By: Harper-Brown H.B. No. 3648
A BILL TO BE ENTITLED
AN ACT
relating to the awarding of governmental contracts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 2155, Government Code, is
amended by adding Section 2155.088 to read as follows:
Sec. 2155.088. MATERIAL CHANGES TO CONTRACT SOLICITATION
TERMS. (a) Notwithstanding any other law, the performance of a
contract for goods or services awarded under this chapter must
substantially comply with the terms contained in the written
solicitation for the contract and the terms considered in
evaluating responses to the solicitation, including terms
regarding cost of materials or labor, duration, price, schedule,
and scope.
(b) After the evaluation of responses to a solicitation is
completed but before a contract for goods or services is awarded
under this chapter, the governing body of a state agency, if
applicable, must hold a meeting to consider any proposed material
change to a term described by Subsection (a) before the agency
approves the change. For purposes of this section, a material
change includes any change to a term described by Subsection (a)
that has the effect of:
(1) extending the length of or postponing the
completion of the contract for six months or more; or
(2) increasing the total consideration to be paid
under the contract by at least 10 percent, including by
substituting certain goods, materials, products, or services.
SECTION 2. Section 2252.002, Government Code, is amended to
read as follows:
Sec. 2252.002. AWARD OF CONTRACT TO NONRESIDENT BIDDER. A
governmental entity may not award a governmental contract to a
nonresident bidder unless the nonresident underbids the lowest bid
submitted by a responsible resident bidder by an amount that is not
less than the amount by which a resident bidder would be required to
underbid the nonresident bidder to obtain a comparable contract in:
(1) the state in which the nonresident's principal
place of business is located; or
(2) a state in which the nonresident is a resident
manufacturer.
SECTION 3. Section 2155.088, Government Code, as added by
this Act, applies only to a contract for which a state agency first
advertises or otherwise solicits bids, proposals, offers, or
qualifications or makes a similar solicitation on or after the
effective date of this Act.
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.