Texas 2009 - 81st Regular

Texas Senate Bill SB857 Compare Versions

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1	1	81R34246 KSD-F
2	2	By: West S.B. No. 857
3	3	Substitute the following for S.B. No. 857:
4	4	By: Berman C.S.S.B. No. 857
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the purchasing and contracting practices of junior
10	10	college districts; providing criminal penalties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subsection (a), Section 44.0311, Education Code,
13	13	is amended to read as follows:
14	14	(a) This subchapter does not apply [applies] to junior
15	15	college districts.
16	16	SECTION 2. Subdivision (2), Section 51.776, Education Code,
17	17	is amended to read as follows:
18	18	(2) "Board" means the governing body of an institution
19	19	other than the governing board of a junior college district.
20	20	SECTION 3. Subchapter A, Chapter 130, Education Code, is
21	21	amended by adding Sections 130.0104, 130.0105, 130.0106, and
22	22	130.0107 to read as follows:
23	23	Sec. 130.0104. POLICY AND REPORT REGARDING HISTORICALLY
24	24	UNDERUTILIZED BUSINESSES. (a) In this section, "historically
25	25	underutilized business" has the meaning assigned by Section
26	26	2161.001, Government Code.
27	27	(b) This section applies only to a junior college district
28	28	that:
29	29	(1) is located wholly or partially in a county with a
30	30	population of one million or more; and
31	31	(2) had an annual enrollment of 20,000 or more
32	32	full-time or part-time students in one or more of the most recent
33	33	five academic years.
34	34	(c) Each junior college district shall adopt a policy
35	35	stating its commitment to developing, maintaining, and enhancing
36	36	participation by historically underutilized businesses in all
37	37	phases of the district's procurement processes in order to support,
38	38	to the greatest extent feasible, the efforts of historically
39	39	underutilized businesses to compete for purchases of equipment,
40	40	supplies, services, including professional services, and
41	41	construction contracts.
42	42	(d) Annually, each junior college district shall publish a
43	43	report of the total number and total value of contracts awarded by
44	44	the district in the preceding fiscal year and the number and total
45	45	value of those contracts awarded to historically underutilized
46	46	businesses. The report must be published in a newspaper of general
47	47	circulation in the county in which the majority of the territory or
48	48	population of the district is located not later than the 60th day
49	49	following the last day of the district's fiscal year.
50	50	Sec. 130.0105. RIGHT TO WORK. (a) This section applies to
51	51	a junior college district while the district is engaged in:
52	52	(1) procuring goods or services;
53	53	(2) awarding a contract; or
54	54	(3) overseeing procurement or construction for a
55	55	public work or public improvement.
56	56	(b) Notwithstanding any other provision of this chapter, a
57	57	junior college district:
58	58	(1) may not consider whether a vendor is a member of or
59	59	has another relationship with an organization; and
60	60	(2) shall ensure that its bid specifications and any
61	61	subsequent contract or other agreement do not deny or diminish the
62	62	right of a person to work because of the person's membership in or
63	63	other relationship status with respect to an organization.
64	64	Sec. 130.0106. CONTRACT WITH PERSON INDEBTED TO DISTRICT.
65	65	(a) The board of trustees of a junior college district by
66	66	resolution may establish rules permitting the district to refuse to
67	67	enter into a contract or other transaction with a person indebted to
68	68	the district.
69	69	(b) It is not a violation of this subchapter for a junior
70	70	college district, under rules adopted under Subsection (a), to
71	71	refuse to award a contract to, or refuse to enter into a transaction
72	72	with, an apparent low bidder or successful proposer that is
73	73	indebted to the district.
74	74	Sec. 130.0107. EFFICIENCY AND SAVINGS. In order to
75	75	increase efficiency of operations and to achieve savings through
76	76	volume purchases, on an annual basis a junior college district
77	77	shall identify common types of goods and services to be purchased
78	78	from the district's budget and, to the extent the district
79	79	determines practicable, consolidate the purchase of those goods or
80	80	services under contracts entered into under this subchapter.
81	81	SECTION 4. Chapter 130, Education Code, is amended by
82	82	adding Subchapters K, L, M, and N to read as follows:
83	83	SUBCHAPTER K. PURCHASING CONTRACTS FOR GOODS AND SERVICES OTHER
84	84	THAN CONSTRUCTION OR PROFESSIONAL SERVICES
85	85	Sec. 130.251. DEFINITIONS. In this subchapter:
86	86	(1) "Board of trustees" means the governing board of a
87	87	district.
88	88	(2) "District" means a junior college district.
89	89	(3) "Purchase of goods":
90	90	(A) includes:
91	91	(i) contracting for the rights to use
92	92	rather than own goods; and
93	93	(ii) purchase of the materials and labor
94	94	incidental to the delivery and installation of personal property;
95	95	and
96	96	(B) does not include the purchase or lease of
97	97	real property.
98	98	(4) "Services" does not include:
99	99	(A) construction services; or
100	100	(B) professional services, including services of
101	101	a consultant, to which Subchapter N applies.
102	102	Sec. 130.2511. USE OF TERMS "BIDDER," "VENDOR," AND "BID."
103	103	(a) In this subchapter, the terms "bidder" and "vendor" are used
104	104	interchangeably to identify an entity that responds to a request
105	105	for competitive bids, proposals, or qualifications.
106	106	(b) In this subchapter, the term "bid" is used to refer to a
107	107	competitive bid, proposal, or statement of qualifications.
108	108	Sec. 130.252. CONFLICT WITH OTHER LAW. To the extent of any
109	109	conflict, this subchapter prevails over any other law relating to
110	110	the purchase of goods and services by a district other than a law
111	111	relating to:
112	112	(1) contracting with historically underutilized
113	113	businesses; or
114	114	(2) the procurement of goods and services from persons
115	115	with disabilities.
116	116	Sec. 130.253. PURCHASE METHODS. (a) Except as otherwise
117	117	provided by this subchapter and subject to Section 130.264, each
118	118	contract by a district with a value of $50,000 or more that covers
119	119	one or more fiscal years shall be made by the method, of the
120	120	following methods, that provides the best value for the district:
121	121	(1) competitive sealed bids;
122	122	(2) competitive sealed proposals;
123	123	(3) the reverse auction procedure defined by Section
124	124	2155.062(d), Government Code; or
125	125	(4) the formation of a political subdivision
126	126	corporation under Section 304.001, Local Government Code.
127	127	(b) Only one of the methods listed in Subsection (a) may be
128	128	used for any individual contract. The district must determine
129	129	which method provides the best value for the district before
130	130	publishing the notice required by Section 130.258.
131	131	(c) If the district uses the competitive sealed proposal
132	132	method, the district shall:
133	133	(1) reveal when the proposals are opened the names of
134	134	the companies submitting proposals; and
135	135	(2) keep the contents of the proposals confidential
136	136	until the district concludes negotiations and awards a contract.
137	137	(d) Without complying with Subsection (a), a district may
138	138	purchase a good or service that is available from only one source,
139	139	including:
140	140	(1) an item for which competition is precluded because
141	141	of the existence of a patent, copyright, secret process, or
142	142	monopoly;
143	143	(2) a film, recording, periodical, manuscript, book,
144	144	or computer software;
145	145	(3) a utility service, including gas or water;
146	146	(4) a captive replacement part or component for
147	147	equipment;
148	148	(5) a product needed to match or work with like
149	149	products; and
150	150	(6) technical or specialized services, including
151	151	advertising, audio/video production, and the repair and
152	152	maintenance of specialized equipment.
153	153	(e) Without complying with Subsection (a), a district may
154	154	purchase perishable goods, advertising services, meeting and
155	155	catering services, and travel services, including airfare, ground
156	156	transportation, and all lodging. The district shall exercise
157	157	reasonable and prudent care to determine whether a contract with a
158	158	provider will provide the best value to the district. The district
159	159	shall document the process for selecting the provider of the goods
160	160	or services and shall maintain a list of prospective providers
161	161	contacted and the basis for selecting the provider. To the extent
162	162	practicable, the district shall state its requirements in writing
163	163	and require written proposals or quotations from prospective
164	164	providers. After rating and ranking all offers received, the
165	165	district shall attempt to negotiate a contract with the highest
166	166	ranked vendor. If a contract cannot be negotiated with the highest
167	167	ranked vendor, the next-highest-ranked vendor shall be contacted.
168	168	If the value of a purchase to be made under this section is
169	169	estimated to be $50,000 or greater, the district shall publish
170	170	notice of the intent to purchase as provided under Section 130.258.
171	171	If the value of a purchase to be made under this section is
172	172	estimated to be $10,000 or more but less than $50,000 during a
173	173	fiscal year, the award of a contract must be made in accordance with
174	174	a policy established by the board of trustees.
175	175	(f) Without complying with Subsection (a), a district may
176	176	purchase a good or service under:
177	177	(1) an interlocal contract under Chapter 791,
178	178	Government Code;
179	179	(2) a contract established by the comptroller or
180	180	Department of Information Resources, including a contract for the
181	181	purchase of travel services, telephone service, computers, and
182	182	computer-related equipment, service, and software; or
183	183	(3) a purchase made under Subchapter D, F, or G,
184	184	Chapter 271, Local Government Code.
185	185	(g) Contracts for services that result in no cost to the
186	186	district or that provide income to a district must be based on bids,
187	187	proposals, or qualifications that are solicited and awarded in the
188	188	same manner as a contract for the purchase of goods or services.
189	189	Such contracts include contracts for bookstore services, food
190	190	services, and vending services.
191	191	(h) If district property is destroyed, stolen, severely
192	192	damaged, or unusable, or a contractor is unable to fulfill its
193	193	obligations in providing goods or services, and the board of
194	194	trustees, or its designee, determines that the delay posed by using
195	195	the methods required by Subsection (a) would pose a material threat
196	196	to personal safety or potential damage to other property or would
197	197	prevent or substantially impair the conduct of classes or other
198	198	essential district activities, then contracts for the replacement
199	199	or repair of the property may be made by methods other than those
200	200	required by Subsection (a).
