Texas 2009 - 81st Regular

Texas House Bill HB2820 Compare Versions

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Old	New	Differences
1	1	H.B. No. 2820
2	2
3	3
4	4	AN ACT
5	5	relating to contracts by governmental entities for professional
6	6	services relating to geoscience and landscape architecture.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 2254.002(2), Government Code, is amended
9	9	to read as follows:
10	10	(2) "Professional services" means services:
11	11	(A) within the scope of the practice, as defined
12	12	by state law, of:
13	13	(i) accounting;
14	14	(ii) architecture;
15	15	(iii) landscape architecture;
16	16	(iv) land surveying;
17	17	(v) medicine;
18	18	(vi) optometry;
19	19	(vii) professional engineering;
20	20	(viii) real estate appraising; [or]
21	21	(ix) professional nursing; or
22	22	(x) professional geoscience; or
23	23	(B) provided in connection with the professional
24	24	employment or practice of a person who is licensed or registered as:
25	25	(i) a certified public accountant;
26	26	(ii) an architect;
27	27	(iii) a landscape architect;
28	28	(iv) a land surveyor;
29	29	(v) a physician, including a surgeon;
30	30	(vi) an optometrist;
31	31	(vii) a professional engineer;
32	32	(viii) a state certified or state licensed
33	33	real estate appraiser; [or]
34	34	(ix) a registered nurse; or
35	35	(x) a professional geoscientist.
36	36	SECTION 2. The heading to Section 2254.004, Government
37	37	Code, is amended to read as follows:
38	38	Sec. 2254.004. CONTRACT FOR PROFESSIONAL SERVICES OF
39	39	ARCHITECT, ENGINEER, [OR] SURVEYOR, LANDSCAPE ARCHITECT, OR
40	40	GEOSCIENTIST.
41	41	SECTION 3. Sections 2254.004(a) and (b), Government Code,
42	42	are amended to read as follows:
43	43	(a) In procuring architectural, engineering, [or] land
44	44	surveying, landscape architectural, or geoscientific services, a
45	45	governmental entity shall:
46	46	(1) first select the most highly qualified provider of
47	47	those services on the basis of demonstrated competence and
48	48	qualifications; and
49	49	(2) then attempt to negotiate with that provider a
50	50	contract at a fair and reasonable price.
51	51	(b) If a satisfactory contract cannot be negotiated with the
52	52	most highly qualified provider of architectural, engineering, [or]
53	53	land surveying, landscape architectural, or geoscientific
54	54	services, the entity shall:
55	55	(1) formally end negotiations with that provider;
56	56	(2) select the next most highly qualified provider;
57	57	and
58	58	(3) attempt to negotiate a contract with that provider
59	59	at a fair and reasonable price.
60	60	SECTION 4. The changes in law made by this Act apply only to
61	61	the selection of a provider of professional geoscientific services
62	62	or the award of a contract to provide professional geoscientific
63	63	services made on or after October 1, 2009.
64	64	SECTION 5. This Act takes effect September 1, 2009.
65	65	______________________________ ______________________________
66	66	President of the Senate Speaker of the House
67	67	I certify that H.B. No. 2820 was passed by the House on May
68	68	11, 2009, by the following vote: Yeas 138, Nays 9, 1 present, not
69	69	voting.
70	70	______________________________
71	71	Chief Clerk of the House
72	72	I certify that H.B. No. 2820 was passed by the Senate on May
73	73	26, 2009, by the following vote: Yeas 31, Nays 0.
74	74	______________________________
75	75	Secretary of the Senate
76	76	APPROVED: _____________________
77	77	Date
78	78	_____________________
79	79	Governor