for a loss incurred as a result of a default by the |
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bidder. |
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SECTION 3. This Act takes effect September 1, 2007. |