201	201	(i) Without complying with Subsection (a), a district may
202	202	purchase, license, or otherwise acquire library goods and services,
203	203	including in any manner authorized by law for the purchase,
204	204	license, or acquisition of library goods and services by a public
205	205	senior college or university, as defined by Section 61.003. In this
206	206	subsection, "library goods and services" means:
207	207	(1) serial and journal subscriptions, including
208	208	electronic databases, digital content, and information products;
209	209	(2) other library materials and resources, including
210	210	books, e-books, and media not available under a statewide contract
211	211	and papers;
212	212	(3) library services, including periodical jobber and
213	213	binding services not available under a statewide contract;
214	214	(4) equipment and supplies specific to the storage and
215	215	access of library content; and
216	216	(5) library or resource-sharing programs operated by
217	217	the Texas State Library and Archives Commission.
218	218	Sec. 130.254. PURCHASE OF INSURANCE. (a) A district may
219	219	acquire insurance using a two-step process to obtain competitive
220	220	sealed proposals. In the first step, the district shall determine
221	221	which insurance providers are represented by agents interested in
222	222	providing insurance for the district. If more than one agent
223	223	indicates a desire to represent the same provider, the agent with
224	224	the longest and most substantial relationship with the insurance
225	225	provider shall be authorized to submit a proposal for the
226	226	designated insurance provider. In the second step, the district
227	227	shall notify the interested agents in writing as to which insurance
228	228	providers the agents represent and request the agents to submit
229	229	proposals for providing insurance.
230	230	(b) In notifying the interested agents to begin the second
231	231	step, the district is not required to comply with Section 130.258.
232	232	However, the district in the request for proposals shall give the
233	233	interested agents notice of the date, time, and place where
234	234	proposals are to be submitted. Proposals received after the date
235	235	and time stated in the request for proposals may not be considered.
236	236	Sec. 130.255. MULTIYEAR CONTRACT. A contract that extends
237	237	past the end of a district's fiscal year must include a provision
238	238	that permits termination at the end of each fiscal year. Contracts
239	239	solely for the purchase of goods may not exceed five years in
240	240	duration.
241	241	Sec. 130.256. EVALUATION AND AWARD OF CONTRACT.
242	242	(a) Except as otherwise provided by this subchapter, a district
243	243	shall award a contract to the lowest responsible bidder offering
244	244	the best value to the district according to the selection criteria
245	245	established by the district. The district shall publish in the
246	246	request for bids, proposals, or qualifications the criteria the
247	247	district will use to evaluate the offers and the relative weights
248	248	given to the criteria that are known at the time of the publication.
249	249	(b) In determining the lowest responsible bidder, the
250	250	district shall consider:
251	251	(1) the purchase price, including delivery and
252	252	installation charges;
253	253	(2) the reputation of the bidder and of the bidder's
254	254	goods or services;
255	255	(3) the quality of the bidder's goods or services;
256	256	(4) the extent to which the offered goods or services
257	257	meet the district's needs;
258	258	(5) the bidder's past relationship with the district;
259	259	(6) the total long-term cost to the district to
260	260	acquire the bidder's goods or services;
261	261	(7) the extent to which the offers comply with the
262	262	requirements of the request for bids, proposals, or qualifications;
263	263	(8) any other relevant factor specifically listed in
264	264	the request for bids or proposals; and
265	265	(9) the impact on the ability of the district to comply
266	266	with laws and rules relating to historically underutilized
267	267	businesses.
268	268	(c) A district may reject any or all bids, proposals, or
269	269	qualifications, or parts of bids, proposals, or qualifications if
270	270	the rejection serves the district's interest.
271	271	(d) The district shall provide all bidders with the
272	272	opportunity to bid to provide the same goods or services on equal
273	273	terms and to have bids judged according to the same standards as
274	274	those set forth in the request for bids.
275	275	(e) Bids may be opened only by the district in a
276	276	district-owned or district-controlled facility. The meeting or
277	277	other occasion at which bids are opened shall be open to the public.
278	278	At the time the district opens a bid, if one or more members of the
279	279	public are present, the appropriate employee or officer of the
280	280	district shall read aloud the name of the bidder and the total bid
281	281	amount, if the bid is of a type that should contain a single bid
282	282	amount. When opening proposals or qualifications, the appropriate
283	283	employee or officer shall read aloud only the name of the
284	284	respondents and may not disclose the contents of a proposal or
285	285	qualification on opening or during negotiations with competing
286	286	bidders. At least two district employees or members of the
287	287	district's board of trustees must be present at the bid, proposal,
288	288	or qualification opening.
289	289	(f) A bid that has been opened may not be changed for the
290	290	purpose of correcting an error in the bid price. If there is a
291	291	discrepancy between the total price and the unit price of a bid, the
292	292	unit price prevails. If there is a discrepancy between the written
293	293	price and the numerical price of a bid, the written price prevails.
294	294	(g) This subchapter does not change the common law right of
295	295	a bidder to withdraw a bid due to a material mistake in the bid.
296	296	(h) The district shall document the basis of its selection
297	297	and shall make its evaluations public not later than the seventh day
298	298	after the date the contract is awarded. The district shall state in
299	299	writing in the contract file the reasons for making an award.
300	300	(i) A contract awarded in violation of this subchapter is
301	301	void.
302	302	(j) In awarding a contract by competitive sealed bid under
303	303	this section, a district that has its central administrative office
304	304	located in a municipality with a population of less than 250,000 may
305	305	consider a bidder's principal place of business in the manner
306	306	provided by Section 271.9051, Local Government Code. This
307	307	subsection does not apply to the purchase of telecommunications
308	308	services or information services, as those terms are defined by 47
309	309	U.S.C. Section 153.
310	310	Sec. 130.257. RULES AND PROCEDURES; AUDITS BY STATE
311	311	AUDITOR. (a) The board of trustees may adopt rules and procedures
312	312	for the acquisition of goods or services by the district.
313	313	(b) District purchases of goods or services are subject to
314	314	audit by the state auditor in accordance with Chapter 321,
315	315	Government Code.
316	316	Sec. 130.258. NOTICE. (a) Except as otherwise provided by
317	317	this subchapter, for any method of contracting selected under
318	318	Section 130.253(a), the district shall, within a seven-day period,
319	319	publish the notice required by this section in at least two issues
320	320	of any newspaper of general circulation in the county in which the
321	321	district's central administrative office is located. The deadline
322	322	for receiving bids or proposals may not be less than 10 business
323	323	days after the date of the publication of the first newspaper
324	324	notice. The deadline for receiving responses to a request for
325	325	qualifications may not be less than five business days after the
326	326	date of the publication of the last newspaper notice. If there is
327	327	not a newspaper of general circulation in the county in which the
328	328	district's central administrative office is located, the notice
329	329	shall be published in a newspaper of general circulation in a
330	330	location nearest the district's central administrative office. In
331	331	a two-step procurement process, the time and place where the
332	332	second-step bids, proposals, or responses will be received are not
333	333	required to be included in the notice.
334	334	(b) The district may, as an alternative to publishing notice
335	335	in a newspaper exclusively under Subsection (a), publish on a
336	336	publicly accessible Internet site the notice required by this
337	337	section. Before or at the same time the district first publishes
338	338	the Internet notice, the district shall publish a notice in a
339	339	newspaper of general circulation, as described by Subsection (a),
340	340	that includes the name of the goods or services to be purchased, the
341	341	date, time, and place for receiving and opening bids, proposals, or
342	342	statements of qualifications, and the Internet address of the
343	343	Internet site where detailed requirements may be found. The notice
344	344	posted on the Internet under this subsection must be posted every
345	345	day for at least:
346	346	(1) 10 business days before the deadline for receiving
347	347	the bids or proposals; or
348	348	(2) five business days before the deadline for
349	349	receiving responses to a request for qualifications.
350	350	(c) Except as otherwise provided by Subsection (b) for the
351	351	newspaper notice required by that subsection, the notice required
352	352	by this section must include:
353	353	(1) the location where the request for bid, proposal,
354	354	or qualification documents may be obtained or examined;
355	355	(2) the date, time, and place for receiving and
356	356	opening bids, proposals, or statements of qualifications;
357	357	(3) a general description of the goods or services;
358	358	(4) the location and time of any mandatory site
359	359	inspections or pre-bid meetings; and
360	360	(5) the amount of any required bid bond, payment bond,
361	361	or performance bond.
362	362	Sec. 130.259. DISCUSSION AND REVISION OF PROPOSALS.
363	363	(a) As provided in a request for proposals and under rules adopted
364	364	by the district, the district may discuss acceptable or potentially
365	365	acceptable proposals with bidders to assess a bidder's ability to
366	366	meet the solicitation requirements.
367	367	(b) After receiving a proposal but before making an award,
368	368	the district may permit the three highest-ranking bidders to revise
369	369	their proposals, within the scope of the published specifications,
370	370	to obtain the best final offer.
371	371	(c) Before an award, the district may not disclose
372	372	information derived from proposals submitted from competing
373	373	bidders in conducting discussions under this section.
374	374	Sec. 130.260. PRE-BID CONFERENCE OR SITE VISIT. (a) The
375	375	district may require a principal, officer, or employee of each
376	376	prospective bidder to attend a mandatory pre-bid conference or site
377	377	visit, or both, as a condition of a request for bid or proposal.
378	378	Notice of a requirement under this subsection must be included in
379	379	the notice published under Section 130.258.
380	380	(b) After the district conducts a mandatory pre-bid
381	381	conference or site visit, the district may send any additional
382	382	required notice for the proposed contract only to prospective
383	383	bidders who attended or were represented at the conference or who
384	384	are documented as having visited the site.
