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A BILL TO BE ENTITLED
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AN ACT
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relating to the award and performance of certain state 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 CONTRACTS. (a) |
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Notwithstanding any other law, the performance of a contract for |
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goods or services awarded under this chapter must substantially |
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comply with the terms contained in the written solicitation for the |
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contract and the terms considered in awarding the contract, |
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including terms regarding cost of materials or labor, duration, |
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price, schedule, and scope. |
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(b) After a contract for goods or services is awarded under |
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this chapter, the governing body of a state agency, if applicable, |
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must hold a meeting to consider a material change to the contract |
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and why that change is necessary. For purposes of this section, a |
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material change includes: |
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(1) extending the length of or postponing the |
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completion of a contract for six months or more; or |
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(2) increasing the total consideration to be paid |
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under a contract by at least 10 percent, including by substituting |
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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 greater of the following: |
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(1) the amount by which a resident bidder would be |
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required to underbid the nonresident bidder to obtain a comparable |
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contract in the state in which the nonresident's principal place of |
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business is located; or |
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(2) the amount by which a resident bidder would be |
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required to underbid the nonresident bidder to obtain a comparable |
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contract in the state in which a majority of the manufacturing |
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relating to the contract will be performed. |
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SECTION 3. (a) Section 2155.088, Government Code, as added |
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by this Act, applies only to a contract for goods or services |
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awarded under Chapter 2155, Government Code, on or after the |
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effective date of this Act. |
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(b) Section 2252.002, Government Code, as amended by this |
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Act, applies only to the award of a governmental contract to a |
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nonresident bidder on or after the effective date of this Act. The |
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award of a governmental contract to a nonresident bidder made |
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before the effective date of this Act is governed by the law in |
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effect at the time the contract was awarded, and the former law is |
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continued in effect for that purpose. |
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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. |
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