| 1 | 1 | | 81R4984 EAH-F |
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| 2 | 2 | | By: Laubenberg H.B. No. 1105 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to procuring contracts for certain professional services |
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| 8 | 8 | | by a governmental entity. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 2254.004, Government Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 2254.004. CONTRACT FOR PROFESSIONAL SERVICES OF |
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| 13 | 13 | | ARCHITECT, ENGINEER, OR SURVEYOR. [(a)] In procuring |
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| 14 | 14 | | architectural, engineering, or land surveying services, a |
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| 15 | 15 | | governmental entity shall: |
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| 16 | 16 | | (1) base its choice on demonstrated competence, |
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| 17 | 17 | | knowledge, and qualifications and on the reasonableness of the |
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| 18 | 18 | | proposed fee for the services [first select the most highly |
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| 19 | 19 | | qualified provider of those services on the basis of demonstrated |
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| 20 | 20 | | competence and qualifications]; and |
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| 21 | 21 | | (2) if other considerations are equal, give preference |
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| 22 | 22 | | to a provider of those services whose principal place of business is |
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| 23 | 23 | | in this state or who will manage the contract wholly from an office |
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| 24 | 24 | | in this state [then attempt to negotiate with that provider a |
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| 25 | 25 | | contract at a fair and reasonable price]. |
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| 26 | 26 | | [(b) If a satisfactory contract cannot be negotiated with |
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| 27 | 27 | | the most highly qualified provider of architectural, engineering, |
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| 28 | 28 | | or land surveying services, the entity shall: |
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| 29 | 29 | | [(1) formally end negotiations with that provider; |
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| 30 | 30 | | [(2) select the next most highly qualified provider; |
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| 31 | 31 | | and |
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| 32 | 32 | | [(3) attempt to negotiate a contract with that |
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| 33 | 33 | | provider at a fair and reasonable price. |
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| 34 | 34 | | [(c) The entity shall continue the process described in |
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| 35 | 35 | | Subsection (b) to select and negotiate with providers until a |
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| 36 | 36 | | contract is entered into.] |
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| 37 | 37 | | SECTION 2. (a) This Act applies only to a contract or a |
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| 38 | 38 | | construction or other public works project for which a governmental |
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| 39 | 39 | | entity first advertises or otherwise requests bids, proposals, |
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| 40 | 40 | | offers, or qualifications, or makes a similar solicitation, on or |
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| 41 | 41 | | after the effective date of this Act. |
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| 42 | 42 | | (b) A contract or a construction or other public works |
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| 43 | 43 | | project for which a governmental entity first advertises or |
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| 44 | 44 | | otherwise requests bids, proposals, offers, or qualifications, or |
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| 45 | 45 | | makes a similar solicitation, before the effective date of this Act |
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| 46 | 46 | | is governed by the law as it existed immediately before the |
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| 47 | 47 | | effective date of this Act, and that law is continued in effect for |
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| 48 | 48 | | that purpose. |
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| 49 | 49 | | SECTION 3. This Act takes effect September 1, 2009. |
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