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A BILL TO BE ENTITLED
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AN ACT
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relating to the awarding of governmental contracts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 2155, Government Code, is |
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amended by adding Section 2155.088 to read as follows: |
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Sec. 2155.088. MATERIAL CHANGES TO CONTRACT SOLICITATION |
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TERMS. (a) Notwithstanding any other law, the performance of a |
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contract for goods or services awarded under this chapter must |
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substantially comply with the terms contained in the written |
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solicitation for the contract and the terms considered in |
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evaluating responses to the solicitation, including terms |
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regarding cost of materials or labor, duration, price, schedule, |
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and scope. |
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(b) After the evaluation of responses to a solicitation is |
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completed but before a contract for goods or services is awarded |
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under this chapter, the governing body of a state agency, if |
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applicable, must hold a meeting to consider any proposed material |
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change to a term described by Subsection (a) before the agency |
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approves the change. For purposes of this section, a material |
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change includes any change to a term described by Subsection (a) |
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that has the effect of: |
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(1) extending the length of or postponing the |
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completion of the contract for six months or more; or |
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(2) increasing the total consideration to be paid |
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under the contract by at least 10 percent, including by |
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substituting certain goods, materials, products, or services. |
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SECTION 2. Section 2252.002, Government Code, is amended to |
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read as follows: |
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Sec. 2252.002. AWARD OF CONTRACT TO NONRESIDENT BIDDER. A |
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governmental entity may not award a governmental contract to a |
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nonresident bidder unless the nonresident underbids the lowest bid |
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submitted by a responsible resident bidder by an amount that is not |
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less than the amount by which a resident bidder would be required to |
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underbid the nonresident bidder to obtain a comparable contract in: |
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(1) the state in which the nonresident's principal |
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place of business is located; or |
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(2) a state in which the nonresident is a resident |
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manufacturer. |
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SECTION 3. Section 2155.088, Government Code, as added by |
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this Act, applies only to a contract for which a state agency first |
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advertises or otherwise solicits bids, proposals, offers, or |
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qualifications or makes a similar solicitation on or after the |
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effective date of this Act. |
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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. |