The bill would amend Government Code, Chapter 2261, relating to state contracting standards, to require the Texas Department of Transportation to adopt a written preclusion policy before TxDOT can determine that a private design professional is precluded from performing a contract for architectural or engineering services or participating in a procurement for those services. The bill would require the policy to (1) be published or distributed in a manner to make statewide private design professionals aware of the policy, (2) provide that a professional affected by the preclusion be notified in writing at the time TxDOT determines a potential basis for preclusion exists, and (3) establish an appeals process that allows a reasonable time for a design professional to appeal the decision and establish no basis for preclusion exists.
Based on the information provided by TxDOT, it is assumed any costs or duties associated with implementing the provisions of the bill could be absorbed within the agency's existing resources.
No fiscal implication to units of local government is anticipated.