| 1 | 1 | | 88R19650 MZM-F |
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| 2 | 2 | | By: Canales H.B. No. 3889 |
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| 3 | 3 | | Substitute the following for H.B. No. 3889: |
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| 4 | 4 | | By: Canales C.S.H.B. No. 3889 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the handling of bids on certain construction contracts |
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| 10 | 10 | | for highway projects and buildings. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter C, Chapter 201, Transportation Code, |
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| 13 | 13 | | is amended by adding Section 201.120 to read as follows: |
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| 14 | 14 | | Sec. 201.120. BIDS ON CONTRACTS FOR BUILDING CONSTRUCTION |
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| 15 | 15 | | INVOLVING LESS THAN $1 MILLION. (a) The commission by rule may |
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| 16 | 16 | | allow bids on a contract for construction of a building estimated by |
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| 17 | 17 | | the department to involve an amount less than $1 million to be filed |
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| 18 | 18 | | with the director of the division of the department that is |
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| 19 | 19 | | responsible for the construction of the building and opened and |
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| 20 | 20 | | read at a public meeting held by the division director or the |
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| 21 | 21 | | division director's designee. |
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| 22 | 22 | | (b) The commission may delegate to the director or the |
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| 23 | 23 | | director's designee the right to: |
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| 24 | 24 | | (1) accept or reject bids received, subject to Section |
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| 25 | 25 | | 223.045; and |
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| 26 | 26 | | (2) award a contract to the lowest bidder. |
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| 27 | 27 | | SECTION 2. The heading to Section 223.005, Transportation |
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| 28 | 28 | | Code, is amended to read as follows: |
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| 29 | 29 | | Sec. 223.005. BIDS ON CERTAIN CONTRACTS INVOLVING LESS THAN |
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| 30 | 30 | | $1 MILLION [$300,000]. |
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| 31 | 31 | | SECTION 3. Section 223.005(a), Transportation Code, is |
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| 32 | 32 | | amended to read as follows: |
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| 33 | 33 | | (a) The commission by rule may allow bids on a contract |
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| 34 | 34 | | estimated by the department to involve an amount less than $1 |
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| 35 | 35 | | million [$300,000] to be filed with the district engineer at the |
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| 36 | 36 | | headquarters for the district in which the improvement is to be made |
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| 37 | 37 | | and opened and read at a public meeting held by the district |
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| 38 | 38 | | engineer or the district engineer's designee. |
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| 39 | 39 | | SECTION 4. The changes in law made by this Act apply only to |
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| 40 | 40 | | bids for which the notice of bid is given on or after the effective |
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| 41 | 41 | | date of this Act. A notice of bid given before the effective date of |
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| 42 | 42 | | this Act is governed by the law as it existed immediately before the |
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| 43 | 43 | | effective date of this Act, and that law is continued in effect for |
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| 44 | 44 | | that purpose. |
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| 45 | 45 | | SECTION 5. This Act takes effect immediately if it receives |
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| 46 | 46 | | a vote of two-thirds of all the members elected to each house, as |
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| 47 | 47 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 48 | 48 | | Act does not receive the vote necessary for immediate effect, this |
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| 49 | 49 | | Act takes effect September 1, 2023. |
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