S.B. No. 1270
AN ACT
relating to the procurement of certain goods and services related
to highways 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 Subsections (c), (d), and (e)
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, except as provided by Subsection (d), if
the department:
(1) estimates that the contract will be within an
amount for which purchasing authority has been delegated to state
agencies under statute or rules adopted by the comptroller; and
(2) determines that the competitive bidding procedure
in this chapter is not practical.
(d) An award under Subsection (c) for a contract described
by Subsection (b)(2) must be made to the lowest responsive bidder.
(e) After the award of a contract described by Subsection
(c), the department shall post on the department's Internet website
the bid tabulation for that contract.
SECTION 2. Section 223.042, Transportation Code, is amended
by amending Subsection (c) and adding Subsection (c-1) 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 be within
[involve] an amount for which [a formal solicitation process for
the purchase of services is not required under rules relating to the
delegation of] purchasing authority has been delegated to state
agencies under statute or 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.
(c-1) After the award of a contract described by Subsection
(c), the department shall post on the department's Internet website
the bid tabulation for that contract.
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1270 passed the Senate on
April 29, 2021, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1270 passed the House on
May 24, 2021, by the following vote: Yeas 144, Nays 2, one
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor