| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the awarding of contracts by the Texas Department of |
|
|
Transportation to private sector providers. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter B, Chapter 223, Transportation Code, |
|
|
is amended by adding Section 223.050 to read as follows: |
|
|
Sec. 223.050. PREFERENCE FOR CERTAIN PROVIDERS. (a) |
|
|
Except as provided by Subsection (d), in awarding a contract to a |
|
|
private sector provider, the department shall give preference to a |
|
|
private sector provider if: |
|
|
(1) the preference serves to create a positive |
|
|
economic impact on job growth and job retention in this state; |
|
|
(2) the transportation project for which the contract |
|
|
is being awarded is funded entirely from: |
|
|
(A) state funds; |
|
|
(B) local funds; or |
|
|
(C) a combination of state and local funds; and |
|
|
(3) the amount of the bid or proposal of the provider |
|
|
does not exceed an amount equal to 105 percent of the lowest bid or |
|
|
proposal received by the department for the transportation project. |
|
|
(b) The department, in determining whether the preference |
|
|
under Subsection (a) serves to create a positive economic impact on |
|
|
job growth and job retention in this state, may consider a private |
|
|
sector provider's employment presence and business establishments |
|
|
in this state. |
|
|
(c) This section does not apply to the procurement of |
|
|
professional services under Subchapter A, Chapter 2254, Government |
|
|
Code. |
|
|
(d) The department must give equal preference to a private |
|
|
sector provider under Subsection (a) and a private sector provider |
|
|
whose principal place of business is located in a state that: |
|
|
(1) borders this state; and |
|
|
(2) does not award preferential treatment to private |
|
|
sector providers in a manner similar to this section. |
|
|
SECTION 2. 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. |