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A BILL TO BE ENTITLED
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AN ACT
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relating to contracts for certain professional services and the |
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distribution of certain consultants' reports. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2254.004, Government Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) Notwithstanding the process described by this section |
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to select and negotiate with providers, a governmental entity may |
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award multiple contracts for architectural, engineering, or land |
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surveying services under a single request for qualifications if: |
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(1) the request for qualifications: |
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(A) contains the terms of the contracts; and |
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(B) provides for the equitable distribution of |
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the services to be performed among the multiple contracts; |
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(2) the selection of providers of those services is |
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based on demonstrated competence and qualifications; |
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(3) the contracts are negotiated sequentially; and |
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(4) the services to be performed are distributed on an |
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equitable basis among the multiple contracts. |
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SECTION 2. Subchapter B, Chapter 2254, Government Code, is |
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amended by adding Section 2254.041 to read as follows: |
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Sec. 2254.041. DISTRIBUTION OF CONSULTANT REPORTS. (a) A |
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consulting services contract must include provisions that allow the |
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state agency contracting with the consultant and any other state |
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agency and the legislature, at the contracting state agency's |
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discretion, to distribute the consultant report, if any, and to |
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post the report on the agency's Internet website or the website of a |
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standing committee of the legislature. |
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(b) This section does not affect the application of Chapter |
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552 to a consultant's report. |
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SECTION 3. (a) Except as provided by Subsection (b) of |
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this section, Section 2254.041, Government Code, as added by this |
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Act, applies only to a consulting services contract entered into on |
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or after the effective date of this Act. A consulting services |
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contract entered into before the effective date of this Act is |
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governed by the law in effect on the date the contract is entered |
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into, and that law is continued in effect for that purpose. |
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(b) Section 2254.041, Government Code, as added by this Act, |
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does not apply to a consulting services contract entered into on or |
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after the effective date of this Act if: |
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(1) the state agency entered into negotiations for the |
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consulting services contract before the effective date of this Act; |
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and |
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(2) the contract is executed before December 31, 2013. |
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SECTION 4. 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, 2013. |