| 1 | 1 | | 83R26543 AJZ-F |
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| 2 | 2 | | By: Davis S.B. No. 1294 |
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| 3 | 3 | | (Guerra) |
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| 4 | 4 | | Substitute the following for S.B. No. 1294: No. |
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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 the awarding of contracts by the Texas Department of |
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| 10 | 10 | | Transportation to private sector providers. |
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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. Subchapter B, Chapter 223, Transportation Code, |
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| 13 | 13 | | is amended by adding Section 223.050 to read as follows: |
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| 14 | 14 | | Sec. 223.050. PREFERENCE FOR CERTAIN PROVIDERS. (a) |
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| 15 | 15 | | Except as provided by Subsection (d), in awarding a contract to a |
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| 16 | 16 | | private sector provider, the department shall give preference to a |
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| 17 | 17 | | private sector provider if: |
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| 18 | 18 | | (1) the preference serves to create a positive |
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| 19 | 19 | | economic impact on job growth and job retention in this state; |
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| 20 | 20 | | (2) the transportation project for which the contract |
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| 21 | 21 | | is being awarded is funded entirely from: |
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| 22 | 22 | | (A) state funds; |
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| 23 | 23 | | (B) local funds; or |
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| 24 | 24 | | (C) a combination of state and local funds; and |
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| 25 | 25 | | (3) the amount of the bid or proposal of the provider |
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| 26 | 26 | | does not exceed an amount equal to 105 percent of the lowest bid or |
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| 27 | 27 | | proposal received by the department for the transportation project. |
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| 28 | 28 | | (b) The department, in determining whether the preference |
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| 29 | 29 | | under Subsection (a) serves to create a positive economic impact on |
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| 30 | 30 | | job growth and job retention in this state, may consider a private |
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| 31 | 31 | | sector provider's employment presence and business establishments |
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| 32 | 32 | | in this state. |
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| 33 | 33 | | (c) This section does not apply to the procurement of |
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| 34 | 34 | | professional services under Subchapter A, Chapter 2254, Government |
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| 35 | 35 | | Code. |
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| 36 | 36 | | (d) The department must give equal preference to a private |
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| 37 | 37 | | sector provider under Subsection (a) and a private sector provider |
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| 38 | 38 | | whose principal place of business is located in a state that: |
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| 39 | 39 | | (1) borders this state; and |
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| 40 | 40 | | (2) does not award preferential treatment to private |
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| 41 | 41 | | sector providers in a manner similar to this section. |
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| 42 | 42 | | SECTION 2. This Act takes effect immediately if it receives |
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| 43 | 43 | | a vote of two-thirds of all the members elected to each house, as |
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| 44 | 44 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 45 | 45 | | Act does not receive the vote necessary for immediate effect, this |
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| 46 | 46 | | Act takes effect September 1, 2013. |
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