By: Nelson S.B. No. 1179
(Simmons)
A BILL TO BE ENTITLED
AN ACT
relating to purchasing and contracting practices of coordinated
county transportation authorities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 460.406(c), Transportation Code, is
amended to read as follows:
(c) The board of directors may authorize the negotiation of
a contract without competitive sealed bids or proposals if:
(1) the aggregate amount involved in the contract is
less than the greater of:
(A) $50,000; or
(B) the amount of an expenditure under a contract
that would require a municipality to comply with Section
252.021(a), Local Government Code;
(2) the contract is for construction for which not
more than one bid or proposal is received;
(3) the contract is for services or property for which
there is only one source or for which it is otherwise impracticable
to obtain competition, including:
(A) items that are available from only one source
because of patents, copyrights, secret processes, or natural
monopolies;
(B) gas, water, and other utility services; and
(C) captive replacement parts or components for
equipment;
(4) the contract is to respond to an emergency for
which the public exigency does not permit the delay incident to the
competitive process;
(5) the contract is for personal, [or] professional,
or planning services [or services for which competitive bidding is
precluded by law];
(6) the contract, without regard to form and which may
include bonds, notes, loan agreements, or other obligations, is for
the purpose of borrowing money or is a part of a transaction
relating to the borrowing of money, including:
(A) a credit support agreement, such as a line or
letter of credit or other debt guaranty;
(B) a bond, note, debt sale or purchase, trustee,
paying agent, remarketing agent, indexing agent, or similar
agreement;
(C) an agreement with a securities dealer,
broker, or underwriter; and
(D) any other contract or agreement considered by
the board of directors to be appropriate or necessary in support of
the authority's financing activities;
(7) the contract is for work that is performed and paid
for by the day as the work progresses;
(8) the contract is for the lease or purchase of an
interest in land;
(9) the contract is for the purchase of personal
property sold:
(A) at an auction by a state licensed auctioneer;
(B) at a going out of business sale held in
compliance with Subchapter F, Chapter 17, Business & Commerce Code;
or
(C) by a political subdivision of this state, a
state agency, or an entity of the federal government;
(10) the contract is for services performed by persons
who are blind or have severe disabilities;
(11) the contract is for the purchase of electricity;
(12) the contract is one for an authority project and
awarded for alternate project delivery using the procedures,
requirements, and limitations under Subchapters E, F, G, H, and I,
Chapter 2269, Government Code; or
(13) the contract is for fare enforcement officer
services under Section 460.1092.
SECTION 2. (a) The changes in law made by this Act apply
only to a contract or construction project for which a governing
body of a coordinated county transportation authority created under
Chapter 460, Transportation Code, first advertises or otherwise
requests bids, proposals, offers, or qualifications, or makes a
similar solicitation, on or after the effective date of this Act.
(b) A contract or construction project for which a governing
body of a coordinated county transportation authority created under
Chapter 460, Transportation Code, first advertises or otherwise
requests bids, proposals, offers, or qualifications, or makes a
similar solicitation, before the effective date of this Act is
governed by the law as it existed immediately before the effective
date of this Act, and that law is continued in effect for that
purpose.
SECTION 3. 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, 2017.