H.B. No. 2581
AN ACT
relating to civil works projects and other construction projects of
governmental entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2269.056(b), Government Code, is amended
to read as follows:
(b) The governmental entity shall base its selection among
offerors on applicable criteria listed for the particular method
used. The governmental entity shall publish in the request for
proposals or qualifications:
(1) the criteria that will be used to evaluate the
offerors;
(2) the applicable weighted value for each criterion;
and
(3) [for state agencies,] a detailed methodology for
scoring each criterion.
SECTION 2. Subchapter B, Chapter 2269, Government Code, is
amended by adding Section 2269.060 to read as follows:
Sec. 2269.060. DOCUMENTS RELATED TO EVALUATION AND RANKING.
(a) An offeror who submits a bid, proposal, or response to a
request for qualifications for a construction contract under this
chapter may, after the contract is awarded, make a request in
writing to the governmental entity to provide documents related to
the evaluation of the offeror's submission.
(b) Not later than the 30th day after the date a request is
made under Subsection (a), the governmental entity shall deliver to
the offeror the documents relating to the evaluation of the
submission including, if applicable, its ranking of the submission.
SECTION 3. Section 2269.153, Government Code, is amended to
read as follows:
Sec. 2269.153. PREPARATION OF REQUEST. (a) In this
section, "civil works project" has the meaning assigned by Section
2269.351.
(b) The governmental entity shall prepare a request for
competitive sealed proposals that includes construction documents,
selection criteria and the weighted value for each criterion,
estimated budget, project scope, estimated project completion
date, and other information that a contractor may require to
respond to the request.
(c) Except as provided by Subsection (d), for civil works
projects, the weighted value assigned to price must be at least 50
percent of the total weighted value of all selection criteria.
(d) If the governing body of a governmental entity
determines that assigning a lower weighted value to price is in the
public interest, the governmental entity may assign to price a
weighted value of not less than 36.9 percent of the total weighted
value of all selection criteria.
SECTION 4. Section 2269.155, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) Not later than the seventh business day after the date
the contract is awarded, the governmental entity shall make the
evaluations, including any scores, public and provide them to all
offerors.
SECTION 5. Section 2269.452(a), Government Code, is amended
to read as follows:
(a) This chapter may be enforced through an action for
declaratory or injunctive relief filed not later than the 15th
calendar [10th] day after the date on which the contract is awarded.
SECTION 6. The change in law made by this Act applies only
to a contract for which a governmental entity first advertises or
otherwise solicits bids, proposals, offers, or qualifications or
makes a similar solicitation on or after the effective date of this
Act. A contract for which a governmental entity first advertises or
otherwise solicits bids, proposals, offers, or qualifications or
makes a similar solicitation before the effective date of this Act
is governed by the law in effect on the date the advertisement or
solicitation is made, and that law is continued in effect for that
purpose.
SECTION 7. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2581 was passed by the House on May 6,
2021, by the following vote: Yeas 143, Nays 2, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2581 was passed by the Senate on May
22, 2021, by the following vote: Yeas 29, Nays 1.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor