H.B. No. 3989
 
 
 
 
AN ACT
  relating to the adoption of a policy on the preclusion of private
  design professionals from contracting with the Texas Department of
  Transportation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter F, Chapter 2261, Government Code, is
  amended by adding Section 2261.260 to read as follows:
         Sec. 2261.260.  TEXAS DEPARTMENT OF TRANSPORTATION
  PRECLUSION POLICY FOR PRIVATE DESIGN PROFESSIONALS. (a)  In this
  section, "private design professional" has the meaning assigned by
  Section 2252.905.
         (b)  Before the Texas Department of Transportation may make a
  determination under this subchapter that a private design
  professional is precluded from performing a contract for
  architectural or engineering services or from participating in a
  procurement for those services, the department must adopt a written
  preclusion policy.
         (c)  A policy under this section must:
               (1)  be published or distributed in a manner that
  ensures that private design professionals in this state are aware
  of the policy;
               (2)  provide that the private design professional be
  notified in writing at the time the Texas Department of
  Transportation determines that a potential basis for preclusion
  exists; and
               (3)  provide for an appeals process by which the
  private design professional is given a reasonable amount of time to
  establish that no basis for preclusion under the policy exists.
         SECTION 2.  The changes in law made by this Act apply only to
  a contract entered into on or after the effective date of this Act.
  A contract entered into before the effective date of this Act is
  governed by the law in effect on the date the contract was entered
  into, and the former law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2023.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3989 was passed by the House on April
  20, 2023, by the following vote:  Yeas 142, Nays 4, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3989 was passed by the Senate on May
  17, 2023, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor