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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 371.052, 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. Subchapter B, Chapter 371, Transportation Code, |
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as added by Chapter 103 (H.B. 570), Acts of the 80th Legislature, |
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Regular Session, 2007, is amended by adding Section 371.052 to read |
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as follows: |
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Sec. 371.052. 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, 2009. |