By: Ellis  S.B. No. 717
         (In the Senate - Filed February 16, 2007; March 6, 2007,
  read first time and referred to Committee on Government
  Organization; March 13, 2007, reported favorably by the following
  vote:  Yeas 6, Nays 0; March 13, 2007, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the selection by certain governmental entities of
  providers of landscape architectural services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2254.004, Government Code, is amended to
  read as follows:
         Sec. 2254.004.  CONTRACT FOR PROFESSIONAL SERVICES OF
  ARCHITECT, LANDSCAPE ARCHITECT, ENGINEER, OR SURVEYOR.  (a)  In
  procuring architectural, landscape architectural, engineering, or
  land surveying services, a governmental entity shall:
               (1)  first select the most highly qualified provider of
  those services on the basis of demonstrated competence and
  qualifications; and
               (2)  then attempt to negotiate with that provider a
  contract at a fair and reasonable price.
         (b)  If a satisfactory contract cannot be negotiated with the
  most highly qualified provider of architectural, landscape
  architectural, engineering, or land surveying services, the entity
  shall:
               (1)  formally end negotiations with that provider;
               (2)  select the next most highly qualified provider;
  and
               (3)  attempt to negotiate a contract with that provider
  at a fair and reasonable price.
         (c)  The entity shall continue the process described in
  Subsection (b) to select and negotiate with providers until a
  contract is entered into.
         SECTION 2.  (a)  This Act applies only to a contract or a
  construction or other public works project for which a governmental
  entity first advertises or otherwise requests bids, proposals,
  offers, or qualifications, or makes a similar solicitation, on or
  after the effective date of this Act.
         (b)  A contract or a construction or other public works
  project for which a governmental entity first advertises or
  otherwise requests bids, proposals, offers, or qualifications, or
  makes a similar solicitation, before the effective date of this Act
  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.
 
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