83R23721 MCK-F
By: Flynn H.B. No. 2605
Substitute the following for H.B. No. 2605:
By: Harper-Brown C.S.H.B. No. 2605
A BILL TO BE ENTITLED
AN ACT
relating to contracts for certain professional services and the
distribution of certain consultants' reports.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2254.004, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) Notwithstanding the process described by this section
to select and negotiate with providers, a governmental entity may
award multiple contracts for architectural, engineering, or land
surveying services under a single request for qualifications if:
(1) the request for qualifications:
(A) contains the terms of the contracts; and
(B) provides for the equitable distribution of
the services to be performed among the multiple contracts;
(2) the selection of providers of those services is
based on demonstrated competence and qualifications;
(3) the contracts are negotiated sequentially; and
(4) the services to be performed are distributed on an
equitable basis among the multiple contracts.
SECTION 2. Subchapter B, Chapter 2254, Government Code, is
amended by adding Section 2254.041 to read as follows:
Sec. 2254.041. DISTRIBUTION OF CONSULTANT REPORTS. (a) A
consulting services contract must include provisions that allow the
state agency contracting with the consultant and any other state
agency and the legislature, at the contracting state agency's
discretion, to distribute the consultant report, if any, and to
post the report on the agency's Internet website or the website of a
standing committee of the legislature.
(b) This section does not affect the application of Chapter
552 to a consultant's report.
SECTION 3. (a) Except as provided by Subsection (b) of
this section, Section 2254.041, Government Code, as added by this
Act, applies only to a consulting services contract entered into on
or after the effective date of this Act. A consulting services
contract entered into before the effective date of this Act is
governed by the law in effect on the date the contract is entered
into, and that law is continued in effect for that purpose.
(b) Section 2254.041, Government Code, as added by this Act,
does not apply to a consulting services contract entered into on or
after the effective date of this Act if:
(1) the state agency entered into negotiations for the
consulting services contract before the effective date of this Act;
and
(2) the contract is executed before December 31, 2013.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.