| 1 | 1 | | H.B. No. 2777 |
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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 the contracting authority of the Parks and Wildlife |
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| 6 | 6 | | Department. |
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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 11.0171, Parks and Wildlife Code, is |
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| 9 | 9 | | amended by adding Subsections (c) and (d) to read as follows: |
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| 10 | 10 | | (c) The executive director may negotiate with and award a |
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| 11 | 11 | | contract for goods or services to any qualified vendor if the |
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| 12 | 12 | | executive director: |
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| 13 | 13 | | (1) solicits bids for the goods or services through a |
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| 14 | 14 | | competitive process in compliance with all applicable laws, |
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| 15 | 15 | | including Chapters 2155, 2254, and 2269, Government Code, that |
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| 16 | 16 | | fails to result in competitive responsive bids; |
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| 17 | 17 | | (2) makes a written determination that resoliciting |
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| 18 | 18 | | bids for the goods or services would: |
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| 19 | 19 | | (A) be unlikely to result in responsive bids; |
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| 20 | 20 | | (B) increase costs to the department; or |
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| 21 | 21 | | (C) delay the ability of the department to |
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| 22 | 22 | | address a critical need; and |
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| 23 | 23 | | (3) determines that the vendor meets the requirements |
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| 24 | 24 | | of the original solicitation. |
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| 25 | 25 | | (d) To the extent practicable, the executive director may |
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| 26 | 26 | | combine the procurement of multiple goods or services into a single |
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| 27 | 27 | | competitively bid contract to enhance the contract's attraction for |
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| 28 | 28 | | potential vendors. |
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| 29 | 29 | | SECTION 2. Section 11.0171(c), Parks and Wildlife Code, as |
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| 30 | 30 | | added by this Act, applies only to a contract for which bids are |
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| 31 | 31 | | first solicited on or after the effective date of this Act. A |
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| 32 | 32 | | contract for which bids are first solicited before the effective |
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| 33 | 33 | | date of this Act is governed by the law as it existed immediately |
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| 34 | 34 | | before the effective date of this Act, and that law is continued in |
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| 35 | 35 | | effect for that purpose. |
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| 36 | 36 | | SECTION 3. This Act takes effect immediately if it receives |
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| 37 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 38 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 39 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 40 | 40 | | Act takes effect September 1, 2023. |
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| 41 | 41 | | ______________________________ ______________________________ |
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| 42 | 42 | | President of the Senate Speaker of the House |
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| 43 | 43 | | I certify that H.B. No. 2777 was passed by the House on April |
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| 44 | 44 | | 20, 2023, by the following vote: Yeas 142, Nays 4, 2 present, not |
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| 45 | 45 | | voting; and that the House concurred in Senate amendments to H.B. |
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| 46 | 46 | | No. 2777 on May 15, 2023, by the following vote: Yeas 140, Nays 2, |
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| 47 | 47 | | 2 present, not voting. |
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| 48 | 48 | | ______________________________ |
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| 49 | 49 | | Chief Clerk of the House |
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| 50 | 50 | | I certify that H.B. No. 2777 was passed by the Senate, with |
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| 51 | 51 | | amendments, on May 12, 2023, by the following vote: Yeas 30, Nays |
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| 52 | 52 | | 0. |
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| 53 | 53 | | ______________________________ |
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| 54 | 54 | | Secretary of the Senate |
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| 55 | 55 | | APPROVED: __________________ |
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| 56 | 56 | | Date |
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| 57 | 57 | | __________________ |
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| 58 | 58 | | Governor |
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