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AN ACT
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relating to the competitive bidding and notice requirements for |
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contracts of certain mass transportation authorities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 451.110(c), Transportation Code, is |
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amended to read as follows: |
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(c) Subsection (a) does not apply to a contract for: |
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(1) $50,000 [$25,000] or less; |
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(2) the purchase of real property; |
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(3) personal or professional services; or |
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(4) the acquisition of an existing transit system. |
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SECTION 2. Section 451.111(a), Transportation Code, is |
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amended to read as follows: |
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(a) Except as provided by Subchapter Q, unless the posting |
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requirement in Subsection (b) is satisfied, a board may not let a |
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contract that is: |
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(1) for more than $50,000 [$25,000]; and |
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(2) for: |
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(A) the purchase of real property; or |
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(B) consulting or professional services. |
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SECTION 3. Section 452.107(c), Transportation Code, is |
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amended to read as follows: |
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(c) The executive committee may authorize the negotiation |
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of a contract without competitive sealed bids or proposals if: |
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(1) the aggregate amount involved in the contract is |
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$50,000 [$25,000] or less; |
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(2) the contract is for construction for which not |
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more than one bid or proposal is received; |
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(3) the contract is for services or property for which |
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there is only one source or for which it is otherwise impracticable |
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to obtain competition; |
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(4) the contract is to respond to an emergency for |
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which the public exigency does not permit the delay incident to the |
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competitive process; |
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(5) the contract is for personal or professional |
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services or services for which competitive bidding is precluded by |
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law; or |
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(6) the contract, without regard to form and which may |
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include bonds, notes, loan agreements, or other obligations, is for |
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the purpose of borrowing money or is a part of a transaction |
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relating to the borrowing of money, including: |
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(A) a credit support agreement, such as a line or |
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letter of credit or other debt guaranty; |
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(B) a bond, note, debt sale or purchase, trustee, |
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paying agent, remarketing agent, indexing agent, or similar |
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agreement; |
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(C) an agreement with a securities dealer or |
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investment adviser, broker, or underwriter; and |
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(D) any other contract or agreement considered by |
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the executive committee to be appropriate or necessary in support |
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of the authority's financing activities. |
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SECTION 4. The change in law made by this Act applies only |
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to a contract for which a regional transportation authority or |
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metropolitan rapid transit authority first advertises or otherwise |
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solicits bids or proposals on or after the effective date of this |
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Act. |
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SECTION 5. This Act takes effect September 1, 2011. |
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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. 2325 was passed by the House on April |
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21, 2011, by the following vote: Yeas 148, Nays 0, 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. 2325 was passed by the Senate on May |
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24, 2011, by the following vote: Yeas 30, Nays 0, 1 present, not |
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voting. |
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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 |