83R24711 MCK-F
By: Carona S.B. No. 176
(Flynn)
Substitute the following for S.B. No. 176: No.
A BILL TO BE ENTITLED
AN ACT
relating to contracts for certain professional services and the
distribution of certain consultants' reports.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2254.004, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) This section does not prohibit an entity from making
multiple awards under a request for qualifications, provided that
the terms and conditions are noted in the request for
qualifications, the selection of providers is based on demonstrated
competence and qualifications, the contracts are negotiated
sequentially, and the work is distributed on an equitable basis as
set out in the request for qualifications.
SECTION 2. Subchapter B, Chapter 2254, Government Code, is
amended by adding Section 2254.041 to read as follows:
Sec. 2254.041. DISTRIBUTION OF CONSULTANT REPORTS. (a) A
consulting services contract must include provisions that allow the
state agency contracting with the consultant and any other state
agency and the legislature, at the contracting state agency's
discretion, to distribute the consultant report, if any, and to
post the report on the agency's Internet website or the website of a
standing committee of the legislature.
(b) This section does not affect the application of Chapter
552 to a consultant's report.
SECTION 3. (a) Except as provided by Subsection (b) of
this section, Section 2254.041, Government Code, as added by this
Act, applies only to a consulting services contract entered into on
or after the effective date of this Act. A consulting services
contract entered into before the effective date of this Act is
governed by the law in effect on the date the contract is entered
into, and that law is continued in effect for that purpose.
(b) Section 2254.041, Government Code, as added by this Act,
does not apply to a consulting services contract entered into on or
after the effective date of this Act if:
(1) the state agency entered into negotiations for the
consulting services contract before the effective date of this Act;
and
(2) the contract is executed before December 31, 2013.
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.