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AN ACT
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relating to contracts by governmental entities for professional |
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services relating to geoscience and landscape architecture. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2254.002(2), Government Code, is amended |
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to read as follows: |
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(2) "Professional services" means services: |
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(A) within the scope of the practice, as defined |
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by state law, of: |
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(i) accounting; |
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(ii) architecture; |
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(iii) landscape architecture; |
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(iv) land surveying; |
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(v) medicine; |
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(vi) optometry; |
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(vii) professional engineering; |
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(viii) real estate appraising; [or] |
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(ix) professional nursing; or |
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(x) professional geoscience; or |
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(B) provided in connection with the professional |
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employment or practice of a person who is licensed or registered as: |
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(i) a certified public accountant; |
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(ii) an architect; |
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(iii) a landscape architect; |
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(iv) a land surveyor; |
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(v) a physician, including a surgeon; |
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(vi) an optometrist; |
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(vii) a professional engineer; |
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(viii) a state certified or state licensed |
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real estate appraiser; [or] |
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(ix) a registered nurse; or |
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(x) a professional geoscientist. |
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SECTION 2. The heading to Section 2254.004, Government |
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Code, is amended to read as follows: |
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Sec. 2254.004. CONTRACT FOR PROFESSIONAL SERVICES OF |
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ARCHITECT, ENGINEER, [OR] SURVEYOR, LANDSCAPE ARCHITECT, OR |
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GEOSCIENTIST. |
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SECTION 3. Sections 2254.004(a) and (b), Government Code, |
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are amended to read as follows: |
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(a) In procuring architectural, engineering, [or] land |
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surveying, landscape architectural, or geoscientific services, a |
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governmental entity shall: |
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(1) first select the most highly qualified provider of |
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those services on the basis of demonstrated competence and |
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qualifications; and |
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(2) then attempt to negotiate with that provider a |
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contract at a fair and reasonable price. |
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(b) If a satisfactory contract cannot be negotiated with the |
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most highly qualified provider of architectural, engineering, [or] |
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land surveying, landscape architectural, or geoscientific |
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services, the entity shall: |
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(1) formally end negotiations with that provider; |
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(2) select the next most highly qualified provider; |
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and |
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(3) attempt to negotiate a contract with that provider |
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at a fair and reasonable price. |
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SECTION 4. The changes in law made by this Act apply only to |
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the selection of a provider of professional geoscientific services |
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or the award of a contract to provide professional geoscientific |
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services made on or after October 1, 2009. |
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SECTION 5. This Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2820 was passed by the House on May |
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11, 2009, by the following vote: Yeas 138, Nays 9, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2820 was passed by the Senate on May |
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26, 2009, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |