| 1 | 1 | | By: Davis S.B. No. 1864 |
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| 2 | 2 | | (In the Senate - Filed March 11, 2011; March 24, 2011, read |
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| 3 | 3 | | first time and referred to Committee on Transportation and Homeland |
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| 4 | 4 | | Security; April 26, 2011, reported adversely, with favorable |
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| 5 | 5 | | Committee Substitute by the following vote: Yeas 6, Nays 1; |
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| 6 | 6 | | April 26, 2011, sent to printer.) |
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| 7 | 7 | | COMMITTEE SUBSTITUTE FOR S.B. No. 1864 By: Davis |
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| 8 | 8 | | |
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| 9 | 9 | | |
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| 10 | 10 | | A BILL TO BE ENTITLED |
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| 11 | 11 | | AN ACT |
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| 12 | 12 | | relating to the awarding of contracts by the Texas Department of |
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| 13 | 13 | | Transportation to private sector providers. |
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| 14 | 14 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 15 | 15 | | SECTION 1. Subchapter B, Chapter 223, Transportation Code, |
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| 16 | 16 | | is amended by adding Section 223.049 to read as follows: |
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| 17 | 17 | | Sec. 223.049. PREFERENCE FOR CERTAIN PROVIDERS. (a) In |
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| 18 | 18 | | awarding a contract to a private sector provider, the department |
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| 19 | 19 | | shall give preference to a private sector provider if: |
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| 20 | 20 | | (1) the preference serves to create a positive |
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| 21 | 21 | | economic impact on job growth and job retention in this state; |
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| 22 | 22 | | (2) the transportation project for which the contract |
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| 23 | 23 | | is being awarded is funded entirely from: |
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| 24 | 24 | | (A) state funds; |
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| 25 | 25 | | (B) local funds; or |
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| 26 | 26 | | (C) a combination of state and local funds; and |
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| 27 | 27 | | (3) the provider meets department expectations |
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| 28 | 28 | | regarding price for the contract. |
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| 29 | 29 | | (b) The department, in determining whether the preference |
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| 30 | 30 | | serves to create a positive economic impact on job growth and job |
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| 31 | 31 | | retention in this state under Subsection (a), may consider a |
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| 32 | 32 | | private sector provider's employment presence and business |
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| 33 | 33 | | establishments in this state. |
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| 34 | 34 | | SECTION 2. This Act takes effect immediately if it receives |
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| 35 | 35 | | a vote of two-thirds of all the members elected to each house, as |
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| 36 | 36 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 37 | 37 | | Act does not receive the vote necessary for immediate effect, this |
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| 38 | 38 | | Act takes effect September 1, 2011. |
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| 39 | 39 | | * * * * * |
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