TO:	Honorable Robert Nichols, Chair, Senate Committee on Transportation
FROM:	Jerry McGinty, Director, Legislative Budget Board
IN RE:	HB3989 by Raney (Relating to the adoption of a policy on the preclusion of private design professionals from contracting with the Texas Department of Transportation.), As Engrossed

The bill would amend Government Code, Chapter 2261, relating to state contracting standards, to require the Texas Department of Transportation to adopt a written preclusion policy before TxDOT can determine that a private design professional is precluded from performing a contract for architectural or engineering services or participating in a procurement for those services. The bill would require the policy to (1) be published or distributed in a manner to make statewide private design professionals aware of the policy, (2) provide that a professional affected by the preclusion be notified in writing at the time TxDOT determines a potential basis for preclusion exists, and (3) establish an appeals process that allows a reasonable time for a design professional to appeal the decision and establish no basis for preclusion exists.

Local Government Impact

No fiscal implication to units of local government is anticipated.