| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to procuring contracts for certain professional services |
|
|
by a governmental entity. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 2254.004, Government Code, is amended to |
|
|
read as follows: |
|
|
Sec. 2254.004. CONTRACT FOR PROFESSIONAL SERVICES OF |
|
|
ARCHITECT, ENGINEER, OR SURVEYOR. [(a)] In procuring |
|
|
architectural, engineering, or land surveying services, a |
|
|
governmental entity shall: |
|
|
(1) base its choice on demonstrated competence, |
|
|
knowledge, and qualifications and on the reasonableness of the |
|
|
proposed fee for the services [first select the most highly
|
|
|
qualified provider of those services on the basis of demonstrated
|
|
|
competence and qualifications]; and |
|
|
(2) if other considerations are equal, give preference |
|
|
to a provider of those services whose principal place of business is |
|
|
in this state or who will manage the contract wholly from an office |
|
|
in this state [then attempt to negotiate with that provider a
|
|
|
contract at a fair and reasonable price]. |
|
|
[(b)
If a satisfactory contract cannot be negotiated with
|
|
|
the most highly qualified provider of architectural, engineering,
|
|
|
or land surveying services, the entity shall:
|
|
|
[(1) formally end negotiations with that provider;
|
|
|
[(2)
select the next most highly qualified provider;
|
|
|
and
|
|
|
[(3)
attempt to negotiate a contract with that
|
|
|
provider at a fair and reasonable price.
|
|
|
[(c)
The entity shall continue the process described in
|
|
|
Subsection (b) to select and negotiate with providers until a
|
|
|
contract is entered into.] |
|
|
SECTION 2. (a) This Act applies only to a contract or a |
|
|
construction or other public works project for which a governmental |
|
|
entity first advertises or otherwise requests bids, proposals, |
|
|
offers, or qualifications, or makes a similar solicitation, on or |
|
|
after the effective date of this Act. |
|
|
(b) A contract or a construction or other public works |
|
|
project for which a governmental entity first advertises or |
|
|
otherwise requests bids, proposals, offers, or qualifications, or |
|
|
makes a similar solicitation, before the effective date of this Act |
|
|
is governed by the law as it existed immediately before the |
|
|
effective date of this Act, and that law is continued in effect for |
|
|
that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2011. |