| 1 | 1 | | 89R14965 RDR-F |
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| 2 | 2 | | By: Phelan H.B. No. 5603 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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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 a requirement for the Texas Department of |
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| 10 | 10 | | Transportation to disclose certain service contract information |
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| 11 | 11 | | and provide notice regarding certain changes to a contract. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Section 223.0042, Transportation Code, is |
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| 14 | 14 | | amended to read as follows: |
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| 15 | 15 | | Sec. 223.0042. CONTRACT INFORMATION ON INTERNET WEBSITE. |
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| 16 | 16 | | (a) In this section, "engineering-related services" has the |
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| 17 | 17 | | meaning assigned by Section 223.041(a). |
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| 18 | 18 | | (b) The department shall make available on the department's |
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| 19 | 19 | | Internet website a listing describing each contract awarded by the |
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| 20 | 20 | | commission for a highway construction project. The listing must |
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| 21 | 21 | | include for each project: |
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| 22 | 22 | | (1) the funding program source contract awardee, |
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| 23 | 23 | | including subcontractors and historically underutilized business |
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| 24 | 24 | | and disadvantaged business enterprise participants and percentage |
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| 25 | 25 | | of contract; and |
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| 26 | 26 | | (2) each department transportation district in which |
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| 27 | 27 | | the contract will be performed. |
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| 28 | 28 | | (c) Not later than the 30th day after the date the |
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| 29 | 29 | | commission awards an engineering-related services contract, the |
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| 30 | 30 | | department shall make information related to the contract available |
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| 31 | 31 | | on the department's Internet website, including: |
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| 32 | 32 | | (1) the contract number; |
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| 33 | 33 | | (2) the primary firm involved in the contract; |
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| 34 | 34 | | (3) the total contract amount, in dollars; |
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| 35 | 35 | | (4) the date of the contract's execution; |
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| 36 | 36 | | (5) the termination date of the contract; |
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| 37 | 37 | | (6) the type of contract; |
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| 38 | 38 | | (7) whether the contract is a specific-deliverable or |
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| 39 | 39 | | indefinite-deliverable contract; |
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| 40 | 40 | | (8) a general description of the scope of services; |
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| 41 | 41 | | (9) work authorizations, supplemental work |
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| 42 | 42 | | authorizations, and supplemental agreements issued to date; |
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| 43 | 43 | | (10) the total amount paid, in dollars, under the |
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| 44 | 44 | | contract to date; |
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| 45 | 45 | | (11) a list of the geographic areas covered by the |
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| 46 | 46 | | contract; and |
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| 47 | 47 | | (12) any notifications or notices relating to the |
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| 48 | 48 | | contract issued under Section 223.041. |
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| 49 | 49 | | (d) The department shall update the department's Internet |
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| 50 | 50 | | website with the information required under Subsection (c) at least |
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| 51 | 51 | | weekly. |
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| 52 | 52 | | SECTION 2. Section 223.041, Transportation Code, is amended |
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| 53 | 53 | | by adding Subsections (c) and (d) to read as follows: |
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| 54 | 54 | | (c) If a work authorization has been issued by the |
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| 55 | 55 | | department for an engineering-related services contract, the |
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| 56 | 56 | | department shall notify the contractor in writing if the department |
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| 57 | 57 | | determines that the schedule or table of deliverables identified in |
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| 58 | 58 | | a contract or work authorization must be slowed, stopped, paused, |
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| 59 | 59 | | or otherwise altered for any reason. This notification must be |
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| 60 | 60 | | given to the contractor at least 90 days before the effective date |
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| 61 | 61 | | of any change to the contract's schedule or table of deliverables. |
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| 62 | 62 | | (d) If the department notifies a contractor for an |
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| 63 | 63 | | engineering-related services contract of an alteration to the |
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| 64 | 64 | | schedule or table of deliverables under Subsection (c), the |
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| 65 | 65 | | district, area-office, division, or other office within the |
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| 66 | 66 | | department that issued the notice shall report the notice in |
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| 67 | 67 | | writing to the executive director, the deputy executive director of |
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| 68 | 68 | | the department, and the chief engineer of the department not later |
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| 69 | 69 | | than three days after the date the notice was issued. Not later |
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| 70 | 70 | | than 10 days after the date the notice was issued, the department |
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| 71 | 71 | | shall post the notice on the department's Internet website in the |
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| 72 | 72 | | same location the contract information described by Section |
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| 73 | 73 | | 223.0042(c) is posted for the corresponding engineering-related |
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| 74 | 74 | | services contract. |
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| 75 | 75 | | SECTION 3. This Act takes effect September 1, 2025. |
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