| 1 | 1 | | 81R4531 JTS-D |
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| 2 | 2 | | By: Carona S.B. No. 642 |
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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 payments by bidders associated with a toll project |
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| 8 | 8 | | contract. |
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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 223.014(a), Transportation Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) Subject to Section 371.052, the [The] commission by rule |
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| 13 | 13 | | shall provide a method by which a bidder may submit a bid guaranty. |
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| 14 | 14 | | A rule may authorize the use of an electronic funds transfer, a |
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| 15 | 15 | | check, including an electronic check, a money order, an escrow |
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| 16 | 16 | | account, a trust account, a credit card issued by a financial |
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| 17 | 17 | | institution chartered by a state or the United States or by a |
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| 18 | 18 | | nationally recognized credit organization approved by the |
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| 19 | 19 | | department, or another method the commission determines to be |
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| 20 | 20 | | suitable. The department may require the payment of a discount or |
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| 21 | 21 | | service charge for the use of a credit card. |
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| 22 | 22 | | SECTION 2. Subchapter B, Chapter 371, Transportation Code, |
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| 23 | 23 | | as added by Chapter 103 (H.B. 570), Acts of the 80th Legislature, |
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| 24 | 24 | | Regular Session, 2007, is amended by adding Section 371.052 to read |
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| 25 | 25 | | as follows: |
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| 26 | 26 | | Sec. 371.052. PAYMENT TO TOLL PROJECT ENTITY BY CONTRACT |
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| 27 | 27 | | BIDDERS. A toll project entity may not require or accept any form |
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| 28 | 28 | | of payment from a bidder for a contract associated with a toll |
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| 29 | 29 | | project other than fees imposed to recover the toll project |
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| 30 | 30 | | entity's costs of reviewing the bid. This section does not prevent a |
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| 31 | 31 | | toll project entity from requiring a bidder to provide a form of |
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| 32 | 32 | | security, including a bid guaranty, necessary to reimburse the toll |
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| 33 | 33 | | project entity for a loss incurred as a result of a default by the |
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| 34 | 34 | | bidder. |
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| 35 | 35 | | SECTION 3. This Act takes effect September 1, 2009. |
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