H.B. No. 2820
AN ACT
relating to contracts by governmental entities for professional
services relating to geoscience and landscape architecture.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2254.002(2), Government Code, is amended
to read as follows:
(2) "Professional services" means services:
(A) within the scope of the practice, as defined
by state law, of:
(i) accounting;
(ii) architecture;
(iii) landscape architecture;
(iv) land surveying;
(v) medicine;
(vi) optometry;
(vii) professional engineering;
(viii) real estate appraising; [or]
(ix) professional nursing; or
(x) professional geoscience; or
(B) provided in connection with the professional
employment or practice of a person who is licensed or registered as:
(i) a certified public accountant;
(ii) an architect;
(iii) a landscape architect;
(iv) a land surveyor;
(v) a physician, including a surgeon;
(vi) an optometrist;
(vii) a professional engineer;
(viii) a state certified or state licensed
real estate appraiser; [or]
(ix) a registered nurse; or
(x) a professional geoscientist.
SECTION 2. The heading to Section 2254.004, Government
Code, is amended to read as follows:
Sec. 2254.004. CONTRACT FOR PROFESSIONAL SERVICES OF
ARCHITECT, ENGINEER, [OR] SURVEYOR, LANDSCAPE ARCHITECT, OR
GEOSCIENTIST.
SECTION 3. Sections 2254.004(a) and (b), Government Code,
are amended to read as follows:
(a) In procuring architectural, engineering, [or] land
surveying, landscape architectural, or geoscientific services, a
governmental entity shall:
(1) first select the most highly qualified provider of
those services on the basis of demonstrated competence and
qualifications; and
(2) then attempt to negotiate with that provider a
contract at a fair and reasonable price.
(b) If a satisfactory contract cannot be negotiated with the
most highly qualified provider of architectural, engineering, [or]
land surveying, landscape architectural, or geoscientific
services, the entity shall:
(1) formally end negotiations with that provider;
(2) select the next most highly qualified provider;
and
(3) attempt to negotiate a contract with that provider
at a fair and reasonable price.
SECTION 4. The changes in law made by this Act apply only to
the selection of a provider of professional geoscientific services
or the award of a contract to provide professional geoscientific
services made on or after October 1, 2009.
SECTION 5. This Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2820 was passed by the House on May
11, 2009, by the following vote: Yeas 138, Nays 9, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2820 was passed by the Senate on May
26, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor