| 1 | 1 | | By: Davis S.B. No. 1866 |
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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 State Affairs; May 5, 2011, |
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| 4 | 4 | | reported adversely, with favorable Committee Substitute by the |
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| 5 | 5 | | following vote: Yeas 7, Nays 1; May 5, 2011, sent to printer.) |
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| 6 | 6 | | COMMITTEE SUBSTITUTE FOR S.B. No. 1866 By: Duncan |
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| 7 | 7 | | |
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| 8 | 8 | | |
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| 9 | 9 | | A BILL TO BE ENTITLED |
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| 10 | 10 | | AN ACT |
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| 11 | 11 | | relating to the selection of providers of professional services by |
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| 12 | 12 | | governmental entities. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Section 2254.003, Government Code, is amended by |
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| 15 | 15 | | adding Subsection (a-1) to read as follows: |
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| 16 | 16 | | (a-1) Unless inconsistent with the criteria in Subsection |
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| 17 | 17 | | (a), a governmental entity selecting a provider of or awarding a |
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| 18 | 18 | | contract for professional services may consider: |
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| 19 | 19 | | (1) the impact on the entity's ability to comply with |
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| 20 | 20 | | laws, rules, or policies regarding, as applicable: |
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| 21 | 21 | | (A) historically underutilized or minority-owned |
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| 22 | 22 | | businesses; |
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| 23 | 23 | | (B) small business development programs; and |
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| 24 | 24 | | (C) any other contracting program approved by the |
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| 25 | 25 | | entity; and |
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| 26 | 26 | | (2) the location of the principal place of business of |
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| 27 | 27 | | a provider or a group or association of providers, if the governing |
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| 28 | 28 | | body of the entity determines that the location will affect how |
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| 29 | 29 | | efficiently or economically services would be provided. |
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| 30 | 30 | | SECTION 2. Subsection (a), Section 2254.004, Government |
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| 31 | 31 | | Code, is amended to read as follows: |
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| 32 | 32 | | (a) In procuring architectural, engineering, or land |
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| 33 | 33 | | surveying services, a governmental entity shall: |
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| 34 | 34 | | (1) first select the most highly qualified provider of |
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| 35 | 35 | | those services based on the factors listed in Sections 2254.003(a) |
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| 36 | 36 | | and (b) [on the basis of demonstrated competence and |
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| 37 | 37 | | qualifications]; and |
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| 38 | 38 | | (2) then attempt to negotiate with that provider a |
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| 39 | 39 | | contract at a fair and reasonable price. |
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| 40 | 40 | | SECTION 3. The changes in law made by this Act apply only to |
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| 41 | 41 | | a contract for which an invitation for offers, request for |
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| 42 | 42 | | proposals, request for qualifications, or other similar |
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| 43 | 43 | | solicitation is first published or distributed on or after the |
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| 44 | 44 | | effective date of this Act. A contract for which an invitation for |
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| 45 | 45 | | offers, request for proposals, request for qualifications, or other |
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| 46 | 46 | | similar solicitation is first published or distributed before the |
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| 47 | 47 | | effective date of this Act is governed by the law in effect at the |
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| 48 | 48 | | time the invitation, request, or other solicitation is published or |
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| 49 | 49 | | distributed, and the former law is continued in effect for that |
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| 50 | 50 | | purpose. |
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| 51 | 51 | | SECTION 4. This Act takes effect September 1, 2011. |
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| 52 | 52 | | * * * * * |
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