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A BILL TO BE ENTITLED
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AN ACT
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relating to payments by the Texas Department of Transportation to |
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an unsuccessful private entity that submits a proposal for a |
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comprehensive development agreement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (m), Section 223.203, Transportation |
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Code, is amended to read as follows: |
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(m) The department may [shall] pay an unsuccessful private |
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entity that submits a responsive proposal in response to a request |
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for detailed proposals under Subsection (f) a stipulated amount in |
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exchange for the work product contained in that proposal. A [The] |
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stipulated amount must be stated in the request for proposals and |
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may not exceed the value of any work product contained in the |
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proposal that can, as determined by the department, be used by the |
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department in the performance of its functions. The use by the |
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department of any design element contained in an unsuccessful |
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proposal is at the sole risk and discretion of the department and |
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does not confer liability on the recipient of the stipulated amount |
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under this section. After payment of the stipulated amount: |
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(1) the department owns with the unsuccessful proposer |
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jointly the rights to, and may make use of any work product |
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contained in, the proposal, including the technologies, |
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techniques, methods, processes, ideas, and information contained |
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in the project design; and |
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(2) the use by the unsuccessful proposer of any |
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portion of the work product contained in the proposal is at the sole |
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risk of the unsuccessful proposer and does not confer liability on |
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the department. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |