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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 by |
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adding Subsection (a-1) to read as follows: |
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(a-1) Unless inconsistent with the criteria in Subsection |
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(a), a governmental entity selecting a provider of or awarding a |
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contract for professional services may consider: |
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(1) the impact on the entity's ability to comply with |
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laws, rules, or policies regarding, as applicable: |
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(A) historically underutilized or minority-owned |
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businesses; |
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(B) small business development programs; and |
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(C) any other contracting program approved by the |
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entity; and |
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(2) the location of the principal place of business of |
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a provider or a group or association of providers, if the governing |
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body of the entity determines that the location will affect how |
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efficiently or economically services would be provided. |
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SECTION 2. Subsection (a), Section 2254.004, Government |
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Code, is amended to read as follows: |
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(a) In procuring architectural, engineering, or land |
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surveying services, a governmental entity shall: |
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(1) first select the most highly qualified provider of |
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those services based on the factors listed in Sections 2254.003(a) |
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and (b) [on the basis of demonstrated competence and
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qualifications]; 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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SECTION 3. The changes in law made by this Act apply only to |
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a contract for which an invitation for offers, request for |
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proposals, request for qualifications, or other similar |
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solicitation is first published or distributed on or after the |
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effective date of this Act. A contract for which an invitation for |
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offers, request for proposals, request for qualifications, or other |
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similar solicitation is first published or distributed before the |
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effective date of this Act is governed by the law in effect at the |
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time the invitation, request, or other solicitation is published or |
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distributed, and the former law is continued in effect for that |
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purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |
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