By: Harper-Brown (Senate Sponsor - Paxton) H.B. No. 3648
(In the Senate - Received from the House May 10, 2013;
May 10, 2013, read first time and referred to Committee on
Government Organization; May 17, 2013, reported adversely, with
favorable Committee Substitute by the following vote:
Yeas 5, Nays 0; May 17, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 3648 By: Schwertner
A BILL TO BE ENTITLED
AN ACT
relating to the award and performance of certain state 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 CONTRACTS. (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 awarding the contract,
including terms regarding cost of materials or labor, duration,
price, schedule, and scope.
(b) After 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 a material change to the contract
and why that change is necessary. For purposes of this section, a
material change includes:
(1) extending the length of or postponing the
completion of a contract for six months or more; or
(2) increasing the total consideration to be paid
under a 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 greater of the following:
(1) the amount by which a resident bidder would be
required to underbid the nonresident bidder to obtain a comparable
contract in the state in which the nonresident's principal place of
business is located; or
(2) the amount by which a resident bidder would be
required to underbid the nonresident bidder to obtain a comparable
contract in the state in which a majority of the manufacturing
relating to the contract will be performed.
SECTION 3. (a) Section 2155.088, Government Code, as added
by this Act, applies only to a contract for goods or services
awarded under Chapter 2155, Government Code, on or after the
effective date of this Act.
(b) Section 2252.002, Government Code, as amended by this
Act, applies only to the award of a governmental contract to a
nonresident bidder on or after the effective date of this Act. The
award of a governmental contract to a nonresident bidder made
before the effective date of this Act is governed by the law in
effect at the time the contract was awarded, 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.
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