By: Nelson  S.B. No. 1179
         (In the Senate - Filed March 1, 2017; March 9, 2017, read
  first time and referred to Committee on Transportation;
  April 6, 2017, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 9, Nays 0; April 6, 2017,
  sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1179 By:  Hall
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to purchasing and contracting practices of coordinated
  county transportation authorities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 460.406(c), Transportation Code, is
  amended to read as follows:
         (c)  The board of directors may authorize the negotiation of
  a contract without competitive sealed bids or proposals if:
               (1)  the aggregate amount involved in the contract is
  less than the greater of:
                     (A)  $50,000; or
                     (B)  the amount of an expenditure under a contract
  that would require a municipality to comply with Section
  252.021(a), Local Government Code;
               (2)  the contract is for construction for which not
  more than one bid or proposal is received;
               (3)  the contract is for services or property for which
  there is only one source or for which it is otherwise impracticable
  to obtain competition, including:
                     (A)  items that are available from only one source
  because of patents, copyrights, secret processes, or natural
  monopolies; 
                     (B)  gas, water, and other utility services; and
                     (C)  captive replacement parts or components for
  equipment;
               (4)  the contract is to respond to an emergency for
  which the public exigency does not permit the delay incident to the
  competitive process;
               (5)  the contract is for personal, [or] professional,
  or planning services [or services for which competitive bidding is
  precluded by law];
               (6)  the contract, without regard to form and which may
  include bonds, notes, loan agreements, or other obligations, is for
  the purpose of borrowing money or is a part of a transaction
  relating to the borrowing of money, including:
                     (A)  a credit support agreement, such as a line or
  letter of credit or other debt guaranty;
                     (B)  a bond, note, debt sale or purchase, trustee,
  paying agent, remarketing agent, indexing agent, or similar
  agreement;
                     (C)  an agreement with a securities dealer,
  broker, or underwriter; and
                     (D)  any other contract or agreement considered by
  the board of directors to be appropriate or necessary in support of
  the authority's financing activities;
               (7)  the contract is for work that is performed and paid
  for by the day as the work progresses;
               (8)  the contract is for the lease or purchase of an
  interest in land;
               (9)  the contract is for the purchase of personal
  property sold:
                     (A)  at an auction by a state licensed auctioneer;
                     (B)  at a going out of business sale held in
  compliance with Subchapter F, Chapter 17, Business & Commerce Code;
  or
                     (C)  by a political subdivision of this state, a
  state agency, or an entity of the federal government;
               (10)  the contract is for services performed by persons
  who are blind or have severe disabilities;
               (11)  the contract is for the purchase of electricity;
               (12)  the contract is one for an authority project and
  awarded for alternate project delivery using the procedures,
  requirements, and limitations under Subchapters E, F, G, H, and I,
  Chapter 2269, Government Code; or
               (13)  the contract is for fare enforcement officer
  services under Section 460.1092.
         SECTION 2.  (a)  The changes in law made by this Act apply
  only to a contract or construction project for which a governing
  body of a coordinated county transportation authority created under
  Chapter 460, Transportation Code, first advertises or otherwise
  requests bids, proposals, offers, or qualifications, or makes a
  similar solicitation, on or after the effective date of this Act.
         (b)  A contract or construction project for which a governing
  body of a coordinated county transportation authority created under
  Chapter 460, Transportation Code, first advertises or otherwise
  requests bids, proposals, offers, or qualifications, or makes a
  similar solicitation, before the effective date of this Act is
  governed by the law as it existed immediately before the effective
  date of this Act, and that law is continued in effect for that
  purpose.
         SECTION 3.  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, 2017.
 
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