87R3770 SRA-F
By: Seliger S.B. No. 1270
A BILL TO BE ENTITLED
AN ACT
relating to certain contracts awarded by the Texas Department of
Transportation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 223.001, Transportation Code, is amended
by amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) Except as provided by Subsection (c) and Section
223.042(c), the [The] department shall submit for competitive bids
each contract for:
(1) the improvement of a highway;
(2) materials to be used in the construction or
maintenance of a highway; or
(3) traffic control or safety devices to be used on a
highway.
(c) The department may award a contract described by
Subsection (b)(2) or (3) as a purchase of goods under Subtitle D,
Title 10, Government Code, if the department:
(1) estimates that the contract will involve an amount
for which the comptroller has delegated purchasing authority for
the purchase of goods to state agencies under rules adopted by the
comptroller under Subchapter C, Chapter 2155, Government Code; and
(2) determines that the competitive bidding procedure
in this chapter is not practical.
SECTION 2. Section 223.042(c), Transportation Code, is
amended to read as follows:
(c) The department may award a contract under this section
as a purchase of service under Subtitle D, Title 10, Government
Code, if the department:
(1) estimates that the contract will involve an amount
for which the comptroller has delegated [a formal solicitation
process for the purchase of services is not required under rules
relating to the delegation of] purchasing authority for the
purchase of services to state agencies under rules adopted by the
comptroller under Subchapter C, Chapter 2155, Government Code; and
(2) determines that the competitive bidding procedure
in this chapter is not practical.
SECTION 3. The change in law made by this Act applies only
to a contract for which the Texas Department of Transportation
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 the Texas
Department of Transportation 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 4. 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, 2021.