| 1 | 1 | | 88R13197 DRS-F |
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| 2 | 2 | | By: Romero, Jr. H.B. No. 5184 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the contracts of certain regional transportation |
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| 8 | 8 | | authorities that are required to be competitively bid. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 452.107(c), Transportation Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (c) The executive committee may authorize the negotiation |
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| 13 | 13 | | of a contract without competitive sealed bids or proposals if: |
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| 14 | 14 | | (1) the aggregate amount involved in the contract is |
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| 15 | 15 | | $250,000 [$50,000] or less; |
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| 16 | 16 | | (2) the contract is for construction for which not |
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| 17 | 17 | | more than one bid or proposal is received; |
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| 18 | 18 | | (3) the contract is for services or property for which |
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| 19 | 19 | | there is only one source or for which it is otherwise impracticable |
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| 20 | 20 | | to obtain competition; |
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| 21 | 21 | | (4) the contract is to respond to an emergency for |
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| 22 | 22 | | which the public exigency does not permit the delay incident to the |
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| 23 | 23 | | competitive process; |
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| 24 | 24 | | (5) the contract is for personal or professional |
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| 25 | 25 | | services or services for which competitive bidding is precluded by |
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| 26 | 26 | | law; or |
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| 27 | 27 | | (6) the contract, without regard to form and which may |
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| 28 | 28 | | include bonds, notes, loan agreements, or other obligations, is for |
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| 29 | 29 | | the purpose of borrowing money or is a part of a transaction |
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| 30 | 30 | | relating to the borrowing of money, including: |
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| 31 | 31 | | (A) a credit support agreement, such as a line or |
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| 32 | 32 | | letter of credit or other debt guaranty; |
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| 33 | 33 | | (B) a bond, note, debt sale or purchase, trustee, |
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| 34 | 34 | | paying agent, remarketing agent, indexing agent, or similar |
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| 35 | 35 | | agreement; |
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| 36 | 36 | | (C) an agreement with a securities dealer or |
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| 37 | 37 | | investment adviser, broker, or underwriter; and |
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| 38 | 38 | | (D) any other contract or agreement considered by |
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| 39 | 39 | | the executive committee to be appropriate or necessary in support |
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| 40 | 40 | | of the authority's financing activities. |
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| 41 | 41 | | SECTION 2. The change in law made by this Act applies only |
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| 42 | 42 | | to a contract for which a regional transportation authority first |
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| 43 | 43 | | advertises or otherwise solicits bids or proposals on or after the |
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| 44 | 44 | | effective date of this Act. |
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| 45 | 45 | | SECTION 3. This Act takes effect September 1, 2023. |
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