385	385	Sec. 130.261. IDENTICAL BIDS. If, after considering the
386	386	factors described by Section 130.256, the district determines that
387	387	the district has received identical bids, the district shall cast
388	388	lots to determine which bidder will be awarded the contract. The
389	389	district shall invite the bidders to witness the selection process
390	390	under this section. The selection process must be conducted by at
391	391	least two district employees or members of the district's board of
392	392	trustees.
393	393	Sec. 130.262. BID DEPOSIT. (a) The district may, as the
394	394	district determines necessary, require a bid deposit in an amount
395	395	determined by the district. The amount of the deposit, if any, must
396	396	be stated in the notice required by Section 130.258 of the
397	397	invitation to bid.
398	398	(b) On the award of a contract or the rejection of all bids,
399	399	the district shall return the bid deposit of an unsuccessful
400	400	bidder. The bid deposit of the successful bidder may be retained
401	401	until the contract is signed by the district. A bid deposit may not
402	402	be held longer than 90 days.
403	403	(c) The bid deposit required by the district, if any, must
404	404	be in the form of a cashier's check, certified check, or bid bond
405	405	written by a surety authorized to conduct business in this state. A
406	406	district may elect to require a bid deposit to be in the form of a
407	407	bid bond.
408	408	Sec. 130.263. PERFORMANCE BOND. A district may require a
409	409	contractor to provide a performance bond in the amount of the
410	410	contract before executing a contract for the purchase of goods or
411	411	services with a value of $100,000 or more. The bond must be written
412	412	by a surety authorized to conduct business in this state and
413	413	generally comply with the performance bond requirements of Chapter
414	414	2253, Government Code.
415	415	Sec. 130.264. ENFORCEMENT OF PURCHASING PROCEDURES:
416	416	CRIMINAL PENALTIES; REMOVAL; INELIGIBILITY; INJUNCTION. (a) In
417	417	this section:
418	418	(1) "Component purchases" means purchases of the
419	419	component parts of an item that in normal purchasing practices
420	420	would be purchased in one purchase.
421	421	(2) "Separate purchases" means purchases, made
422	422	separately, of goods or services that in normal purchasing
423	423	practices would be purchased in one purchase.
424	424	(3) "Sequential purchases" means purchases, made over
425	425	a period, of goods or services that in normal purchasing practices
426	426	would be purchased in one purchase.
427	427	(b) An officer, employee, or agent of a district commits an
428	428	offense if the person with criminal negligence makes or authorizes
429	429	separate, sequential, or component purchases for the purpose of
430	430	avoiding the requirements of Section 130.253, 130.256, or 130.266.
431	431	An offense under this subsection is a Class B misdemeanor and is an
432	432	offense involving moral turpitude that results in a forfeiture of
433	433	an officer's public office.
434	434	(c) An officer, employee, or agent of a district commits an
435	435	offense if the person with criminal negligence violates Section
436	436	130.253, 130.256, or 130.266 other than by conduct described by
437	437	Subsection (b). An offense under this subsection is a Class B
438	438	misdemeanor and is an offense involving moral turpitude that
439	439	results in a forfeiture of an officer's public office.
440	440	(d) An officer or employee of a district commits an offense
441	441	if the officer or employee knowingly violates Section 130.253,
442	442	130.256, or 130.266 other than by conduct described by Subsection
443	443	(b) or (c). An offense under this subsection is a Class C
444	444	misdemeanor.
445	445	(e) The final conviction of a person other than a member of
446	446	the board of trustees for an offense under Subsection (b) or (c)
447	447	results in the immediate removal from office or employment of that
448	448	person. A trustee who is convicted of an offense under this section
449	449	is subject to removal as provided by Chapter 66, Civil Practice and
450	450	Remedies Code. For four years after the date of the final
451	451	conviction, the removed person is ineligible to be a candidate for
452	452	or to be appointed or elected to a public office in this state, is
453	453	ineligible to be employed by or act as an agent for this state or a
454	454	political subdivision of this state, and is ineligible to receive
455	455	any compensation through a contract with this state or a political
456	456	subdivision of this state. This subsection does not prohibit the
457	457	payment of retirement benefits to the removed person or the payment
458	458	of workers' compensation benefits to the removed person for an
459	459	injury that occurred before the commission of the offense for which
460	460	the person was removed. This subsection does not make a person
461	461	ineligible for an office for which the federal or state
462	462	constitution prescribes exclusive eligibility requirements.
463	463	(f) A court may enjoin performance of a contract made in
464	464	violation of this subchapter. A county attorney, district
465	465	attorney, criminal district attorney, citizen of the county in
466	466	which the district is located, or an interested party may bring an
467	467	action for an injunction. A party who prevails in an action brought
468	468	under this subsection is entitled to reasonable attorney's fees as
469	469	approved by the court.
470	470	Sec. 130.265. PURCHASE AGREEMENTS AND VENDOR LISTS FOR
471	471	MISCELLANEOUS PURCHASES. (a) This section applies only to the
472	472	selection and engagement of vendors from which a district may
473	473	purchase goods or services, including produce, gasoline, and fuel
474	474	oil, where the total cost of the goods and services is expected to
475	475	be $50,000 or more during a fiscal year but the selling price must
476	476	be determined at the time the need for the goods and services
477	477	arises.
478	478	(b) The notice requirements of Section 130.258 apply to
479	479	purchases made under this section, except that the notice must
480	480	specify the categories of goods or services to be purchased under
481	481	this section and solicit the names, addresses, and telephone
482	482	numbers of bidders who are interested in supplying the goods or
483	483	services to the district. The district shall create and provide a
484	484	proposal form to be used by interested bidders. The form must
485	485	describe the goods or services that may be required and the terms
486	486	and conditions of, and method for, determining the price of the
487	487	bidders' products and services. Bidders desiring to be included on
488	488	the list must complete and sign the district's form. The district
489	489	shall determine which bidders are qualified to be included on a list
490	490	of bidders from which goods and services may be purchased during the
491	491	applicable fiscal year.
492	492	(c) Before the district makes a purchase covered by this
493	493	section, the district must obtain written price quotations from at
494	494	least three bidders from the list created by the district for that
495	495	category. If fewer than three bidders are on the list, the district
496	496	shall contact each bidder on the list. If more than three bidders
497	497	are on the list, the district may invite all bidders to provide a
498	498	quotation or may select three bidders on a rotational basis each
499	499	time a purchase is to be made. The bidding records must be retained
500	500	with the district's competitive bidding records and are subject to
501	501	audit. In determining from whom to purchase the goods or services,
502	502	the district may consider the provisions of Section 130.256.
503	503	Sec. 130.266. PURCHASES MADE WITHOUT ADVERTISING.
504	504	(a) Except as provided under Sections 130.253(d), (f), (g), (h),
505	505	and (i), a purchase of goods or services with a cost of $10,000 or
506	506	more but less than $50,000 must be made by written competitive bids
507	507	or proposals. A minimum of three bids or proposals must be
508	508	considered before the award of a contract or order for the specified
509	509	goods or services. A district is not required to advertise the
510	510	purchase.
511	511	(b) In determining from whom to purchase the goods or
512	512	services under this section, the district shall consider the
513	513	provisions of Section 130.256.
514	514	(c) A person may not use the process described by this
515	515	section to knowingly violate Section 130.264.
516	516	Sec. 130.267. NOTIFICATION OF CRIMINAL HISTORY OF
517	517	CONTRACTOR. (a) A person or business entity that enters into a
518	518	contract with a district must give advance notice to the district if
519	519	the person or an owner or operator of the business entity has been
520	520	convicted of a felony. The notice must include a general
521	521	description of the conduct resulting in the conviction of a felony.
522	522	(b) A district may refuse to enter into a contract or other
523	523	transaction with a person who has been convicted of a felony or with
524	524	a business entity if an owner or operator of the entity has been
525	525	convicted of a felony.
526	526	(c) A district may terminate a contract with a person or
527	527	business entity if the district determines that the person or
528	528	business entity failed to give notice as required by Subsection (a)
529	529	or misrepresented the conduct resulting in the conviction. The
530	530	district must compensate the person or business entity for goods
531	531	delivered or services performed before the termination of the
532	532	contract.
533	533	(d) This section does not apply to a publicly held
534	534	corporation.
535	535	Sec. 130.268. PREFERENCE TO TEXAS AND UNITED STATES
536	536	PRODUCTS. (a) A district that purchases agricultural products
537	537	shall give preference to those products produced, processed, or
538	538	grown in this state if the cost to the district for those products
539	539	is equal to or less than the cost of other products and the quality
540	540	of those products is equal to or exceeds the quality of other
541	541	products.
542	542	(b) If a district determines that agricultural products
543	543	produced, processed, or grown in this state are not entitled to a
544	544	preference under Subsection (a), the district shall give preference
545	545	to agricultural products produced, processed, or grown in other
546	546	states of the United States over foreign products if the cost to the
547	547	district for those products is equal to or less than the cost of
548	548	foreign products and the quality of those products is equal to or
549	549	exceeds the quality of the foreign products.
550	550	(c) A district that purchases vegetation for landscaping
551	551	purposes, including plants, shall give preference to Texas
552	552	vegetation if the cost to the district for that vegetation is equal
553	553	to or less than the cost of other vegetation and the quality of that
554	554	vegetation is not inferior to the quality of other vegetation.
555	555	(d) In implementing this section, a district may receive
556	556	assistance from and use the resources of the Department of
557	557	Agriculture, including information on the availability of
558	558	agricultural products.
559	559	(e) A district may not adopt product purchasing
560	560	specifications that unnecessarily exclude agricultural products
561	561	produced, processed, or grown in this state.
