88R17668 LRM-F
By: Thompson of Brazoria H.B. No. 2738
Substitute the following for H.B. No. 2738:
By: Burns C.S.H.B. No. 2738
A BILL TO BE ENTITLED
AN ACT
relating to certain indefinite quantity contracts entered into by
the General Land Office in the event of a natural disaster.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 31.069, Natural Resources Code, is
amended by amending Subsections (a), (b), (c), and (h) and adding
Subsections (i), (j), (k), and (l) to read as follows:
(a) The land office shall enter into indefinite quantity
contracts with vendors to provide [information management
services, construction services, including engineering services,
and other] services the land office determines may be necessary to
construct, repair, or rebuild property or infrastructure in the
event of a natural disaster.
(b) [A contract entered into under Subsection (a) may not
expire after May 1 of a calendar year.] The terms of a contract
under Subsection (a) must[:
[(1)] provide that the contract is contingent on:
(1) [(A)] the availability of funds;
(2) [(B)] the occurrence of a natural disaster within
the term [not later than 48 months after the effective date] of the
contract; and
(3) [(C)] delivery of the services to an area of this
state declared by the governor or president of the United States
under law to be a disaster area as a result of the natural
disaster[; and
[(2) have a term of four years].
(c) The land office shall ensure that it has contracts in
place under this section with vendors to provide [the] services
[described by Subsection (a)] that take effect immediately on the
expiration of a contract under this section.
(h) Notwithstanding any other provision of this section,
the [The] land office shall follow the procedures provided by
Section 2254.004, Government Code, in contracting for engineering
services under this section.
(i) The land office may award a contract under this section
to one or more vendors:
(1) on the basis of demonstrated competence and
qualifications to perform the services for which the land office
issues a request for qualifications; or
(2) using any other applicable state procurement
method.
(j) A contract under this section may include:
(1) a unit price book;
(2) a list of pre-priced work items; or
(3) another schedule identifying agreed prices for
services.
(k) A contract under this section that does not include the
items listed in Subsection (j) must require a vendor to submit a
price proposal for services on request by the land office.
(l) The land office shall issue task, work, or purchase
orders for services under a contract entered into under this
section to the vendor that provides the best value to the land
office using the standard provided by Section 2155.074, Government
Code.
SECTION 2. The change in law made by this Act applies only
to a contract for which the General Land Office 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 General Land Office 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 3. This Act takes effect September 1, 2023.