| 1 | 1 | | 83R23721 MCK-F |
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| 2 | 2 | | By: Flynn H.B. No. 2605 |
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| 3 | 3 | | Substitute the following for H.B. No. 2605: |
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| 4 | 4 | | By: Harper-Brown C.S.H.B. No. 2605 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to contracts for certain professional services and the |
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| 10 | 10 | | distribution of certain consultants' reports. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 2254.004, Government Code, is amended by |
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| 13 | 13 | | adding Subsection (d) to read as follows: |
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| 14 | 14 | | (d) Notwithstanding the process described by this section |
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| 15 | 15 | | to select and negotiate with providers, a governmental entity may |
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| 16 | 16 | | award multiple contracts for architectural, engineering, or land |
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| 17 | 17 | | surveying services under a single request for qualifications if: |
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| 18 | 18 | | (1) the request for qualifications: |
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| 19 | 19 | | (A) contains the terms of the contracts; and |
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| 20 | 20 | | (B) provides for the equitable distribution of |
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| 21 | 21 | | the services to be performed among the multiple contracts; |
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| 22 | 22 | | (2) the selection of providers of those services is |
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| 23 | 23 | | based on demonstrated competence and qualifications; |
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| 24 | 24 | | (3) the contracts are negotiated sequentially; and |
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| 25 | 25 | | (4) the services to be performed are distributed on an |
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| 26 | 26 | | equitable basis among the multiple contracts. |
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| 27 | 27 | | SECTION 2. Subchapter B, Chapter 2254, Government Code, is |
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| 28 | 28 | | amended by adding Section 2254.041 to read as follows: |
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| 29 | 29 | | Sec. 2254.041. DISTRIBUTION OF CONSULTANT REPORTS. (a) A |
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| 30 | 30 | | consulting services contract must include provisions that allow the |
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| 31 | 31 | | state agency contracting with the consultant and any other state |
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| 32 | 32 | | agency and the legislature, at the contracting state agency's |
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| 33 | 33 | | discretion, to distribute the consultant report, if any, and to |
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| 34 | 34 | | post the report on the agency's Internet website or the website of a |
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| 35 | 35 | | standing committee of the legislature. |
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| 36 | 36 | | (b) This section does not affect the application of Chapter |
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| 37 | 37 | | 552 to a consultant's report. |
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| 38 | 38 | | SECTION 3. (a) Except as provided by Subsection (b) of |
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| 39 | 39 | | this section, Section 2254.041, Government Code, as added by this |
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| 40 | 40 | | Act, applies only to a consulting services contract entered into on |
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| 41 | 41 | | or after the effective date of this Act. A consulting services |
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| 42 | 42 | | contract entered into before the effective date of this Act is |
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| 43 | 43 | | governed by the law in effect on the date the contract is entered |
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| 44 | 44 | | into, and that law is continued in effect for that purpose. |
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| 45 | 45 | | (b) Section 2254.041, Government Code, as added by this Act, |
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| 46 | 46 | | does not apply to a consulting services contract entered into on or |
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| 47 | 47 | | after the effective date of this Act if: |
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| 48 | 48 | | (1) the state agency entered into negotiations for the |
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| 49 | 49 | | consulting services contract before the effective date of this Act; |
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| 50 | 50 | | and |
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| 51 | 51 | | (2) the contract is executed before December 31, 2013. |
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| 52 | 52 | | SECTION 4. This Act takes effect immediately if it receives |
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| 53 | 53 | | a vote of two-thirds of all the members elected to each house, as |
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| 54 | 54 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 55 | 55 | | Act does not receive the vote necessary for immediate effect, this |
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| 56 | 56 | | Act takes effect September 1, 2013. |
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