| 4 | 6 | | AN ACT |
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| 5 | 7 | | relating to the procurement of certain goods and services related |
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| 6 | 8 | | to highways by the Texas Department of Transportation. |
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| 7 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 10 | | SECTION 1. Section 223.001, Transportation Code, is amended |
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| 9 | 11 | | by amending Subsection (b) and adding Subsections (c), (d), and (e) |
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| 10 | 12 | | to read as follows: |
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| 11 | 13 | | (b) Except as provided by Subsection (c) and Section |
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| 12 | 14 | | 223.042(c), the [The] department shall submit for competitive bids |
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| 13 | 15 | | each contract for: |
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| 14 | 16 | | (1) the improvement of a highway; |
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| 15 | 17 | | (2) materials to be used in the construction or |
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| 16 | 18 | | maintenance of a highway; or |
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| 17 | 19 | | (3) traffic control or safety devices to be used on a |
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| 18 | 20 | | highway. |
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| 19 | 21 | | (c) The department may award a contract described by |
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| 20 | 22 | | Subsection (b)(2) or (3) as a purchase of goods under Subtitle D, |
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| 21 | 23 | | Title 10, Government Code, except as provided by Subsection (d), if |
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| 22 | 24 | | the department: |
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| 23 | 25 | | (1) estimates that the contract will be within an |
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| 24 | 26 | | amount for which purchasing authority has been delegated to state |
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| 25 | 27 | | agencies under statute or rules adopted by the comptroller; and |
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| 26 | 28 | | (2) determines that the competitive bidding procedure |
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| 27 | 29 | | in this chapter is not practical. |
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| 28 | 30 | | (d) An award under Subsection (c) for a contract described |
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| 29 | 31 | | by Subsection (b)(2) must be made to the lowest responsive bidder. |
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| 30 | 32 | | (e) After the award of a contract described by Subsection |
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| 31 | 33 | | (c), the department shall post on the department's Internet website |
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| 32 | 34 | | the bid tabulation for that contract. |
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| 33 | 35 | | SECTION 2. Section 223.042, Transportation Code, is amended |
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| 34 | 36 | | by amending Subsection (c) and adding Subsection (c-1) to read as |
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| 35 | 37 | | follows: |
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| 36 | 38 | | (c) The department may award a contract under this section |
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| 37 | 39 | | as a purchase of service under Subtitle D, Title 10, Government |
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| 38 | 40 | | Code, if the department: |
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| 39 | 41 | | (1) estimates that the contract will be within |
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| 40 | 42 | | [involve] an amount for which [a formal solicitation process for |
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| 41 | 43 | | the purchase of services is not required under rules relating to the |
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| 42 | 44 | | delegation of] purchasing authority has been delegated to state |
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| 43 | 45 | | agencies under statute or rules adopted by the comptroller [under |
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| 44 | 46 | | Subchapter C, Chapter 2155, Government Code]; and |
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| 45 | 47 | | (2) determines that the competitive bidding procedure |
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| 46 | 48 | | in this chapter is not practical. |
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| 47 | 49 | | (c-1) After the award of a contract described by Subsection |
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| 48 | 50 | | (c), the department shall post on the department's Internet website |
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| 49 | 51 | | the bid tabulation for that contract. |
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| 50 | 52 | | SECTION 3. The change in law made by this Act applies only |
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| 51 | 53 | | to a contract for which the Texas Department of Transportation |
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| 52 | 54 | | first advertises or otherwise solicits bids, proposals, offers, or |
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| 53 | 55 | | qualifications or makes a similar solicitation on or after the |
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| 54 | 56 | | effective date of this Act. A contract for which the Texas |
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| 55 | 57 | | Department of Transportation first advertises or otherwise |
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| 56 | 58 | | solicits bids, proposals, offers, or qualifications or makes a |
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| 57 | 59 | | similar solicitation before the effective date of this Act is |
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| 58 | 60 | | governed by the law in effect on the date the advertisement or |
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| 59 | 61 | | solicitation is made, and that law is continued in effect for that |
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| 60 | 62 | | purpose. |
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| 61 | 63 | | SECTION 4. This Act takes effect immediately if it receives |
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| 62 | 64 | | a vote of two-thirds of all the members elected to each house, as |
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| 63 | 65 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 64 | 66 | | Act does not receive the vote necessary for immediate effect, this |
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| 65 | 67 | | Act takes effect September 1, 2021. |
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