By: Davis, West S.B. No. 1866
A BILL TO BE ENTITLED
AN ACT
relating to the selection of providers of professional services by
governmental entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2254.003, Government Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) Unless inconsistent with the criteria in Subsection
(a), a governmental entity selecting a provider of or awarding a
contract for professional services may consider:
(1) the impact on the entity's ability to comply with
laws, rules, or policies regarding, as applicable:
(A) historically underutilized or minority-owned
businesses;
(B) small business development programs; and
(C) any other contracting program approved by the
entity that relates to Paragraph (A) or (B); and
(2) the locations of the provider's or group or
association of providers' places of business where the work will be
performed if, in the entity's governing body's judgment, the
location of the places of business where the work will be performed
will impact the most efficient and economical provision of the
services.
SECTION 2. Section 2254.004, Government Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) Unless inconsistent with the criteria in Subsection
(a), a governmental entity selecting a provider of or awarding a
contract for architectural, engineering, or land surveying
services may consider:
(1) the impact on the entity's ability to comply with
laws, rules, or policies regarding, as applicable:
(A) historically underutilized or minority-owned
businesses;
(B) small business development programs; and
(C) any other contracting program approved by the
entity that relates to Paragraph (A) or (B); and
(2) the locations of the provider's places of business
where the work will be preformed if, in the entity's governing
body's judgement, the location of the places of business where the
work will be performed will impact the most efficient and
economical provision of the services.
SECTION 3. The changes in law made by this Act apply only to
a contract for which an invitation for offers, request for
proposals, request for qualifications, or other similar
solicitation is first published or distributed on or after the
effective date of this Act. A contract for which an invitation for
offers, request for proposals, request for qualifications, or other
similar solicitation is first published or distributed before the
effective date of this Act is governed by the law in effect at the
time the invitation, request, or other solicitation is published or
distributed, and the former law is continued in effect for that
purpose.
SECTION 4. This Act takes effect September 1, 2011.