H.B. No. 2704
AN ACT
relating to bids for construction contracts for certain
conservation and reclamation districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 49.273(i), Water Code, is amended to
read as follows:
(i) If changes in plans or specifications are necessary
after the performance of the contract is begun, or if it is
necessary to decrease or increase the quantity of the work to be
performed or of the materials, equipment, or supplies to be
furnished, the board may approve change orders making the changes.
The board may grant authority to an official or employee
responsible for purchasing or for administering a contract to
approve a change order that involves an increase or decrease of
$50,000 or less. The aggregate of the change orders may not
increase the original contract price by more than 25 [10]
percent. Additional change orders may be issued only as a result
of unanticipated conditions encountered during construction,
repair, or renovation or changes in regulatory criteria or to
facilitate project coordination with other political entities.
SECTION 2. Subchapter I, Chapter 49, Water Code, is amended
by adding Section 49.2731 to read as follows:
Sec. 49.2731. PROCEDURES FOR ELECTRONIC BIDS. (a) A
district may receive bids under Section 49.273 through electronic
transmission if the board of the district adopts rules to ensure the
identification, security, and confidentiality of electronic bids
and to ensure that the electronic bids remain effectively unopened
until the proper time.
(b) Notwithstanding any other provision of this chapter, an
electronic bid or proposal is required to be sealed. A provision of
this chapter that applies to a sealed bid applies to a bid received
through electronic transmission in accordance with the rules
adopted under Subsection (a).
SECTION 3. The change in law made by this Act applies only
to a contract entered into on or after the effective date of this
Act. A contract entered into before the effective date of this Act
is governed by the law in effect on the date the contract was
entered into, and the former law is continued in effect for that
purpose.
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2704 was passed by the House on May 2,
2013, by the following vote: Yeas 147, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2704 was passed by the Senate on May
22, 2013, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor