83R24711 MCK-F
 
  By: Carona S.B. No. 176
 
  (Flynn)
 
  Substitute the following for S.B. No. 176:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to contracts for certain professional services and the
  distribution of certain consultants' reports.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2254.004, Government Code, is amended by
  adding Subsection (d) to read as follows:
         (d)  This section does not prohibit an entity from making
  multiple awards under a request for qualifications, provided that
  the terms and conditions are noted in the request for
  qualifications, the selection of providers is based on demonstrated
  competence and qualifications, the contracts are negotiated
  sequentially, and the work is distributed on an equitable basis as
  set out in the request for qualifications.
         SECTION 2.  Subchapter B, Chapter 2254, Government Code, is
  amended by adding Section 2254.041 to read as follows:
         Sec. 2254.041.  DISTRIBUTION OF CONSULTANT REPORTS. (a)  A
  consulting services contract must include provisions that allow the
  state agency contracting with the consultant and any other state
  agency and the legislature, at the contracting state agency's
  discretion, to distribute the consultant report, if any, and to
  post the report on the agency's Internet website or the website of a
  standing committee of the legislature.
         (b)  This section does not affect the application of Chapter
  552 to a consultant's report.
         SECTION 3.  (a)  Except as provided by Subsection (b) of
  this section, Section 2254.041, Government Code, as added by this
  Act, applies only to a consulting services contract entered into on
  or after the effective date of this Act. A consulting services
  contract entered into before the effective date of this Act is
  governed by the law in effect on the date the contract is entered
  into, and that law is continued in effect for that purpose.
         (b)  Section 2254.041, Government Code, as added by this Act,
  does not apply to a consulting services contract entered into on or
  after the effective date of this Act if:
               (1)  the state agency entered into negotiations for the
  consulting services contract before the effective date of this Act;
  and
               (2)  the contract is executed before December 31, 2013.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.