Texas 2021 - 87th Regular

Texas House Bill HB3515 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~87R21045~~ SRA-F
	1	+	87R3770 SRA-F
2	2		By: Thompson of Brazoria H.B. No. 3515
3		-	Substitute the following for H.B. No. 3515:
4		-	By: Martinez C.S.H.B. No. 3515
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9		-	relating to the ~~procurement~~ of ~~certain goods and services related~~
10		-	~~to highways by the Texas Department of~~ Transportation.
	7	+	relating to certain contracts awarded by the Texas Department of
	8	+	Transportation.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 223.001, Transportation Code, is amended
13		-	by amending Subsection (b) and adding ~~Subsections~~ (c)~~, (d), and (e)~~
14		-	~~to read as~~ follows:
	11	+	by amending Subsection (b) and adding Subsection (c) to read as
	12	+	follows:
15	13		(b) Except as provided by Subsection (c) and Section
16	14		223.042(c), the [The] department shall submit for competitive bids
17	15		each contract for:
18	16		(1) the improvement of a highway;
19	17		(2) materials to be used in the construction or
20	18		maintenance of a highway; or
21	19		(3) traffic control or safety devices to be used on a
22	20		highway.
23	21		(c) The department may award a contract described by
24	22		Subsection (b)(2) or (3) as a purchase of goods under Subtitle D,
25		-	Title 10, Government Code, ~~except as provided by Subsection (d), if~~
26		-	the ~~department:~~
27		-	~~(1) estimates that~~ the ~~contract will be within an~~
28		-	~~amount for which purchasing authority has been delegated~~ to state
29		-	~~agencies~~ under ~~statute or rules adopted by the comptroller~~; and
	23	+	Title 10, Government Code, if the department:
	24	+	(1) estimates that the contract will involve an amount
	25	+	for which the comptroller has delegated purchasing authority for
	26	+	the purchase of goods to state agencies under rules adopted by the
	27	+	comptroller under Subchapter C, Chapter 2155, Government Code; and
30	28		(2) determines that the competitive bidding procedure
31	29		in this chapter is not practical.
32		-	(d) An award under Subsection (c) for a contract described
33		-	by Subsection (b)(2) must be made to the lowest responsive bidder.
34		-	(e) After the award of a contract described by Subsection
35		-	(c), the department shall post on the department's Internet website
36		-	the bid tabulation for that contract.
37		-	SECTION 2. Section 223.042, Transportation Code, is amended
38		-	by amending Subsection (c) and adding Subsection (c-1) to read as
39		-	follows:
	30	+	SECTION 2. Section 223.042(c), Transportation Code, is
	31	+	amended to read as follows:
40	32		(c) The department may award a contract under this section
41	33		as a purchase of service under Subtitle D, Title 10, Government
42	34		Code, if the department:
43		-	(1) estimates that the contract will ~~be within~~
44		-	~~[involve] an amount~~ for which [a formal solicitation ~~process for~~
45		-	the purchase of services is not required under rules ~~relating to the~~
46		-	delegation of] purchasing authority ~~has been delegated to state~~
47		-	agencies under ~~statute or~~ rules adopted by the ~~comptroller [under~~
48		-	Subchapter C, Chapter 2155, Government Code]; and
	35	+	(1) estimates that the contract will involve an amount
	36	+	for which the comptroller has delegated [a formal solicitation
	37	+	process for the purchase of services is not required under rules
	38	+	relating to the delegation of] purchasing authority for the
	39	+	purchase of services to state agencies under rules adopted by the
	40	+	comptroller under Subchapter C, Chapter 2155, Government Code; and
49	41		(2) determines that the competitive bidding procedure
50	42		in this chapter is not practical.
51		-	(c-1) After the award of a contract described by Subsection
52		-	(c), the department shall post on the department's Internet website
53		-	the bid tabulation for that contract.
54	43		SECTION 3. The change in law made by this Act applies only
55	44		to a contract for which the Texas Department of Transportation
56	45		first advertises or otherwise solicits bids, proposals, offers, or
57	46		qualifications or makes a similar solicitation on or after the
58	47		effective date of this Act. A contract for which the Texas
59	48		Department of Transportation first advertises or otherwise
60	49		solicits bids, proposals, offers, or qualifications or makes a
61	50		similar solicitation before the effective date of this Act is
62	51		governed by the law in effect on the date the advertisement or
63	52		solicitation is made, and that law is continued in effect for that
64	53		purpose.
65	54		SECTION 4. This Act takes effect immediately if it receives
66	55		a vote of two-thirds of all the members elected to each house, as
67	56		provided by Section 39, Article III, Texas Constitution. If this
68	57		Act does not receive the vote necessary for immediate effect, this
69	58		Act takes effect September 1, 2021.