Texas 2023 - 88th Regular

Texas Senate Bill SB2172

Voted on by Senate
 
Out of House Committee
 
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the adoption of a policy on the preclusion of private design professionals from contracting with the Texas Department of Transportation.

Impact

The bill's implementation will necessitate changes in how TxDOT communicates with private design professionals, promoting transparency and accountability in its contracting processes. By having a written preclusion policy, the department aims to mitigate any misunderstandings or arbitrary decisions that could adversely affect professionals. Additionally, the requirement for an appeals process represents a significant improvement in protecting the rights of these professionals, allowing them the opportunity to contest decisions that may preclude them from contracting with TxDOT.

Summary

SB2172 seeks to establish a formal policy regarding the preclusion of private design professionals from entering into contracts with the Texas Department of Transportation (TxDOT). It mandates that before any preclusion determination can be made, TxDOT must create a written policy that is communicated clearly to affected professionals. This ensures that private design professionals are fully aware of the criteria and processes that govern their ability to secure contracts for architectural and engineering services.

Sentiment

The general sentiment surrounding SB2172 is largely positive among stakeholders in the private design profession. Professionals appreciate the move toward formalized policies, which can lead to fairer bidding processes and greater clarity in contract opportunities. However, there may be dissenting views from within TxDOT regarding the administrative burden that policy implementation could impose. Overall, the sentiment suggests a push for improved relations between public agencies and private contractors.

Contention

Despite the positive outlook, there may be concerns over the practical implications of implementing such a policy. Some policymakers and stakeholders could argue that the added bureaucracy might slow down the procurement process, which in turn could affect project timelines and efficiency. Additionally, there may be debates over the specific criteria and processes outlined in the preclusion policy, as stakeholders will want to ensure that it is both fair and manageable within the existing operational framework. As the bill moves forward, these points of contention are likely to be raised in discussions.

Texas Constitutional Statutes Affected

Government Code

  • Chapter 2261. State Contracting Standards And Oversight
    • Section: New Section
  • Chapter 2252. Contracts With Governmental Entity
    • Section: 905

Companion Bills

TX HB3989

Identical Relating to the adoption of a policy on the preclusion of private design professionals from contracting with the Texas Department of Transportation.

Similar Bills

No similar bills found.