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A BILL TO BE ENTITLED
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AN ACT
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relating to the awarding of contracts by the Texas Department of |
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Transportation to private sector providers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 223, Transportation Code, |
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is amended by adding Section 223.049 to read as follows: |
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Sec. 223.049. PREFERENCE FOR CERTAIN PROVIDERS. (a) In |
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awarding a contract to a private sector provider, the department |
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shall give preference to a private sector provider if: |
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(1) the preference serves to create a positive |
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economic impact on job growth and job retention in this state; |
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(2) the transportation project for which the contract |
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is being awarded is funded entirely from: |
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(A) state funds; |
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(B) local funds; or |
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(C) a combination of state and local funds; and |
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(3) the provider meets department expectations |
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regarding price for the contract. |
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(b) The department, in determining whether the preference |
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serves to create a positive economic impact on job growth and job |
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retention in this state under Subsection (a), may consider a |
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private sector provider's employment presence and business |
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establishments in this state. |
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(c) This section does not apply to the procurement of |
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professional services under Subchapter A, Chapter 2254, Government |
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Code. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |