| 5 | 3 | | |
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| 6 | 4 | | |
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| 7 | 5 | | A BILL TO BE ENTITLED |
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| 8 | 6 | | AN ACT |
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| 9 | 7 | | relating to purchasing and contracting practices of coordinated |
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| 10 | 8 | | county transportation authorities. |
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| 11 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 10 | | SECTION 1. Section 460.406(c), Transportation Code, is |
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| 13 | 11 | | amended to read as follows: |
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| 14 | 12 | | (c) The board of directors may authorize the negotiation of |
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| 15 | 13 | | a contract without competitive sealed bids or proposals if: |
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| 16 | 14 | | (1) the aggregate amount involved in the contract is |
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| 17 | 15 | | less than the greater of: |
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| 18 | 16 | | (A) $50,000; or |
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| 19 | 17 | | (B) the amount of an expenditure under a contract |
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| 20 | 18 | | that would require a municipality to comply with Section |
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| 21 | 19 | | 252.021(a), Local Government Code; |
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| 22 | 20 | | (2) the contract is for construction for which not |
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| 23 | 21 | | more than one bid or proposal is received; |
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| 24 | 22 | | (3) the contract is for services or property for which |
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| 25 | 23 | | there is only one source or for which it is otherwise impracticable |
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| 26 | 24 | | to obtain competition, including: |
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| 27 | 25 | | (A) items that are available from only one source |
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| 28 | 26 | | because of patents, copyrights, secret processes, or natural |
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| 29 | 27 | | monopolies; |
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| 30 | 28 | | (B) gas, water, and other utility services; and |
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| 31 | 29 | | (C) captive replacement parts or components for |
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| 32 | 30 | | equipment; |
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| 33 | 31 | | (4) the contract is to respond to an emergency for |
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| 34 | 32 | | which the public exigency does not permit the delay incident to the |
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| 35 | 33 | | competitive process; |
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| 36 | 34 | | (5) the contract is for personal, [or] professional, |
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| 37 | 35 | | or planning services [or services for which competitive bidding is |
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| 38 | 36 | | precluded by law]; |
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| 39 | 37 | | (6) the contract, without regard to form and which may |
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| 40 | 38 | | include bonds, notes, loan agreements, or other obligations, is for |
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| 41 | 39 | | the purpose of borrowing money or is a part of a transaction |
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| 42 | 40 | | relating to the borrowing of money, including: |
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| 43 | 41 | | (A) a credit support agreement, such as a line or |
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| 44 | 42 | | letter of credit or other debt guaranty; |
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| 45 | 43 | | (B) a bond, note, debt sale or purchase, trustee, |
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| 46 | 44 | | paying agent, remarketing agent, indexing agent, or similar |
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| 47 | 45 | | agreement; |
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| 48 | 46 | | (C) an agreement with a securities dealer, |
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| 49 | 47 | | broker, or underwriter; and |
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| 50 | 48 | | (D) any other contract or agreement considered by |
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| 51 | 49 | | the board of directors to be appropriate or necessary in support of |
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| 52 | 50 | | the authority's financing activities; |
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| 53 | 51 | | (7) the contract is for work that is performed and paid |
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| 54 | 52 | | for by the day as the work progresses; |
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| 55 | 53 | | (8) the contract is for the lease or purchase of an |
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| 56 | 54 | | interest in land; |
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| 57 | 55 | | (9) the contract is for the purchase of personal |
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| 58 | 56 | | property sold: |
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| 59 | 57 | | (A) at an auction by a state licensed auctioneer; |
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| 60 | 58 | | (B) at a going out of business sale held in |
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| 61 | 59 | | compliance with Subchapter F, Chapter 17, Business & Commerce Code; |
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| 62 | 60 | | or |
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| 63 | 61 | | (C) by a political subdivision of this state, a |
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| 64 | 62 | | state agency, or an entity of the federal government; |
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| 65 | 63 | | (10) the contract is for services performed by persons |
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| 66 | 64 | | who are blind or have severe disabilities; |
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| 67 | 65 | | (11) the contract is for the purchase of electricity; |
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| 68 | 66 | | (12) the contract is one for an authority project and |
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| 69 | 67 | | awarded for alternate project delivery using the procedures, |
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| 70 | 68 | | requirements, and limitations under Subchapters E, F, G, H, and I, |
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| 71 | 69 | | Chapter 2269, Government Code; or |
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| 72 | 70 | | (13) the contract is for fare enforcement officer |
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| 73 | 71 | | services under Section 460.1092. |
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| 74 | 72 | | SECTION 2. (a) The changes in law made by this Act apply |
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| 75 | 73 | | only to a contract or construction project for which a governing |
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| 76 | 74 | | body of a coordinated county transportation authority created under |
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| 77 | 75 | | Chapter 460, Transportation Code, first advertises or otherwise |
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| 78 | 76 | | requests bids, proposals, offers, or qualifications, or makes a |
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| 79 | 77 | | similar solicitation, on or after the effective date of this Act. |
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| 80 | 78 | | (b) A contract or construction project for which a governing |
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| 81 | 79 | | body of a coordinated county transportation authority created under |
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| 82 | 80 | | Chapter 460, Transportation Code, first advertises or otherwise |
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| 83 | 81 | | requests bids, proposals, offers, or qualifications, or makes a |
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| 84 | 82 | | similar solicitation, before the effective date of this Act is |
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| 85 | 83 | | governed by the law as it existed immediately before the effective |
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| 86 | 84 | | date of this Act, and that law is continued in effect for that |
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| 87 | 85 | | purpose. |
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| 88 | 86 | | SECTION 3. This Act takes effect immediately if it receives |
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| 89 | 87 | | a vote of two-thirds of all the members elected to each house, as |
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| 90 | 88 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 91 | 89 | | Act does not receive the vote necessary for immediate effect, this |
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| 92 | 90 | | Act takes effect September 1, 2017. |
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