BILL ANALYSIS

S.B. 1179

By: Nelson

Transportation

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties contend that some uncertainty exists regarding which types of contracts the governing body of a coordinated county transportation authority may authorize the negotiation of without competitive sealed bids or proposals. S.B. 1179 seeks to provide clarification and make this procurement process more efficient and transparent.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 1179 amends the Transportation Code to specify that the authorization for a coordinated county transportation authority's governing body to authorize the negotiation of a contract without competitive sealed bids or proposals for a contract for services or property for which there is only one source or for which it is otherwise impracticable to obtain competition includes a contract for items that are available from only one source because of patents, copyrights, secret processes, or natural monopolies; gas, water, and other utility services; and captive replacement parts or components for equipment. The bill removes that authorization with respect to a contract for services for which competitive bidding is precluded by law and includes in that authorization a contract for planning services. The bill revises that authorization with respect to a contract for an authority project awarded for alternate project delivery using the procedures under Government Code provisions relating to contracting and delivery procedures for construction projects.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2017.