| 1 | 1 | | By: Callegari (Senate Sponsor - Hegar) H.B. No. 2704 |
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| 2 | 2 | | (In the Senate - Received from the House May 6, 2013; |
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| 3 | 3 | | May 7, 2013, read first time and referred to Committee on Natural |
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| 4 | 4 | | Resources; May 15, 2013, reported favorably by the following vote: |
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| 5 | 5 | | Yeas 11, Nays 0; May 15, 2013, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to bids for construction contracts for certain |
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| 11 | 11 | | conservation and reclamation districts. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 49.273(i), Water Code, is amended to |
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| 14 | 14 | | read as follows: |
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| 15 | 15 | | (i) If changes in plans or specifications are necessary |
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| 16 | 16 | | after the performance of the contract is begun, or if it is |
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| 17 | 17 | | necessary to decrease or increase the quantity of the work to be |
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| 18 | 18 | | performed or of the materials, equipment, or supplies to be |
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| 19 | 19 | | furnished, the board may approve change orders making the changes. |
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| 20 | 20 | | The board may grant authority to an official or employee |
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| 21 | 21 | | responsible for purchasing or for administering a contract to |
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| 22 | 22 | | approve a change order that involves an increase or decrease of |
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| 23 | 23 | | $50,000 or less. The aggregate of the change orders may not |
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| 24 | 24 | | increase the original contract price by more than 25 [10] |
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| 25 | 25 | | percent. Additional change orders may be issued only as a result |
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| 26 | 26 | | of unanticipated conditions encountered during construction, |
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| 27 | 27 | | repair, or renovation or changes in regulatory criteria or to |
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| 28 | 28 | | facilitate project coordination with other political entities. |
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| 29 | 29 | | SECTION 2. Subchapter I, Chapter 49, Water Code, is amended |
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| 30 | 30 | | by adding Section 49.2731 to read as follows: |
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| 31 | 31 | | Sec. 49.2731. PROCEDURES FOR ELECTRONIC BIDS. (a) A |
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| 32 | 32 | | district may receive bids under Section 49.273 through electronic |
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| 33 | 33 | | transmission if the board of the district adopts rules to ensure the |
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| 34 | 34 | | identification, security, and confidentiality of electronic bids |
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| 35 | 35 | | and to ensure that the electronic bids remain effectively unopened |
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| 36 | 36 | | until the proper time. |
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| 37 | 37 | | (b) Notwithstanding any other provision of this chapter, an |
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| 38 | 38 | | electronic bid or proposal is required to be sealed. A provision of |
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| 39 | 39 | | this chapter that applies to a sealed bid applies to a bid received |
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| 40 | 40 | | through electronic transmission in accordance with the rules |
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| 41 | 41 | | adopted under Subsection (a). |
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| 42 | 42 | | SECTION 3. The change in law made by this Act applies only |
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| 43 | 43 | | to a contract entered into on or after the effective date of this |
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| 44 | 44 | | Act. A contract entered into before the effective date of this Act |
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| 45 | 45 | | is governed by the law in effect on the date the contract was |
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| 46 | 46 | | entered into, and the former law is continued in effect for that |
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| 47 | 47 | | purpose. |
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| 48 | 48 | | SECTION 4. This Act takes effect immediately if it receives |
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| 49 | 49 | | a vote of two-thirds of all the members elected to each house, as |
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| 50 | 50 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 51 | 51 | | Act does not receive the vote necessary for immediate effect, this |
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| 52 | 52 | | Act takes effect September 1, 2013. |
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| 53 | 53 | | * * * * * |
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