By: McClendon (Senate Sponsor - Wentworth) H.B. No. 2325
(In the Senate - Received from the House April 26, 2011;
April 29, 2011, read first time and referred to Committee on
Transportation and Homeland Security; May 17, 2011, reported
favorably by the following vote: Yeas 6, Nays 0; May 17, 2011,
sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the competitive bidding and notice requirements for
contracts of certain mass transportation authorities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 451.110(c), Transportation Code, is
amended to read as follows:
(c) Subsection (a) does not apply to a contract for:
(1) $50,000 [$25,000] or less;
(2) the purchase of real property;
(3) personal or professional services; or
(4) the acquisition of an existing transit system.
SECTION 2. Section 451.111(a), Transportation Code, is
amended to read as follows:
(a) Except as provided by Subchapter Q, unless the posting
requirement in Subsection (b) is satisfied, a board may not let a
contract that is:
(1) for more than $50,000 [$25,000]; and
(2) for:
(A) the purchase of real property; or
(B) consulting or professional services.
SECTION 3. Section 452.107(c), Transportation Code, is
amended to read as follows:
(c) The executive committee may authorize the negotiation
of a contract without competitive sealed bids or proposals if:
(1) the aggregate amount involved in the contract is
$50,000 [$25,000] or less;
(2) the contract is for construction for which not
more than one bid or proposal is received;
(3) the contract is for services or property for which
there is only one source or for which it is otherwise impracticable
to obtain competition;
(4) the contract is to respond to an emergency for
which the public exigency does not permit the delay incident to the
competitive process;
(5) the contract is for personal or professional
services or services for which competitive bidding is precluded by
law; or
(6) the contract, without regard to form and which may
include bonds, notes, loan agreements, or other obligations, is for
the purpose of borrowing money or is a part of a transaction
relating to the borrowing of money, including:
(A) a credit support agreement, such as a line or
letter of credit or other debt guaranty;
(B) a bond, note, debt sale or purchase, trustee,
paying agent, remarketing agent, indexing agent, or similar
agreement;
(C) an agreement with a securities dealer or
investment adviser, broker, or underwriter; and
(D) any other contract or agreement considered by
the executive committee to be appropriate or necessary in support
of the authority's financing activities.
SECTION 4. The change in law made by this Act applies only
to a contract for which a regional transportation authority or
metropolitan rapid transit authority first advertises or otherwise
solicits bids or proposals on or after the effective date of this
Act.
SECTION 5. This Act takes effect September 1, 2011.
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