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A BILL TO BE ENTITLED
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AN ACT
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relating to the selection of providers of professional services by |
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governmental entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2254.003, Government Code, is amended to |
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read as follows: |
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Sec. 2254.003. SELECTION OF PROVIDER; FEES. (a) A |
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governmental entity may not select a provider of professional |
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services or a group or association of providers or award a contract |
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for the services on the basis of competitive bids submitted for the |
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contract or for the services, but shall make the selection and |
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award: |
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(1) on the basis of demonstrated competence and |
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qualifications to perform the services; and |
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(2) for a fair and reasonable price. |
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(b) Unless inconsistent with the criteria set forth in |
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Subsection (a), in selecting a provider of professional services or |
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a group or association of providers, a governmental entity may |
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consider the impact on the ability of the entity to comply with |
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laws, rules and policies of the entity relating to historically |
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underutilized and/or minority businesses, the entity's small |
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business development program, or another contracting program |
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approved by the entity, if any. The entity may also consider the |
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provider's or group or association of providers' principal place of |
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business if, in the entity's governing body's judgment, the |
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location of the principal place of business will impact the most |
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efficient and economical provision of the services. |
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(c) The professional fees under the contract may not
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exceed any maximum provided by law. |
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SECTION 2. Section 2254.004, Government Code, is amended to |
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read as follows: |
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Sec. 2254.004. CONTRACT FOR PROFESSIONAL SERVICES OF |
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ARCHITECT, ENGINEER, OR SURVEYOR. (a) In procuring architectural, |
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engineering, or land surveying services, a governmental entity |
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shall: |
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(1) first select the most highly qualified provider of |
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those services on the basis of [demonstrated competence and |
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qualifications] the factors set forth in Section 2254.003; and
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(2) then attempt to negotiate with that provider a |
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contract at a fair and reasonable price. |
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(b) If a satisfactory contract cannot be negotiated with the |
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most highly qualified provider of architectural, engineering, or |
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land surveying services, the entity shall: |
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(1) formally end negotiations with that provider; |
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(2) select the next most highly qualified provider; |
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and |
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(3) attempt to negotiate a contract with that provider |
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at a fair and reasonable price. |
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(c) The entity shall continue the process described in |
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Subsection (b) to select and negotiate with providers until a |
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contract is entered into. |
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SECTION 3. This Act takes effect September 1, 2011. |