82R13597 EAH-F
By: Brown H.B. No. 3676
A BILL TO BE ENTITLED
AN ACT
relating to procuring contracts for certain professional services
by a governmental entity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2254.004, Government Code, is amended to
read as follows:
Sec. 2254.004. CONTRACT FOR PROFESSIONAL SERVICES OF
ARCHITECT, ENGINEER, OR SURVEYOR. [(a)] In procuring
architectural, engineering, or land surveying services, a
governmental entity shall:
(1) base its choice on demonstrated competence,
knowledge, and qualifications and on the reasonableness of the
proposed fee for the services [first select the most highly
qualified provider of those services on the basis of demonstrated
competence and qualifications]; and
(2) if other considerations are equal, give preference
to a provider of those services whose principal place of business is
in this state or who will manage the contract wholly from an office
in this state [then attempt to negotiate with that provider a
contract at a fair and reasonable price].
[(b) If a satisfactory contract cannot be negotiated with
the most highly qualified provider of architectural, engineering,
or land surveying services, the entity shall:
[(1) formally end negotiations with that provider;
[(2) select the next most highly qualified provider;
and
[(3) attempt to negotiate a contract with that
provider at a fair and reasonable price.
[(c) The entity shall continue the process described in
Subsection (b) to select and negotiate with providers until a
contract is entered into.]
SECTION 2. (a) This Act applies only to a contract or a
construction or other public works project for which a governmental
entity first advertises or otherwise requests bids, proposals,
offers, or qualifications, or makes a similar solicitation, on or
after the effective date of this Act.
(b) A contract or a construction or other public works
project for which a governmental entity first advertises or
otherwise requests bids, proposals, offers, or qualifications, or
makes a similar solicitation, before the effective date of this Act
is governed by the law as it existed immediately before the
effective date of this Act, and that law is continued in effect for
that purpose.
SECTION 3. This Act takes effect September 1, 2011.