| 1 | 1 | | 86R6108 AAF-D |
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| 2 | 2 | | By: Bonnen of Galveston H.B. No. 2337 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the development of a contract template and contracting |
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| 8 | 8 | | guidance for debris removal and monitoring contracts of political |
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| 9 | 9 | | subdivisions. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter C, Chapter 418, Government Code, is |
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| 12 | 12 | | amended by adding Section 418.054 to read as follows: |
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| 13 | 13 | | Sec. 418.054. DEBRIS CONTRACT GUIDANCE FOR POLITICAL |
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| 14 | 14 | | SUBDIVISIONS. (a) In this section, "Hurricane Harvey" means the |
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| 15 | 15 | | hurricane of that name that struck the southeastern region of this |
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| 16 | 16 | | state in 2017. |
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| 17 | 17 | | (b) The division, in consultation with political |
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| 18 | 18 | | subdivisions and the Federal Emergency Management Agency, shall |
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| 19 | 19 | | identify common issues that occurred after Hurricane Harvey with |
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| 20 | 20 | | debris removal and monitoring contracts. |
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| 21 | 21 | | (c) The division, in coordination with the comptroller, |
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| 22 | 22 | | shall develop contracting standards and requirements for contracts |
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| 23 | 23 | | used by political subdivisions when contracting for long-term and |
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| 24 | 24 | | exigent debris removal and monitoring. The contracting standards |
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| 25 | 25 | | and requirements must: |
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| 26 | 26 | | (1) address the contracting issues identified under |
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| 27 | 27 | | Subsection (b); |
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| 28 | 28 | | (2) include provisions relating to the manner in which |
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| 29 | 29 | | debris is removed, including requiring a contractor to make |
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| 30 | 30 | | multiple passes to remove debris; |
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| 31 | 31 | | (3) include provisions relating to requirements for |
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| 32 | 32 | | contractors providing debris removal and monitoring services, such |
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| 33 | 33 | | as requiring the contractor to: |
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| 34 | 34 | | (A) have certain expertise; |
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| 35 | 35 | | (B) be based in a certain location; and |
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| 36 | 36 | | (C) have a certain number of employees and |
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| 37 | 37 | | vehicles in the contractor's fleet; |
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| 38 | 38 | | (4) include provisions that enhance the ability of |
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| 39 | 39 | | political subdivisions to monitor contract compliance; and |
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| 40 | 40 | | (5) include bonding requirements and penalties for |
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| 41 | 41 | | failure to perform the contract. |
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| 42 | 42 | | (d) The division shall develop: |
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| 43 | 43 | | (1) a contract template incorporating the contracting |
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| 44 | 44 | | standards and requirements developed under Subsection (c); and |
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| 45 | 45 | | (2) contracting guidance that provides political |
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| 46 | 46 | | subdivisions with an overview of federal contracting standards and |
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| 47 | 47 | | requirements. |
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| 48 | 48 | | (e) The division shall annually: |
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| 49 | 49 | | (1) review federal statutory and regulatory changes to |
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| 50 | 50 | | procedures regarding contracting; and |
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| 51 | 51 | | (2) update the contract template and contracting |
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| 52 | 52 | | guidance developed under Subsection (d) to reflect any changes. |
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| 53 | 53 | | (f) The division shall distribute an updated contract |
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| 54 | 54 | | template or updated contracting guidance to political subdivisions |
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| 55 | 55 | | as soon as practicable. |
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| 56 | 56 | | SECTION 2. This Act takes effect September 1, 2019. |
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