| 1 | 1 | | H.B. No. 2738 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to certain indefinite quantity contracts entered into by |
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| 6 | 6 | | the General Land Office in the event of a natural disaster. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 31.069, Natural Resources Code, is |
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| 9 | 9 | | amended by amending Subsections (a), (b), (c), and (h) and adding |
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| 10 | 10 | | Subsections (i), (j), (k), and (l) to read as follows: |
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| 11 | 11 | | (a) The land office shall enter into indefinite quantity |
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| 12 | 12 | | contracts with vendors to provide [information management |
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| 13 | 13 | | services, construction services, including engineering services, |
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| 14 | 14 | | and other] services the land office determines may be necessary to |
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| 15 | 15 | | construct, repair, or rebuild property or infrastructure in the |
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| 16 | 16 | | event of a natural disaster. |
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| 17 | 17 | | (b) [A contract entered into under Subsection (a) may not |
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| 18 | 18 | | expire after May 1 of a calendar year.] The terms of a contract |
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| 19 | 19 | | under Subsection (a) must[: |
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| 20 | 20 | | [(1)] provide that the contract is contingent on: |
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| 21 | 21 | | (1) [(A)] the availability of funds; |
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| 22 | 22 | | (2) [(B)] the occurrence of a natural disaster within |
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| 23 | 23 | | the term [not later than 48 months after the effective date] of the |
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| 24 | 24 | | contract; and |
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| 25 | 25 | | (3) [(C)] delivery of the services to an area of this |
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| 26 | 26 | | state declared by the governor or president of the United States |
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| 27 | 27 | | under law to be a disaster area as a result of the natural |
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| 28 | 28 | | disaster[; and |
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| 29 | 29 | | [(2) have a term of four years]. |
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| 30 | 30 | | (c) The land office shall ensure that it has contracts in |
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| 31 | 31 | | place under this section with vendors to provide [the] services |
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| 32 | 32 | | [described by Subsection (a)] that take effect immediately on the |
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| 33 | 33 | | expiration of a contract under this section. |
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| 34 | 34 | | (h) Notwithstanding any other provision of this section, |
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| 35 | 35 | | the [The] land office shall follow the procedures provided by |
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| 36 | 36 | | Section 2254.004, Government Code, in contracting for engineering |
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| 37 | 37 | | services under this section. |
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| 38 | 38 | | (i) The land office may award a contract under this section |
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| 39 | 39 | | to one or more vendors: |
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| 40 | 40 | | (1) on the basis of demonstrated competence and |
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| 41 | 41 | | qualifications to perform the services for which the land office |
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| 42 | 42 | | issues a request for qualifications; or |
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| 43 | 43 | | (2) using any other applicable state procurement |
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| 44 | 44 | | method. |
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| 45 | 45 | | (j) A contract under this section may include: |
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| 46 | 46 | | (1) a unit price book; |
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| 47 | 47 | | (2) a list of pre-priced work items; or |
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| 48 | 48 | | (3) another schedule identifying agreed prices for |
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| 49 | 49 | | services. |
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| 50 | 50 | | (k) A contract under this section that does not include the |
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| 51 | 51 | | items listed in Subsection (j) must require a vendor to submit a |
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| 52 | 52 | | price proposal for services on request by the land office. |
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| 53 | 53 | | (l) The land office shall issue task, work, or purchase |
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| 54 | 54 | | orders for services under a contract entered into under this |
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| 55 | 55 | | section to the vendor that provides the best value to the land |
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| 56 | 56 | | office using the standard provided by Section 2155.074, Government |
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| 57 | 57 | | Code. |
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| 58 | 58 | | SECTION 2. The change in law made by this Act applies only |
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| 59 | 59 | | to a contract for which the General Land Office first advertises or |
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| 60 | 60 | | otherwise solicits bids, proposals, offers, or qualifications or |
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| 61 | 61 | | makes a similar solicitation on or after the effective date of this |
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| 62 | 62 | | Act. A contract for which the General Land Office first advertises |
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| 63 | 63 | | or otherwise solicits bids, proposals, offers, or qualifications or |
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| 64 | 64 | | makes a similar solicitation before the effective date of this Act |
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| 65 | 65 | | is governed by the law in effect on the date the advertisement or |
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| 66 | 66 | | solicitation is made, and that law is continued in effect for that |
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| 67 | 67 | | purpose. |
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| 68 | 68 | | SECTION 3. This Act takes effect September 1, 2023. |
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| 69 | 69 | | ______________________________ ______________________________ |
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| 70 | 70 | | President of the Senate Speaker of the House |
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| 71 | 71 | | I certify that H.B. No. 2738 was passed by the House on April |
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| 72 | 72 | | 20, 2023, by the following vote: Yeas 142, Nays 4, 2 present, not |
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| 73 | 73 | | voting. |
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| 74 | 74 | | ______________________________ |
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| 75 | 75 | | Chief Clerk of the House |
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| 76 | 76 | | I certify that H.B. No. 2738 was passed by the Senate on May |
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| 77 | 77 | | 21, 2023, by the following vote: Yeas 29, Nays 2. |
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| 78 | 78 | | ______________________________ |
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| 79 | 79 | | Secretary of the Senate |
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| 80 | 80 | | APPROVED: _____________________ |
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| 81 | 81 | | Date |
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| 82 | 82 | | _____________________ |
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| 83 | 83 | | Governor |
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