|
|
|
|
By: Davis |
S.B. No. 1294 |
|
(In the Senate - Filed March 7, 2013; March 13, 2013, read |
|
first time and referred to Committee on Transportation; |
|
April 8, 2013, reported adversely, with favorable Committee |
|
Substitute by the following vote: Yeas 9, Nays 0; April 8, 2013, |
|
sent to printer.) |
|
|
COMMITTEE SUBSTITUTE FOR S.B. No. 1294 |
By: Davis |
|
|
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) 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) in procuring the contract, the amount of the bid or |
|
proposal of the provider does not exceed the amount equal to 105 |
|
percent of the lowest bid or proposal received by the department for |
|
the procurement. |
|
(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. |
|
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. |
|
|
|
* * * * * |