| 1 | 1 | | By: Davis of Dallas (Senate Sponsor - Carona) H.B. No. 2223 |
|---|
| 2 | 2 | | (In the Senate - Received from the House April 27, 2011; |
|---|
| 3 | 3 | | May 3, 2011, read first time and referred to Committee on |
|---|
| 4 | 4 | | Transportation and Homeland Security; May 17, 2011, reported |
|---|
| 5 | 5 | | favorably by the following vote: Yeas 6, Nays 0; May 17, 2011, |
|---|
| 6 | 6 | | sent to printer.) |
|---|
| 7 | 7 | | |
|---|
| 8 | 8 | | |
|---|
| 9 | 9 | | A BILL TO BE ENTITLED |
|---|
| 10 | 10 | | AN ACT |
|---|
| 11 | 11 | | relating to the contracts of certain regional transportation |
|---|
| 12 | 12 | | authorities that are required to be competitively bid. |
|---|
| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 14 | 14 | | SECTION 1. Section 452.107(c), Transportation Code, is |
|---|
| 15 | 15 | | amended to read as follows: |
|---|
| 16 | 16 | | (c) The executive committee may authorize the negotiation |
|---|
| 17 | 17 | | of a contract without competitive sealed bids or proposals if: |
|---|
| 18 | 18 | | (1) the aggregate amount involved in the contract is |
|---|
| 19 | 19 | | $50,000 [$25,000] or less; |
|---|
| 20 | 20 | | (2) the contract is for construction for which not |
|---|
| 21 | 21 | | more than one bid or proposal is received; |
|---|
| 22 | 22 | | (3) the contract is for services or property for which |
|---|
| 23 | 23 | | there is only one source or for which it is otherwise impracticable |
|---|
| 24 | 24 | | to obtain competition; |
|---|
| 25 | 25 | | (4) the contract is to respond to an emergency for |
|---|
| 26 | 26 | | which the public exigency does not permit the delay incident to the |
|---|
| 27 | 27 | | competitive process; |
|---|
| 28 | 28 | | (5) the contract is for personal or professional |
|---|
| 29 | 29 | | services or services for which competitive bidding is precluded by |
|---|
| 30 | 30 | | law; or |
|---|
| 31 | 31 | | (6) the contract, without regard to form and which may |
|---|
| 32 | 32 | | include bonds, notes, loan agreements, or other obligations, is for |
|---|
| 33 | 33 | | the purpose of borrowing money or is a part of a transaction |
|---|
| 34 | 34 | | relating to the borrowing of money, including: |
|---|
| 35 | 35 | | (A) a credit support agreement, such as a line or |
|---|
| 36 | 36 | | letter of credit or other debt guaranty; |
|---|
| 37 | 37 | | (B) a bond, note, debt sale or purchase, trustee, |
|---|
| 38 | 38 | | paying agent, remarketing agent, indexing agent, or similar |
|---|
| 39 | 39 | | agreement; |
|---|
| 40 | 40 | | (C) an agreement with a securities dealer or |
|---|
| 41 | 41 | | investment adviser, broker, or underwriter; and |
|---|
| 42 | 42 | | (D) any other contract or agreement considered by |
|---|
| 43 | 43 | | the executive committee to be appropriate or necessary in support |
|---|
| 44 | 44 | | of the authority's financing activities. |
|---|
| 45 | 45 | | SECTION 2. The change in law made by this Act applies only |
|---|
| 46 | 46 | | to a contract for which a regional transportation authority first |
|---|
| 47 | 47 | | advertises or otherwise solicits bids or proposals on or after the |
|---|
| 48 | 48 | | effective date of this Act. |
|---|
| 49 | 49 | | SECTION 3. This Act takes effect September 1, 2011. |
|---|
| 50 | 50 | | * * * * * |
|---|