By: Davis S.B. No. 1866
(In the Senate - Filed March 11, 2011; March 24, 2011, read
first time and referred to Committee on State Affairs; May 5, 2011,
reported adversely, with favorable Committee Substitute by the
following vote: Yeas 7, Nays 1; May 5, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1866 By: Duncan
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; and
(2) the location of the principal place of business of
a provider or a group or association of providers, if the governing
body of the entity determines that the location will affect how
efficiently or economically services would be provided.
SECTION 2. Subsection (a), Section 2254.004, Government
Code, is amended to read as follows:
(a) In procuring architectural, engineering, or land
surveying services, a governmental entity shall:
(1) first select the most highly qualified provider of
those services based on the factors listed in Sections 2254.003(a)
and (b) [on the basis of demonstrated competence and
qualifications]; and
(2) then attempt to negotiate with that provider a
contract at a fair and reasonable price.
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.
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