88R17668 LRM-F
 
  By: Thompson of Brazoria H.B. No. 2738
 
  Substitute the following for H.B. No. 2738:
 
  By:  Burns C.S.H.B. No. 2738
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to certain indefinite quantity contracts entered into by
  the General Land Office in the event of a natural disaster.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 31.069, Natural Resources Code, is
  amended by amending Subsections (a), (b), (c), and (h) and adding
  Subsections (i), (j), (k), and (l) to read as follows:
         (a)  The land office shall enter into indefinite quantity
  contracts with vendors to provide [information management
  services, construction services, including engineering 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:
               (1) [(A)]  the availability of funds;
               (2) [(B)]  the occurrence of a natural disaster within
  the term [not later than 48 months after the effective date] of the
  contract; and
               (3) [(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.
         (h)  Notwithstanding any other provision of this section,
  the [The] land office shall follow the procedures provided by
  Section 2254.004, Government Code, in contracting for engineering
  services under this section.
         (i)  The land office may award a contract under this section
  to one or more vendors:
               (1)  on the basis of demonstrated competence and
  qualifications to perform the services for which the land office
  issues a request for qualifications; or
               (2)  using any other applicable state procurement
  method.
         (j)  A contract under this section may include:
               (1)  a unit price book;
               (2)  a list of pre-priced work items; or
               (3)  another schedule identifying agreed prices for
  services.
         (k)  A contract under this section that does not include the
  items listed in Subsection (j) must require a vendor to submit a
  price proposal for services on request by the land office.
         (l)  The land office shall issue task, work, or purchase
  orders for services under a contract entered into under this
  section to the vendor that provides the best value to the land
  office using the standard provided by Section 2155.074, Government
  Code.
         SECTION 2.  The change in law made by this Act applies only
  to a contract for which the General Land Office first advertises or
  otherwise solicits bids, proposals, offers, or qualifications or
  makes a similar solicitation on or after the effective date of this
  Act.  A contract for which the General Land Office first advertises
  or otherwise solicits bids, proposals, offers, or qualifications or
  makes a similar solicitation before the effective date of this Act
  is governed by the law in effect on the date the advertisement or
  solicitation is made, and that law is continued in effect for that
  purpose.
         SECTION 3.  This Act takes effect September 1, 2023.