Texas 2021 - 87th Regular

Texas House Bill HB2581 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2581
	1	+	By: Kacal (Senate Sponsor - Hancock) H.B. No. 2581
	2	+	(In the Senate - Received from the House May 10, 2021;
	3	+	May 11, 2021, read first time and referred to Committee on Business &
	4	+	Commerce; May 20, 2021, reported favorably by the following vote:
	5	+	Yeas 9, Nays 0; May 20, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to civil works projects and other construction projects of
6	12		governmental entities.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. Section 2269.056(b), Government Code, is amended
9	15		to read as follows:
10	16		(b) The governmental entity shall base its selection among
11	17		offerors on applicable criteria listed for the particular method
12	18		used. The governmental entity shall publish in the request for
13	19		proposals or qualifications:
14	20		(1) the criteria that will be used to evaluate the
15	21		offerors;
16	22		(2) the applicable weighted value for each criterion;
17	23		and
18	24		(3) [for state agencies,] a detailed methodology for
19	25		scoring each criterion.
20	26		SECTION 2. Subchapter B, Chapter 2269, Government Code, is
21	27		amended by adding Section 2269.060 to read as follows:
22	28		Sec. 2269.060. DOCUMENTS RELATED TO EVALUATION AND RANKING.
23	29		(a) An offeror who submits a bid, proposal, or response to a
24	30		request for qualifications for a construction contract under this
25	31		chapter may, after the contract is awarded, make a request in
26	32		writing to the governmental entity to provide documents related to
27	33		the evaluation of the offeror's submission.
28	34		(b) Not later than the 30th day after the date a request is
29	35		made under Subsection (a), the governmental entity shall deliver to
30	36		the offeror the documents relating to the evaluation of the
31	37		submission including, if applicable, its ranking of the submission.
32	38		SECTION 3. Section 2269.153, Government Code, is amended to
33	39		read as follows:
34	40		Sec. 2269.153. PREPARATION OF REQUEST. (a) In this
35	41		section, "civil works project" has the meaning assigned by Section
36	42		2269.351.
37	43		(b) The governmental entity shall prepare a request for
38	44		competitive sealed proposals that includes construction documents,
39	45		selection criteria and the weighted value for each criterion,
40	46		estimated budget, project scope, estimated project completion
41	47		date, and other information that a contractor may require to
42	48		respond to the request.
43	49		(c) Except as provided by Subsection (d), for civil works
44	50		projects, the weighted value assigned to price must be at least 50
45	51		percent of the total weighted value of all selection criteria.
46	52		(d) If the governing body of a governmental entity
47	53		determines that assigning a lower weighted value to price is in the
48	54		public interest, the governmental entity may assign to price a
49	55		weighted value of not less than 36.9 percent of the total weighted
50	56		value of all selection criteria.
51	57		SECTION 4. Section 2269.155, Government Code, is amended by
52	58		adding Subsection (d) to read as follows:
53	59		(d) Not later than the seventh business day after the date
54	60		the contract is awarded, the governmental entity shall make the
55	61		evaluations, including any scores, public and provide them to all
56	62		offerors.
57	63		SECTION 5. Section 2269.452(a), Government Code, is amended
58	64		to read as follows:
59	65		(a) This chapter may be enforced through an action for
60	66		declaratory or injunctive relief filed not later than the 15th
61	67		calendar [10th] day after the date on which the contract is awarded.
62	68		SECTION 6. The change in law made by this Act applies only
63	69		to a contract for which a governmental entity first advertises or
64	70		otherwise solicits bids, proposals, offers, or qualifications or
65	71		makes a similar solicitation on or after the effective date of this
66	72		Act. A contract for which a governmental entity first advertises or
67	73		otherwise solicits bids, proposals, offers, or qualifications or
68	74		makes a similar solicitation before the effective date of this Act
69	75		is governed by the law in effect on the date the advertisement or
70	76		solicitation is made, and that law is continued in effect for that
71	77		purpose.
72	78		SECTION 7. This Act takes effect September 1, 2021.
73		-	______________________________ ______________________________
74		-	President of the Senate Speaker of the House
75		-	I certify that H.B. No. 2581 was passed by the House on May 6,
76		-	2021, by the following vote: Yeas 143, Nays 2, 1 present, not
77		-	voting.
78		-	______________________________
79		-	Chief Clerk of the House
80		-	I certify that H.B. No. 2581 was passed by the Senate on May
81		-	22, 2021, by the following vote: Yeas 29, Nays 1.
82		-	______________________________
83		-	Secretary of the Senate
84		-	APPROVED: _____________________
85		-	Date
86		-	_____________________
87		-	Governor
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