By: Miles  S.B. No. 300
         (In the Senate - Filed January 4, 2019; February 7, 2019,
  read first time and referred to Committee on Intergovernmental
  Relations; April 1, 2019, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 7, Nays 0;
  April 1, 2019, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 300 By:  Menéndez
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to indefinite quantity contracts for the provision of
  certain services to declared disaster areas following a natural
  disaster.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2254.004(a), Government Code, is amended
  to read as follows:
         (a)  In procuring architectural, engineering, or land
  surveying services, including procuring those services under an
  indefinite quantity contract under Section 31.069, Natural
  Resources Code, a governmental entity shall:
               (1)  first select the most highly qualified provider of
  those services on the basis of demonstrated competence and
  qualifications; and
               (2)  then attempt to negotiate with that provider a
  contract at a fair and reasonable price.
         SECTION 2.  Subchapter C, Chapter 31, Natural Resources
  Code, is amended by adding Section 31.069 to read as follows:
         Sec. 31.069.  INDEFINITE QUANTITY CONTRACTS FOR SERVICES
  AFTER DECLARED NATURAL DISASTER. (a)  The land office shall enter
  into indefinite quantity contracts with vendors to provide
  information management services, construction services, including
  engineering construction services, and other services the land
  office determines may be necessary to construct, repair, or rebuild
  property or infrastructure in the event of a natural disaster.
         (b)  A contract entered into under Subsection (a) may not
  expire after May 1 of a calendar year.  The terms of a contract under
  Subsection (a) must:
               (1)  provide that the contract is contingent on:
                     (A)  the availability of funds;
                     (B)  the occurrence of a natural disaster not
  later than 48 months after the effective date of the contract; and
                     (C)  delivery of the services to an area of this
  state declared by the governor or president of the United States
  under law to be a disaster area as a result of the natural disaster;
  and
               (2)  have a term of four years.
         (c)  The land office shall ensure that it has contracts in
  place under this section with vendors to provide the services
  described by Subsection (a) that take effect immediately on the
  expiration of a contract under this section.
         (d)  A contract under this section may be funded by multiple
  sources including local, state, and federal agencies and the
  disaster contingency fund established under Section 418.073,
  Government Code.
         (e)  If the land office determines that federal funds may be
  used for a contract under Subsection (a), the land office shall
  ensure that the contract complies with the requirements of the
  Federal Acquisition Regulation (48 C.F.R. Chapter 1), or a
  successor regulation.
         (f)  In awarding a contract under this section, the land
  office shall consider and apply any applicable state law and rules
  of the land office relating to contracting with historically
  underutilized businesses.
         (g)  If on September 1, 2019, the land office has indefinite
  quantity contracts with vendors for the provision of the types of
  services specified by Subsection (a), the land office is not
  required to enter into new indefinite quantity contracts that meet
  the requirements of this section until those existing contracts
  expire. This subsection expires September 1, 2023.
         SECTION 3.  Except as provided by Section 31.069(g), Natural
  Resources Code, as added by this Act, the General Land Office shall
  enter into indefinite quantity contracts required by Section
  31.069, Natural Resources Code, as added by this Act, not later than
  May 1, 2020.
         SECTION 4.  This Act takes effect September 1, 2019.
 
  * * * * *