| |
|
| |
|
|
By: Carona |
S.B. No. 621 |
|
|
(In the Senate - Filed February 13, 2007; February 27, 2007, |
|
|
read first time and referred to Committee on Transportation and |
|
|
Homeland Security; March 19, 2007, reported adversely, with |
|
|
favorable Committee Substitute by the following vote: Yeas 9, |
|
|
Nays 0; March 19, 2007, sent to printer.) |
| |
|
|
COMMITTEE SUBSTITUTE FOR S.B. No. 621 |
By: Carona |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
| |
|
|
relating to payments by the Texas Department of Transportation to |
|
|
an unsuccessful private entity that submits a proposal for a |
|
|
comprehensive development agreement. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subsection (m), Section 223.203, Transportation |
|
|
Code, is amended to read as follows: |
|
|
(m) The department may [shall] pay an unsuccessful private |
|
|
entity that submits a responsive proposal in response to a request |
|
|
for detailed proposals under Subsection (f) a stipulated amount in |
|
|
exchange for the work product contained in that proposal. A [The] |
|
|
stipulated amount must be stated in the request for proposals and |
|
|
may not exceed the value of any work product contained in the |
|
|
proposal that can, as determined by the department, be used by the |
|
|
department in the performance of its functions. The use by the |
|
|
department of any design element contained in an unsuccessful |
|
|
proposal is at the sole risk and discretion of the department and |
|
|
does not confer liability on the recipient of the stipulated amount |
|
|
under this section. After payment of the stipulated amount: |
|
|
(1) the department owns with the unsuccessful proposer |
|
|
jointly the rights to, and may make use of any work product |
|
|
contained in, the proposal, including the technologies, |
|
|
techniques, methods, processes, ideas, and information contained |
|
|
in the project design; and |
|
|
(2) the use by the unsuccessful proposer of any |
|
|
portion of the work product contained in the proposal is at the sole |
|
|
risk of the unsuccessful proposer and does not confer liability on |
|
|
the department. |
|
|
SECTION 2. 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, 2007. |
|
|
|
|
|
* * * * * |