562	562	Sec. 130.269. EFFICIENCY AND SAVINGS. In order to increase
563	563	efficiency of operations and to achieve savings through volume
564	564	purchases, on an annual basis a district shall identify common
565	565	types of goods and services to be purchased from the district's
566	566	budget and, to the extent the district determines practicable,
567	567	consolidate the purchase of those goods or services under contracts
568	568	entered into under this subchapter.
569	569	Sec. 130.270. DELEGATION. (a) Except as provided by
570	570	Subsection (b), the board of trustees may, as appropriate, delegate
571	571	its authority under this subchapter to a designated person,
572	572	representative, or committee. In procuring goods or services other
573	573	than construction services, the district shall provide notice of
574	574	the delegation and the limits of the delegation in the request for
575	575	bids, proposals, or qualifications or in an addendum to the
576	576	request. If the district fails to provide that notice, a ranking,
577	577	selection, or evaluation of bids, proposals, or qualifications
578	578	other than by the board of trustees in an open public meeting is
579	579	advisory only.
580	580	(b) The board may not delegate the authority to act
581	581	regarding an action specifically authorized or required by this
582	582	subchapter to be taken by the board of trustees.
583	583	[Sections 130.271-130.300 reserved for expansion]
584	584	SUBCHAPTER L. CONSTRUCTION CONTRACTS
585	585	Sec. 130.301. DEFINITIONS. In this subchapter:
586	586	(1) "Architect" means an individual registered as an
587	587	architect under Chapter 1051, Occupations Code.
588	588	(2) "Board of trustees" means the governing board of a
589	589	district.
590	590	(3) "Construction" means the construction,
591	591	rehabilitation, alteration, or repair of a facility, including all
592	592	goods and labor incidental to the construction.
593	593	(4) "Contractor" in the context of a contract for the
594	594	construction, rehabilitation, alteration, or repair of a facility
595	595	means a sole proprietorship, partnership, corporation, or other
596	596	legal entity that assumes the risk for constructing,
597	597	rehabilitating, altering, or repairing all or part of the facility
598	598	at the contracted price.
599	599	(5) "District" means a junior college district.
600	600	(6) "Engineer" means an individual licensed as a
601	601	professional engineer under Chapter 1001, Occupations Code.
602	602	(7) "Facility" means real property or a public work,
603	603	including buildings and associated systems, structures, and
604	604	components, and improved or unimproved land.
605	605	(8) "Fee" in the context of a contract for the
606	606	construction, rehabilitation, alteration, or repair of a facility
607	607	means the payment a construction manager receives for its overhead
608	608	and profit in performing its services.
609	609	(9) "General conditions" in the context of a contract
610	610	for the construction, rehabilitation, alteration, or repair of a
611	611	facility means on-site management, administrative personnel,
612	612	insurance, bonds, equipment, utilities, and incidental work,
613	613	including minor field labor and materials.
614	614	Sec. 130.302. USE OF TERMS "BIDDER," "OFFEROR," "VENDOR,"
615	615	AND "BID." (a) In this subchapter, the terms "bidder," "offeror,"
616	616	and "vendor" are used interchangeably to identify an entity that
617	617	responds to a request for competitive bids or proposals, or for
618	618	offers or qualifications.
619	619	(b) In this subchapter, the term "bid" is used to refer to a
620	620	competitive bid or proposal or to a statement of qualifications.
621	621	Sec. 130.303. METHODS OF CONTRACTING. (a) Except as
622	622	otherwise provided by this subchapter and subject to Section
623	623	130.313, all contracts for construction, rehabilitation,
624	624	alteration, or repair of facilities valued at $50,000 or more shall
625	625	be made by the method, of the following methods, that provides the
626	626	best value for the district:
627	627	(1) competitive sealed bids;
628	628	(2) competitive sealed proposals;
629	629	(3) a design-build contract;
630	630	(4) a construction manager-at-risk; or
631	631	(5) a job order contract for the minor construction,
632	632	repair, rehabilitation, or alteration of a facility.
633	633	(b) Only one of the methods listed in Subsection (a) may be
634	634	used for any individual contract. A district must determine which
635	635	method provides the best value for the district before providing
636	636	the notice required by Section 130.306.
637	637	(c) If the district uses the competitive sealed proposal
638	638	method, the district shall:
639	639	(1) reveal when the proposals are opened the names of
640	640	the companies submitting proposals; and
641	641	(2) keep the contents of the proposals confidential
642	642	until the district concludes negotiations and awards a contract.
643	643	(d) A district may contract for the services of a
644	644	construction manager-agent as provided by Section 130.318 in
645	645	conjunction with the method of contracting selected under
646	646	Subsection (a).
647	647	(e) If district property is destroyed, stolen, severely
648	648	damaged, unusable, or undergoes major operational or structural
649	649	failure, or a contractor is unable to fulfill its obligations in
650	650	providing goods or services, and the board of trustees, or its
651	651	designee, determines that the delay posed by using the methods
652	652	required by Subsection (a) would pose a material threat to personal
653	653	safety or potential damage to other property or would prevent or
654	654	substantially impair the conduct of classes or other essential
655	655	district activities, then contracts for the replacement or repair
656	656	of the property may be made by methods other than those required by
657	657	Subsection (a).
658	658	Sec. 130.304. EVALUATION AND AWARD OF CONTRACT.
659	659	(a) Except as otherwise provided by this subchapter, a district
660	660	shall award a contract to the lowest responsible bidder offering
661	661	the best value to the district according to the selection criteria
662	662	established by the district. The district shall publish in the
663	663	request for bids, proposals, or qualifications the criteria the
664	664	district will use to evaluate the offers and the relative weights
665	665	given to the criteria that are known at the time of the publication.
666	666	(b) In determining the lowest responsible bidder, the
667	667	district may consider:
668	668	(1) the immediate and long-term cost of the service;
669	669	(2) the reputation of the bidder;
670	670	(3) the quality of the bidder's services;
671	671	(4) the extent to which the offered services meet the
672	672	district's needs;
673	673	(5) the bidder's past relationship with the district;
674	674	(6) the extent to which the offers comply with the
675	675	requirements of the request for bids, proposals, or qualifications;
676	676	(7) any other relevant factor specifically listed in
677	677	the request for bids or proposals;
678	678	(8) the impact on the ability of the district to comply
679	679	with laws and rules relating to historically underutilized
680	680	businesses; and
681	681	(9) the bidder's safety record, if:
682	682	(A) the district has adopted a written definition
683	683	and criteria for accurately determining the safety record of a
684	684	bidder;
685	685	(B) the district has given notice to prospective
686	686	bidders in the request for bids that the safety record of a bidder
687	687	may be considered in determining the responsibility of the bidder;
688	688	and
689	689	(C) the district's determinations are not
690	690	arbitrary and capricious.
691	691	(c) A district may reject any or all bids, proposals,
692	692	qualifications, or parts of bids, proposals, or qualifications if
693	693	the rejection serves the district's interest.
694	694	(d) The district shall provide all bidders with the
695	695	opportunity to submit a bid or proposal to provide the same items or
696	696	services on equal terms and have bids judged according to the same
697	697	standards as those set forth in the request for bids.
698	698	(e) Bids may be opened only by the district in a
699	699	district-owned or district-controlled facility. The meeting or
700	700	other occasion at which bids are opened must be open to the public.
701	701	At the time the district opens a bid, if one or more members of the
702	702	public are present, the appropriate employee or officer of the
703	703	district shall read aloud the name of the bidder and the total bid
704	704	amount if the bid is of a type that should contain a single bid
705	705	amount. At least two district employees or members of the board of
706	706	trustees must be present at the bid opening. When opening proposals
707	707	or qualifications, the appropriate employee or officer shall read
708	708	aloud only the names of the respondents and may not disclose the
709	709	contents of a proposal or qualification on opening the proposal or
710	710	qualification or during negotiations with competing bidders.
711	711	(f) A bid that has been opened may not be changed for the
712	712	purpose of correcting an error in the bid price.
713	713	(g) This subchapter does not change the common law right of
714	714	a bidder to withdraw a bid due to a material mistake in the bid.
715	715	(h) The district shall document the basis of its selection
716	716	and shall make its evaluations public not later than the seventh day
717	717	after the date the contract is awarded. The district shall state in
718	718	writing in the contract file the reasons for making an award.
719	719	(i) A contract awarded in violation of this subchapter is
720	720	void.
721	721	(j) In awarding a contract by competitive sealed bid under
722	722	this section, a district that has its central administrative office
723	723	located in a municipality with a population of less than 250,000 may
724	724	consider a bidder's principal place of business in the manner
725	725	provided by Section 271.9051, Local Government Code. This
726	726	subsection does not apply to the purchase of telecommunications
727	727	services or information services, as those terms are defined by 47
728	728	U.S.C. Section 153.
729	729	Sec. 130.305. RULES AND PROCEDURES; AUDITS BY STATE
730	730	AUDITOR. (a) The board of trustees may adopt rules and procedures
731	731	for the acquisition of construction services by the district.
732	732	(b) District construction contracts are subject to audit by
733	733	the state auditor in accordance with Chapter 321, Government Code.
734	734	Sec. 130.306. NOTICE. (a) For any method of contracting
735	735	selected under Section 130.303(a), the district shall, within a
736	736	seven-day period, publish the notice required by this section in at
737	737	least two issues of any newspaper of general circulation in the
738	738	county in which the district's central administrative office is
739	739	located. The deadline for receiving bids, proposals, or responses
740	740	to a request for qualifications may not be less than 10 business
741	741	days after the date of the publication of the first newspaper
742	742	notice. If there is not a newspaper of general circulation in the
743	743	county in which the district's central administrative office is
744	744	located, the notice shall be published in a newspaper of general
745	745	circulation in a location nearest the district's central
746	746	administrative office. In a two-step procurement process, the time
747	747	and place where the second-step bids, proposals, or responses will
748	748	be received are not required to be included in the notice.
749	749	(b) The notice required by this section must include:
750	750	(1) the location where the request for bid, proposal,
751	751	or qualification documents may be obtained or examined;
752	752	(2) the date, time, and place for receiving and
753	753	opening bids, proposals, or statements of qualifications;
754	754	(3) a general description of the work to be performed;
755	755	(4) the location and time of any mandatory site
756	756	inspections or pre-bid meetings; and
757	757	(5) the amount of any required bid bond, payment bond,
758	758	or performance bond.
759	759	Sec. 130.307. DISCUSSION AND REVISION OF PROPOSALS.
760	760	(a) After receipt of proposals, under rules adopted by the
761	761	district, the district may discuss acceptable or potentially
762	762	acceptable proposals with bidders to assess a bidder's ability to
763	763	meet the solicitation requirements.
764	764	(b) After receiving a proposal but before making an award,
765	765	the district may permit the three highest-ranking bidders to revise
766	766	their proposals, within the scope of the published specifications,
767	767	to obtain the best final offer.
768	768	(c) Before an award, the district may not disclose
769	769	information derived from proposals submitted from competing
770	770	bidders in conducting discussions under this section.
771	771	Sec. 130.308. PRE-BID CONFERENCE OR SITE VISIT. (a) The
772	772	district may require a principal, officer, or employee of each
773	773	prospective bidder to attend a mandatory pre-bid conference or site
774	774	visit, or both, as a condition of a request for bid or proposal.
775	775	Notice of a requirement under this subsection must be included in
776	776	the notice published under Section 130.306.
777	777	(b) After the district conducts a mandatory pre-bid
778	778	conference or site visit, the district may send any additional
779	779	required notice for the proposed contract only to prospective
780	780	bidders who attended or were represented at the conference or who
781	781	are documented as having visited the site.
782	782	Sec. 130.309. IDENTICAL BIDS. If, after considering the
783	783	factors described by Section 130.304, the district determines that
784	784	the district has received identical bids, the district shall cast
785	785	lots to determine which bidder will be awarded the contract. The
786	786	district shall invite the bidders to witness the selection process
787	787	under this section. The selection process must be conducted by at
788	788	least two district employees or members of the district's board of
789	789	trustees.
790	790	Sec. 130.310. BID DEPOSIT. (a) The district may, as the
791	791	district determines necessary, require a bid deposit in an amount
792	792	determined by the district. The amount of the deposit, if any, must
793	793	be stated in the notice required by Section 130.306 of the
794	794	invitation to bid.
795	795	(b) Within 10 days from the date of the award of a contract
796	796	or the rejection of all bids, the district shall refund the bid
797	797	deposit of an unsuccessful bidder. The bid bonds may not be held
798	798	for more than 90 days. Before the award of a contract, the district
799	799	may return bid bonds of bidders that are not being considered for
800	800	award of a contract.
801	801	(c) For public work contracts, the bid deposit required by
802	802	the district, if any, may only be in the form of a bid bond written
803	803	by a surety authorized to conduct business in this state.
804	804	Sec. 130.311. PERFORMANCE AND PAYMENT BONDS. For a
805	805	contract for construction, the contractor must execute a good and
806	806	sufficient payment bond and a performance bond in accordance with
807	807	Chapter 2253, Government Code.
808	808	Sec. 130.312. DELEGATION. (a) Except as provided by
809	809	Subsection (b), the board of trustees may, as appropriate, delegate
810	810	its authority under this subchapter to a designated person,
811	811	representative, or committee. In procuring construction services,
812	812	the district shall provide notice of the delegation and the limits
813	813	of the delegation in the request for bids, proposals, or
814	814	qualifications or in an addendum to the request. If the district
815	815	fails to provide that notice, a ranking, selection, or evaluation
816	816	of bids, proposals, or qualifications for construction services
817	817	other than by the board of trustees in an open public meeting is
818	818	advisory only.
819	819	(b) The board may not delegate the authority to act
820	820	regarding an action specifically authorized or required by this
821	821	subchapter to be taken by the board of trustees.
822	822	Sec. 130.313. ENFORCEMENT OF CONTRACT SOLICITATION
823	823	PROCEDURES: CRIMINAL PENALTIES; REMOVAL; INELIGIBILITY;
824	824	INJUNCTION. (a) In this section:
825	825	(1) "Component procurements" means procuring the
826	826	component parts of an item or service that in normal practice would
827	827	be made in one procurement.
828	828	(2) "Separate procurements" means procurements, made
829	829	separately, of goods or services that in normal practice would be
830	830	made in one procurement.
831	831	(3) "Sequential procurement" means procurements, made
832	832	over a period, of goods or services that in normal practice would be
833	833	made in one procurement.
834	834	(b) An officer, employee, or agent of a district commits an
835	835	offense if the person with criminal negligence makes or authorizes
836	836	separate, sequential, or component procurements for the purpose of
837	837	avoiding the requirements of Section 130.303 or 130.304. An
838	838	offense under this subsection is a Class B misdemeanor and is an
839	839	offense involving moral turpitude that results in a forfeiture of
840	840	an officer's public office.
841	841	(c) An officer, employee, or agent of a district commits an
842	842	offense if the person with criminal negligence violates Section
843	843	130.303, 130.304, or 130.315 other than by conduct described by
844	844	Subsection (b). An offense under this subsection is a Class B
845	845	misdemeanor and is an offense involving moral turpitude that
846	846	results in a forfeiture of an officer's public office.
847	847	(d) An officer or employee of a district commits an offense
848	848	if the officer or employee knowingly violates Section 130.303,
849	849	130.304, or 130.315 other than by conduct described by Subsection
850	850	(b) or (c). An offense under this subsection is a Class C
851	851	misdemeanor.
852	852	(e) The final conviction of a person other than a member of
853	853	the board of trustees for an offense under Subsection (b) or (c)
854	854	results in the immediate removal from office or employment of that
855	855	person. A member of the board of trustees who is convicted of an
856	856	offense under this section is subject to removal as provided by
857	857	Chapter 66, Civil Practice and Remedies Code. For four years after
858	858	the date of the final conviction, the removed person is ineligible
859	859	to be a candidate for or to be appointed or elected to a public
860	860	office in this state, is ineligible to be employed by or act as an
861	861	agent for this state or a political subdivision of this state, and
862	862	is ineligible to receive any compensation through a contract with
863	863	this state or a political subdivision of this state. This
864	864	subsection does not prohibit the payment of retirement benefits to
865	865	the removed person or the payment of workers' compensation benefits
866	866	to the removed person for an injury that occurred before the
867	867	commission of the offense for which the person was removed. This
868	868	subsection does not make a person ineligible for an office for which
869	869	the federal or state constitution prescribes exclusive eligibility
870	870	requirements.
871	871	(f) A court may enjoin performance of a contract made in
872	872	violation of this subchapter. A county attorney, district
873	873	attorney, criminal district attorney, citizen of the county in
874	874	which the district is located, or an interested party may bring an
875	875	action for an injunction. A party who prevails in an action brought
876	876	under this subsection is entitled to reasonable attorney's fees as
877	877	approved by the court.
878	878	Sec. 130.314. NOTIFICATION OF CRIMINAL HISTORY OF
879	879	CONTRACTOR. (a) A person or business entity that enters into a
880	880	contract with a district must give advance notice to the district if
881	881	the person or an owner or operator of the business entity has been
882	882	convicted of a felony. The notice must include a general
883	883	description of the conduct resulting in the conviction of a felony.
884	884	(b) A district may refuse to enter into a contract or other
885	885	transaction with a person who has been convicted of a felony or with
886	886	a business entity if an owner or operator of the entity has been
887	887	convicted of a felony.
888	888	(c) A district may terminate a contract with a person or
889	889	business entity if the district determines that the person or
890	890	business entity failed to give notice as required by Subsection (a)
891	891	or misrepresented the conduct resulting in the conviction. The
892	892	district must compensate the person or business entity for goods
893	893	delivered or services performed before the termination of the
894	894	contract.
895	895	(d) This section does not apply to a publicly held
896	896	corporation.
897	897	Sec. 130.315. CHANGE ORDERS. (a) After performance of a
898	898	construction contract begins, a district may approve change orders
899	899	if necessary to:
900	900	(1) make changes in plans or specifications; or
901	901	(2) decrease or increase the quantity of work to be
902	902	performed or materials, equipment, or supplies to be furnished.
903	903	(b) The total price of a contract may not be increased by a
904	904	change order unless provision has been made for the payment of the
905	905	added cost by the appropriation of current funds or bond funds for
906	906	that purpose, by the authorization of the issuance of certificates,
907	907	or by a combination of those procedures. The original contract
908	908	price may not be increased by more than 25 percent unless the board
909	909	of trustees determines the change is due to causes beyond the
910	910	reasonable control of the district or contractor.
911	911	(c) Except as provided by Subsection (b) or Section
912	912	130.303(e), a person, including a member of the board of trustees,
913	913	who knowingly authorizes one or more change orders that, in the
914	914	aggregate, exceed 25 percent of the original contract price is
915	915	subject to Section 130.313.
916	916	Sec. 130.316. ERRORS AND OMISSIONS INSURANCE. For any
917	917	public work contract awarded under this subchapter, to protect the
918	918	interest of the district, the architect or engineer that prepared
919	919	the plans and specifications for the public work shall, at the
920	920	architect's or engineer's expense, carry an errors and omissions
921	921	insurance policy in an amount not less than $1 million or the value
922	922	of the work if the work has a value of less than $1 million.
923	923	Sec. 130.317. DESIGN-BUILD CONTRACTS FOR FACILITIES.
924	924	(a) In this section:
925	925	(1) "Design-build contract" means a single contract
926	926	with a design-build firm for the design and construction of a
927	927	facility.
928	928	(2) "Design-build firm" means a partnership,
929	929	corporation, or other legal entity or team that includes an
930	930	engineer or architect and a builder qualified to engage in building
931	931	construction in this state.
932	932	(3) "Design criteria package" means a set of documents
933	933	that provides sufficient information, including criteria for
934	934	selection, to permit a design-build firm to prepare a response to a
935	935	district's request for qualifications and to the district's request
936	936	for any additional information. The design criteria package must
937	937	specify criteria the district considers necessary to describe the
938	938	project and may include, as appropriate, the legal description of
939	939	the site, survey information concerning the site, interior space
940	940	requirements, special material requirements, material quality
941	941	standards, conceptual criteria for the project, special equipment
942	942	requirements, cost or budget estimates, time schedules, quality
943	943	assurance and quality control requirements, site development
944	944	requirements, applicable codes and ordinances, provisions for
945	945	utilities, parking requirements, or any other requirement, as
946	946	applicable.
947	947	(b) A district may use the design-build method for the
948	948	construction, rehabilitation, alteration, or repair of a facility.
949	949	In using that method and in entering into a contract for the
950	950	services of a design-build firm, the contracting district and the
951	951	design-build firm shall follow the procedures provided by
952	952	Subsections (c)-(j).
953	953	(c) The district may designate an engineer or architect to
954	954	act as its representative. If the district's engineer or architect
955	955	is not a full-time employee of the district, any engineer or
956	956	architect designated shall be selected on the basis of demonstrated
957	957	competence and qualifications in accordance with Subchapter A,
958	958	Chapter 2254, Government Code.
959	959	(d) The district shall prepare a request for qualifications
960	960	that includes general information on the project site, project
961	961	scope, budget, special systems, selection criteria, and other
962	962	information that may assist potential design-build firms in
963	963	submitting proposals for the project. The district shall also
964	964	prepare a design criteria package that includes more detailed
965	965	information on the project. If the preparation of the design
966	966	criteria package requires engineering or architectural services
967	967	that constitute the practice of engineering within the meaning of
968	968	Chapter 1001, Occupations Code, or the practice of architecture
969	969	within the meaning of Chapter 1051, Occupations Code, those
970	970	services shall be provided in accordance with the applicable law.
971	971	(e) The district shall evaluate statements of
972	972	qualifications and select a design-build firm in two phases:
973	973	(1) In phase one, the district shall prepare a request
974	974	for qualifications and evaluate each offeror's experience,
975	975	technical competence, and capability to perform, the past
976	976	performance of the offeror's team and members of the team, and other
977	977	appropriate factors submitted by the team or firm in response to the
978	978	request for qualifications, except that cost-related or
979	979	price-related evaluation factors are not permitted. Each offeror
980	980	must certify to the district that each engineer or architect who is
981	981	a member of its team was selected based on demonstrated competence
982	982	and qualifications. The district shall qualify a maximum of five
983	983	offerors to submit additional information and, if the district
984	984	chooses, to interview for final selection.
985	985	(2) In phase two, the district shall evaluate the
986	986	information submitted by the offerors on the basis of the selection
987	987	criteria stated in the request for qualifications and the results
988	988	of any interview. The district may request additional information
989	989	regarding demonstrated competence and qualifications,
990	990	considerations of the safety and long-term durability of the
991	991	project, the feasibility of implementing the project as proposed,
992	992	the ability of the offeror to meet schedules, costing methodology,
993	993	or other factors as appropriate. The district may not require
994	994	offerors to submit detailed engineering or architectural designs as
995	995	part of the proposal. The district shall rank each proposal
996	996	submitted on the basis of the criteria set forth in the request for
997	997	qualifications. The district shall select the design-build firm
998	998	that submits the proposal offering the best value for the district
999	999	on the basis of the published selection criteria and on its ranking
1000	1000	evaluations. The district shall first attempt to negotiate a
1001	1001	contract with the selected offeror. If the district is unable to
1002	1002	negotiate a satisfactory contract with the selected offeror, the
1003	1003	district shall, formally and in writing, end negotiations with that
1004	1004	offeror and proceed to negotiate with the next offeror in the order
1005	1005	of the selection ranking until a contract is reached or
1006	1006	negotiations with all ranked offerors end.
1007	1007	(f) Following selection of a design-build firm under
1008	1008	Subsection (e), that firm's engineers or architects shall complete
1009	1009	the design, submitting all design elements for review and
1010	1010	determination of scope compliance to the district or to the
1011	1011	district's engineer or architect before or concurrently with
1012	1012	construction.
1013	1013	(g) An engineer shall have responsibility for compliance
1014	1014	with the engineering design requirements and all other applicable
1015	1015	requirements of Chapter 1001, Occupations Code. An architect shall
1016	1016	have responsibility for compliance with the requirements of Chapter
1017	1017	1051, Occupations Code.
1018	1018	(h) The district shall provide or contract for,
1019	1019	independently of the design-build firm, the inspection services,
1020	1020	testing of construction materials engineering, and verification
1021	1021	testing services necessary for acceptance of the facility by the
1022	1022	district. The district shall select those services for which it
1023	1023	contracts in accordance with Section 2254.004, Government Code.
1024	1024	(i) The design-build firm shall supply a signed and sealed
1025	1025	set of construction documents for the project to the district at the
1026	1026	conclusion of construction.
1027	1027	(j) A payment or performance bond is not required for, and
1028	1028	may not provide coverage for, the portion of a design-build
1029	1029	contract under this section that includes design services only. If
1030	1030	a fixed contract amount or guaranteed maximum price has not been
1031	1031	determined at the time a design-build contract is awarded, the
1032	1032	penal sums of the performance and payment bonds delivered to the
1033	1033	district must each be in an amount equal to the project budget, as
1034	1034	specified in the design criteria package. The design-build firm
1035	1035	shall deliver the bonds not later than the 10th day after the date
1036	1036	the design-build firm executes the contract unless the design-build
1037	1037	firm furnishes a bid bond or other financial security acceptable to
1038	1038	the district to ensure that the design-build firm will furnish the
1039	1039	required performance and payment bonds when a guaranteed maximum
1040	1040	price is established.
1041	1041	Sec. 130.318. CONTRACTS FOR FACILITIES: CONSTRUCTION
1042	1042	MANAGER-AGENT. (a) A district may contract with a construction
1043	1043	manager-agent in conjunction with a contract for the construction,
1044	1044	rehabilitation, alteration, or repair of a facility. In entering
1045	1045	into a contract for the services of a construction manager-agent, a
1046	1046	district shall follow the procedures prescribed by this section.
1047	1047	(b) A construction manager-agent is a sole proprietorship,
1048	1048	partnership, corporation, or other legal entity that provides
1049	1049	consultation to the district regarding construction,
1050	1050	rehabilitation, alteration, or repair of a facility. A district
1051	1051	using the services of a construction manager-agent may, under the
1052	1052	contract between the district and the construction manager-agent,
1053	1053	require the construction manager-agent to provide administrative
1054	1054	personnel, equipment necessary to perform duties under this
1055	1055	section, and on-site management and other services specified in the
1056	1056	contract. A construction manager-agent represents the district in
1057	1057	a fiduciary capacity.
1058	1058	(c) Before or concurrently with selecting a construction
1059	1059	manager-agent, the district shall select or designate an engineer
1060	1060	or architect who shall prepare the construction documents for the
1061	1061	project and who has full responsibility for complying with Chapter
1062	1062	1001 or 1051, Occupations Code, as applicable. If the engineer or
1063	1063	architect is not a full-time employee of the district, the district
1064	1064	shall select the engineer or architect on the basis of demonstrated
1065	1065	competence and qualifications as provided by Section 2254.004,
1066	1066	Government Code. The district's engineer or architect may not
1067	1067	serve, alone or in combination with another person, as the
1068	1068	construction manager-agent unless the engineer or architect is
1069	1069	hired to serve as the construction manager-agent under a separate
1070	1070	or concurrent procurement conducted in accordance with this
1071	1071	subchapter. This subsection does not prohibit the district's
1072	1072	engineer or architect from providing customary construction phase
1073	1073	services under the engineer's or architect's original professional
1074	1074	service agreement with the district and in accordance with
1075	1075	applicable licensing laws.
1076	1076	(d) A district shall select a construction manager-agent on
1077	1077	the basis of demonstrated competence and qualifications in the same
1078	1078	manner as provided for the selection of engineers or architects
1079	1079	under Section 2254.004, Government Code.
1080	1080	(e) A district using the services of a construction
1081	1081	manager-agent shall procure, in accordance with applicable law and
1082	1082	in any manner authorized by this chapter, a general contractor,
1083	1083	trade contractors, or subcontractors who will serve as the prime
1084	1084	contractor for their specific portion of the work.
1085	1085	(f) The district or the construction manager-agent shall
1086	1086	procure in accordance with Section 2254.004, Government Code, all
1087	1087	of the testing of construction materials engineering, the
1088	1088	inspection services, and the verification testing services
1089	1089	necessary for acceptance of the facility by the district.
1090	1090	Sec. 130.319. CONTRACTS FOR FACILITIES: CONSTRUCTION
1091	1091	MANAGER-AT-RISK. (a) A district may use the construction
1092	1092	manager-at-risk method for the construction, rehabilitation,
1093	1093	alteration, or repair of a facility. In using that method and in
1094	1094	entering into a contract for the services of a construction
1095	1095	manager-at-risk, a district shall follow the procedures prescribed
1096	1096	by this section.
1097	1097	(b) A construction manager-at-risk is a sole
1098	1098	proprietorship, partnership, corporation, or other legal entity
1099	1099	that assumes the risk for construction, rehabilitation,
1100	1100	alteration, or repair of a facility at the contracted price as a
1101	1101	general contractor and provides consultation to the district
1102	1102	regarding construction during and after the design of the facility.
1103	1103	(c) Before or concurrently with selecting a construction
1104	1104	manager-at-risk, the district shall select or designate an engineer
1105	1105	or architect who shall prepare the construction documents for the
1106	1106	project and who has full responsibility for complying with Chapter
1107	1107	1001 or 1051, Occupations Code, as applicable. If the engineer or
1108	1108	architect is not a full-time employee of the district, the district
1109	1109	shall select the engineer or architect on the basis of demonstrated
1110	1110	competence and qualifications as provided by Section 2254.004,
1111	1111	Government Code. The district's engineer, architect, or
1112	1112	construction manager-agent for a project may not serve, alone or in
1113	1113	combination with another, as the construction manager-at-risk.
1114	1114	(d) The district shall provide or contract for,
1115	1115	independently of the construction manager-at-risk, the inspection
1116	1116	services, testing of construction materials engineering, and
1117	1117	verification testing services necessary for acceptance of the
1118	1118	facility by the district. The district shall select those services
1119	1119	for which it contracts in accordance with Section 2254.004,
1120	1120	Government Code.
1121	1121	(e) The district shall select the construction
1122	1122	manager-at-risk in either a one-step or two-step process. The
1123	1123	district shall prepare a request for competitive sealed proposals,
1124	1124	in the case of a one-step process, or a request for qualifications,
1125	1125	in the case of a two-step process, that includes general
1126	1126	information on the project site, project scope, schedule, selection
1127	1127	criteria, estimated budget, the time and place for receipt of, as
1128	1128	applicable, proposals or qualifications, a statement as to whether
1129	1129	the selection process is a one-step or two-step process, and other
1130	1130	information that may assist the district in its selection of a
1131	1131	construction manager-at-risk. The district shall state the
1132	1132	selection criteria in the request for proposals or qualifications,
1133	1133	as applicable. The selection criteria may include the offeror's
1134	1134	experience, past performance, safety record, proposed personnel
1135	1135	and methodology, and other appropriate factors that demonstrate the
1136	1136	capability of the construction manager-at-risk. If a one-step
1137	1137	process is used, the district may request, as part of the offeror's
1138	1138	proposal, proposed fees and prices for fulfilling the general
1139	1139	conditions. If a two-step process is used, the district may not
1140	1140	request fees or prices in step one. In step two, the district may
1141	1141	request that five or fewer offerors, selected solely on the basis of
1142	1142	qualifications, provide additional information, including the
1143	1143	construction manager-at-risk's proposed fee and its price for
1144	1144	fulfilling the general conditions.
1145	1145	(f) At each step, the district shall receive, publicly open,
1146	1146	and read aloud the names of the offerors. Within 45 days after the
1147	1147	date of opening the proposals, the district shall evaluate and rank
1148	1148	each proposal submitted in relation to the criteria set forth in the
1149	1149	request for proposals. Within seven days from the date of the award
1150	1150	of the contract, the district shall make public all proposals,
1151	1151	including the fees and prices stated in each proposal.
1152	1152	(g) The district shall select the offeror that submits the
1153	1153	proposal that offers the best value for the district based on the
1154	1154	published selection criteria and on its ranking evaluation. The
1155	1155	district shall first attempt to negotiate a contract with the
1156	1156	selected offeror. If the district is unable to negotiate a
1157	1157	satisfactory contract with the selected offeror, the district
1158	1158	shall, formally and in writing, end negotiations with that offeror
1159	1159	and proceed to negotiate with the next offeror in the order of the
1160	1160	selection ranking until a contract is reached or negotiations with
1161	1161	all ranked offerors end.
1162	1162	(h) A construction manager-at-risk shall publicize notice,
1163	1163	in accordance with Section 130.306, and receive bids or proposals
1164	1164	from trade contractors or subcontractors for the performance of all
1165	1165	major elements of the work other than the minor work that may be
1166	1166	included in the general conditions. A construction manager-at-risk
1167	1167	may seek to perform portions of the work itself if the construction
1168	1168	manager-at-risk submits its bid or proposal for those portions of
1169	1169	the work in the same manner as all other trade contractors or
1170	1170	subcontractors and if the district determines that the construction
1171	1171	manager-at-risk's bid or proposal provides the best value for the
1172	1172	district.
1173	1173	(i) The construction manager-at-risk and the district or
1174	1174	its representative shall review all trade contractor or
1175	1175	subcontractor bids or proposals in a manner that does not disclose
1176	1176	the contents of the bid or proposal during the selection process to
1177	1177	a person not employed by the construction manager-at-risk,
1178	1178	engineer, architect, or district. All bids or proposals shall be
1179	1179	made public after the award of the contract or within seven days
1180	1180	after the date of final selection of bids or proposals, whichever is
1181	1181	later.
1182	1182	(j) If the construction manager-at-risk reviews, evaluates,
1183	1183	and recommends to the district a bid or proposal from a trade
1184	1184	contractor or subcontractor but the district requires another bid
1185	1185	or proposal to be accepted, the district shall compensate the
1186	1186	construction manager-at-risk by a change in price, time, or
1187	1187	guaranteed maximum cost for any additional cost and risk that the
1188	1188	construction manager-at-risk may incur because of the district's
1189	1189	requirement that another bid or proposal be accepted.
1190	1190	(k) If a selected trade contractor or subcontractor
1191	1191	defaults in the performance of its work or fails to execute a
1192	1192	subcontract after being selected in accordance with this section,
1193	1193	the construction manager-at-risk may, without advertising, fulfill
1194	1194	the contract requirements or select a replacement trade contractor
1195	1195	or subcontractor to fulfill the contract requirements.
1196	1196	(l) If a fixed contract amount or guaranteed maximum price
1197	1197	has not been determined at the time the contract is awarded, the
1198	1198	penal sums of the performance and payment bonds delivered to the
1199	1199	district must each be in an amount equal to the project budget, as
1200	1200	specified in the request for qualifications. The construction
1201	1201	manager-at-risk shall deliver the bonds not later than the 10th day
1202	1202	after the date the construction manager-at-risk executes the
1203	1203	contract unless the construction manager-at-risk furnishes a bid
1204	1204	bond acceptable to the district to ensure that the construction
1205	1205	manager will furnish the required performance and payment bonds
1206	1206	when a guaranteed maximum price is established.
1207	1207	Sec. 130.320. SELECTING CONTRACTOR FOR CONSTRUCTION
1208	1208	SERVICES THROUGH COMPETITIVE SEALED PROPOSALS. (a) In selecting a
1209	1209	contractor for construction, rehabilitation, alteration, or repair
1210	1210	services for a facility through competitive sealed proposals, a
1211	1211	district shall follow the procedures prescribed by this section.
1212	1212	(b) The district shall select or designate an engineer or
1213	1213	architect to prepare construction documents for the project. The
1214	1214	selected or designated engineer or architect has full
1215	1215	responsibility for complying with Chapter 1001 or 1051, Occupations
1216	1216	Code, as applicable. If the engineer or architect is not a
1217	1217	full-time employee of the district, the district shall select the
1218	1218	engineer or architect on the basis of demonstrated competence and
1219	1219	qualifications as provided by Section 2254.004, Government Code.
1220	1220	(c) The district shall provide or contract for,
1221	1221	independently of the contractor, the inspection services, testing
1222	1222	of construction materials engineering, and verification testing
1223	1223	services necessary for acceptance of the facility by the district.
1224	1224	The district shall select those services for which it contracts in
1225	1225	accordance with Section 2254.004, Government Code, and shall
1226	1226	identify them in the request for proposals.
1227	1227	(d) The district shall prepare a request for competitive
1228	1228	sealed proposals that includes construction documents, selection
1229	1229	criteria, estimated budget, project scope, schedule, and other
1230	1230	information that contractors may require to respond to the request.
1231	1231	(e) The district shall receive, publicly open, and read
1232	1232	aloud the names of the offerors. Within 45 days after the date of
1233	1233	opening the proposals, the district shall evaluate and rank each
1234	1234	proposal submitted in relation to the published selection criteria.
1235	1235	(f) The district shall first attempt to negotiate a contract
1236	1236	with the highest-ranked offeror. The district and its engineer or
1237	1237	architect may discuss with the selected offeror options for a scope
1238	1238	or time modification and any price change associated with the
1239	1239	modification. If the district is unable to negotiate a contract
1240	1240	with the selected offeror, the district shall, formally and in
1241	1241	writing, end negotiations with that offeror and proceed to the next
1242	1242	offeror in the order of the selection ranking until a contract is
1243	1243	reached or all proposals are rejected.
1244	1244	Sec. 130.321. SELECTING CONTRACTOR FOR CONSTRUCTION
1245	1245	SERVICES THROUGH COMPETITIVE BIDDING. Except to the extent
1246	1246	prohibited by other law and to the extent consistent with this
1247	1247	subchapter, a district may use competitive bidding to select a
1248	1248	contractor to perform construction, rehabilitation, alteration, or
1249	1249	repair services for a facility.
1250	1250	Sec. 130.322. JOB ORDER CONTRACTS FOR FACILITIES
1251	1251	CONSTRUCTION OR REPAIR. (a) A district may award job order
1252	1252	contracts for the minor construction, repair, rehabilitation, or
1253	1253	alteration of a facility if the work is of a recurring nature but
1254	1254	the delivery times are indefinite and indefinite quantities and
1255	1255	orders are awarded substantially on the basis of predescribed and
1256	1256	prepriced tasks.
1257	1257	(b) The district may establish contractual unit prices for a
1258	1258	job order contract by:
1259	1259	(1) specifying one or more published construction unit
1260	1260	price books and the applicable divisions or line items; or
1261	1261	(2) providing a list of work items and requiring the
1262	1262	offerors to bid or propose one or more coefficients or multipliers
1263	1263	to be applied to the price book or work items as the price proposal.
1264	1264	(c) The district shall advertise for, receive, and publicly
1265	1265	open sealed proposals for job order contracts. For the purposes of
1266	1266	this section, notice must be published as required under Section
1267	1267	130.306.
1268	1268	(d) The district may require offerors to submit additional
1269	1269	information besides rates, including experience, past performance,
1270	1270	and proposed personnel and methodology.
1271	1271	(e) The district may award job order contracts to one or
1272	1272	more job order contractors in connection with each solicitation of
1273	1273	bids or proposals.
1274	1274	(f) An order for a job or project under the job order
1275	1275	contract must be signed by the district's representative and the
1276	1276	contractor. The order may be a fixed price, lump-sum contract based
1277	1277	substantially on contractual unit pricing applied to estimated
1278	1278	quantities or may be a unit price order based on the quantities and
1279	1279	line items delivered.
1280	1280	(g) The contractor shall provide payment and performance
1281	1281	bonds, if required by law, based on the amount or estimated amount
1282	1282	of any order.
1283	1283	(h) The base term of a job order contract is for the period
1284	1284	and with any renewal option that the district sets forth in the
1285	1285	request for proposals. If the district fails to advertise that
1286	1286	term, the base term may not exceed two years and is not renewable
1287	1287	without further advertisement and solicitation of proposals.
1288	1288	(i) If a job order contract or an order issued under the
1289	1289	contract requires engineering or architectural services that
1290	1290	constitute the practice of engineering within the meaning of
1291	1291	Chapter 1001, Occupations Code, or the practice of architecture
1292	1292	within the meaning of Chapter 1051, Occupations Code, the district
1293	1293	shall select or designate an architect or engineer to prepare the
1294	1294	construction documents for the facility. If the architect or
1295	1295	engineer is not a full-time employee of the district, the district
1296	1296	shall select the architect or engineer on the basis of demonstrated
1297	1297	competence and qualifications as provided by Section 2254.004,
1298	1298	Government Code. The request for qualifications for the architect
1299	1299	or engineer shall be advertised in the manner provided for giving
1300	1300	notice under Section 130.306.
1301	1301	Sec. 130.323. CONTRACTS MADE WITHOUT ADVERTISING.
1302	1302	(a) Except as provided by Subsection (d) and Section 130.303(e), a
1303	1303	contract for construction with a cost of $10,000 or more but less
1304	1304	than $50,000, including contingency or reserve amounts, must be
1305	1305	made through written competitive bids or proposals. A minimum of
1306	1306	three bids or proposals must be considered before awarding a
1307	1307	contract. A district is not required to advertise the contract.
1308	1308	(b) In determining to whom to award a contract under this
1309	1309	section, the district shall consider the factors described by
1310	1310	Section 130.304(b).
1311	1311	(c) A person may not use this section to knowingly violate
1312	1312	Section 130.313.
1313	1313	(d) A contract is not required to be made through
1314	1314	competitive bids or proposals under this section if the contract is
1315	1315	for the repair or replacement of a captive replacement part or
1316	1316	component for equipment or a specialized service that is available
1317	1317	from only one source.
1318	1318	[Sections 130.324-130.350 reserved for expansion]
1319	1319	SUBCHAPTER M. DISPOSAL OF SURPLUS PERSONAL PROPERTY
1320	1320	Sec. 130.351. SALE OF PERSONAL PROPERTY. A junior college
1321	1321	district shall dispose of surplus personal property in an
1322	1322	accountable manner that best serves the interest of the district. A
1323	1323	sale of personal property that is not covered by Chapter 791,
1324	1324	Government Code, must be solicited and awarded in the same manner as
1325	1325	a contract for the purchase of goods or services under Subchapter K.
1326	1326	Sec. 130.352. METHODS OF DISPOSAL. (a) A junior college
1327	1327	district may use any of the following methods to dispose of surplus
1328	1328	personal property:
1329	1329	(1) the use of a licensed auctioneer to conduct live or
1330	1330	Internet-based auctions;
1331	1331	(2) a direct sale by the district to a person
1332	1332	submitting the highest and best bid through a competitive process,
1333	1333	including an Internet-based bidding system;
1334	1334	(3) the trade-in of items when purchasing new items;
1335	1335	(4) a sale or transfer to another governmental entity
1336	1336	at a mutually agreed price; or
1337	1337	(5) a donation to a public school in this state.
1338	1338	(b) If the junior college district is unable to find a buyer
1339	1339	for surplus property, the property may be:
1340	1340	(1) discarded in accordance with applicable federal,
1341	1341	state, and local laws, ordinances, and rules; or
1342	1342	(2) removed by an interested party at no charge or for
1343	1343	a nominal charge.
1344	1344	(c) Except as provided by this section, a junior college
1345	1345	district may not give, donate, loan, or transfer surplus property
1346	1346	to any person or entity.
1347	1347	[Sections 130.353-130.400 reserved for expansion]
1348	1348	SUBCHAPTER N. PROFESSIONAL SERVICES AND CONSULTANT SERVICES
1349	1349	Sec. 130.401. PROFESSIONAL SERVICES. (a) For purposes of
1350	1350	this section, "professional service provider" means a person who
1351	1351	provides services of a predominantly mental or intellectual matter
1352	1352	and who is a member of a discipline requiring special knowledge or
1353	1353	the attainment of a high order of learning, skill, or intelligence.
1354	1354	The term includes a person who provides professional services, as
1355	1355	defined by Section 2254.002, Government Code.
1356	1356	(b) A junior college district shall select and enter into
1357	1357	contracts for professional services in accordance with Subchapter
1358	1358	A, Chapter 2254, Government Code. If the estimated value of a
1359	1359	contract for professional services is $50,000 or more during a
1360	1360	fiscal year, or during the contract's term if the contract is a
1361	1361	multiple year contract, the district shall publish notice of the
1362	1362	request for qualifications as provided by Section 130.258.
1363	1363	(c) If the estimated value of a contract for professional
1364	1364	services is $10,000 or more but less than $50,000 during a fiscal
1365	1365	year or during the contract's term if the contract is a multiple
1366	1366	year contract, requests for qualifications must be solicited from
1367	1367	at least three professional service providers and the publication
1368	1368	of notice is not required.
1369	1369	(d) A professional service provider selected by the junior
1370	1370	college district may be selected for a specific project or for
1371	1371	various projects that arise during the term of the provider's
1372	1372	contract. The term of a contract with a professional service
1373	1373	provider may not exceed five years, except that the professional
1374	1374	service provider shall complete services for projects started
1375	1375	before the end of the contract term.
1376	1376	Sec. 130.402. CONSULTANTS. (a) For purposes of this
1377	1377	section, "consultant" includes a financial advisor, fiscal agent,
1378	1378	auctioneer, personnel services provider, travel agent, technology
1379	1379	or educational services provider or advisor, and a business engaged
1380	1380	to teach approved courses.
1381	1381	(b) A junior college district shall select and enter into
1382	1382	contracts with consultants in accordance with Section 130.253 or
1383	1383	Subchapter B, Chapter 2254, Government Code. If the estimated
1384	1384	value of a contract for consulting services is $50,000 or more
1385	1385	during a fiscal year, or during the contract's term if the contract
1386	1386	is a multiple year contract, the district shall advertise the
1387	1387	request for qualifications, bids, or proposals as provided by
1388	1388	Section 130.258.
1389	1389	(c) If the estimated value of a contract for consulting
1390	1390	services is $10,000 or more but less than $50,000 during a fiscal
1391	1391	year, or during the contract's term if the contract is a multiple
1392	1392	year contract, requests for qualifications, bids, or proposals must
1393	1393	be solicited from at least three consultants and the publication of
1394	1394	notice is not required.
1395	1395	(d) A consultant selected by the junior college district may
1396	1396	be selected for a specific project or for various projects that
1397	1397	arise during the term of the consultant's contract. The term of a
1398	1398	contract with a consultant may not exceed five years, except that
1399	1399	the consultant shall complete services for projects started before
1400	1400	the end of the contract term.
1401	1401	Sec. 130.403. RULES AND PROCEDURES; AUDITS BY STATE
1402	1402	AUDITOR. (a) The board of trustees of a junior college district
1403	1403	may adopt rules and procedures for the acquisition of professional
1404	1404	services and consultants by the district.
1405	1405	(b) Junior college district contracts for professional
1406	1406	services or consultants are subject to audit by the state auditor in
1407	1407	accordance with Chapter 321, Government Code.
1408	1408	SECTION 5. Section 271.023, Local Government Code, is
1409	1409	amended to read as follows:
1410	1410	Sec. 271.023. CONFLICT OF LAWS. To the extent of any
1411	1411	conflict, the provisions of Subchapter B, Chapter 44, Education
1412	1412	Code, relating to the purchase of goods and services under contract
1413	1413	by a school district and the provisions of Subchapters K and L,
1414	1414	Chapter 130, Education Code, relating to the purchase of goods and
1415	1415	services and construction services under contract by a junior
1416	1416	college prevail over this subchapter.
1417	1417	SECTION 6. Subsection (b), Section 44.0311, and Sections
1418	1418	130.010 and 130.0101, Education Code, are repealed.
1419	1419	SECTION 7. The change in law made by this Act applies only
1420	1420	to a contract for which requests for bids, requests for proposals,
1421	1421	or requests for qualifications are published or distributed on or
1422	1422	after the effective date of this Act. A contract for which requests
1423	1423	for bids, requests for proposals, or requests for qualifications
1424	1424	are published or distributed before the effective date of this Act
1425	1425	is covered by the law in effect when the requests were published or
1426	1426	distributed, and the former law is continued in effect for that
1427	1427	purpose.
1428	1428	SECTION 8. This Act does not make an appropriation. A
1429	1429	provision in this Act that creates a new governmental program,
1430	1430	creates a new entitlement, or imposes a new duty on a governmental
1431	1431	entity is not mandatory during a fiscal period for which the
1432	1432	legislature has not made a specific appropriation to implement the
1433	1433	provision.
1434	1434	SECTION 9. This Act takes effect September 1, 2009.