By: Davis of Dallas (Senate Sponsor - Carona) H.B. No. 2223
         (In the Senate - Received from the House April 27, 2011;
  May 3, 2011, read first time and referred to Committee on
  Transportation and Homeland Security; May 17, 2011, reported
  favorably by the following vote:  Yeas 6, Nays 0; May 17, 2011,
  sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the contracts of certain regional transportation
  authorities that are required to be competitively bid.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 452.107(c), Transportation Code, is
  amended to read as follows:
         (c)  The executive committee may authorize the negotiation
  of a contract without competitive sealed bids or proposals if:
               (1)  the aggregate amount involved in the contract is
  $50,000 [$25,000] or less;
               (2)  the contract is for construction for which not
  more than one bid or proposal is received;
               (3)  the contract is for services or property for which
  there is only one source or for which it is otherwise impracticable
  to obtain competition;
               (4)  the contract is to respond to an emergency for
  which the public exigency does not permit the delay incident to the
  competitive process;
               (5)  the contract is for personal or professional
  services or services for which competitive bidding is precluded by
  law; or
               (6)  the contract, without regard to form and which may
  include bonds, notes, loan agreements, or other obligations, is for
  the purpose of borrowing money or is a part of a transaction
  relating to the borrowing of money, including:
                     (A)  a credit support agreement, such as a line or
  letter of credit or other debt guaranty;
                     (B)  a bond, note, debt sale or purchase, trustee,
  paying agent, remarketing agent, indexing agent, or similar
  agreement;
                     (C)  an agreement with a securities dealer or
  investment adviser, broker, or underwriter; and
                     (D)  any other contract or agreement considered by
  the executive committee to be appropriate or necessary in support
  of the authority's financing activities.
         SECTION 2.  The change in law made by this Act applies only
  to a contract for which a regional transportation authority first
  advertises or otherwise solicits bids or proposals on or after the
  effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2011.
 
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