82R13597 EAH-F
 
  By: Brown H.B. No. 3676
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to procuring contracts for certain professional services
  by a governmental entity.
         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, ENGINEER, OR SURVEYOR. [(a)]  In procuring
  architectural, engineering, or land surveying services, a
  governmental entity shall:
               (1)  base its choice on demonstrated competence,
  knowledge, and qualifications and on the reasonableness of the
  proposed fee for the services [first select the most highly
  qualified provider of those services on the basis of demonstrated
  competence and qualifications]; and
               (2)  if other considerations are equal, give preference
  to a provider of those services whose principal place of business is
  in this state or who will manage the contract wholly from an office
  in this state [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, 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, 2011.