Bill Text: TX SB1179 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to purchasing and contracting practices of coordinated county transportation authorities.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2017-05-29 - Effective immediately [SB1179 Detail]
Download: Texas-2017-SB1179-Enrolled.html
S.B. No. 1179 |
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relating to purchasing and contracting practices of coordinated | ||
county transportation authorities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 460.406(c), Transportation Code, is | ||
amended to read as follows: | ||
(c) The board of directors may authorize the negotiation of | ||
a contract without competitive sealed bids or proposals if: | ||
(1) the aggregate amount involved in the contract is | ||
less than the greater of: | ||
(A) $50,000; or | ||
(B) the amount of an expenditure under a contract | ||
that would require a municipality to comply with Section | ||
252.021(a), Local Government Code; | ||
(2) the contract is for construction for which not | ||
more than one bid or proposal is received; | ||
(3) the contract is for services or property for which | ||
there is only one source or for which it is otherwise impracticable | ||
to obtain competition, including: | ||
(A) items that are available from only one source | ||
because of patents, copyrights, secret processes, or natural | ||
monopolies; | ||
(B) gas, water, and other utility services; and | ||
(C) captive replacement parts or components for | ||
equipment; | ||
(4) the contract is to respond to an emergency for | ||
which the public exigency does not permit the delay incident to the | ||
competitive process; | ||
(5) the contract is for personal, [ |
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or planning services [ |
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(6) the contract, without regard to form and which may | ||
include bonds, notes, loan agreements, or other obligations, is for | ||
the purpose of borrowing money or is a part of a transaction | ||
relating to the borrowing of money, including: | ||
(A) a credit support agreement, such as a line or | ||
letter of credit or other debt guaranty; | ||
(B) a bond, note, debt sale or purchase, trustee, | ||
paying agent, remarketing agent, indexing agent, or similar | ||
agreement; | ||
(C) an agreement with a securities dealer, | ||
broker, or underwriter; and | ||
(D) any other contract or agreement considered by | ||
the board of directors to be appropriate or necessary in support of | ||
the authority's financing activities; | ||
(7) the contract is for work that is performed and paid | ||
for by the day as the work progresses; | ||
(8) the contract is for the lease or purchase of an | ||
interest in land; | ||
(9) the contract is for the purchase of personal | ||
property sold: | ||
(A) at an auction by a state licensed auctioneer; | ||
(B) at a going out of business sale held in | ||
compliance with Subchapter F, Chapter 17, Business & Commerce Code; | ||
or | ||
(C) by a political subdivision of this state, a | ||
state agency, or an entity of the federal government; | ||
(10) the contract is for services performed by persons | ||
who are blind or have severe disabilities; | ||
(11) the contract is for the purchase of electricity; | ||
(12) the contract is one for an authority project and | ||
awarded for alternate project delivery using the procedures, | ||
requirements, and limitations under Subchapters E, F, G, H, and I, | ||
Chapter 2269, Government Code; or | ||
(13) the contract is for fare enforcement officer | ||
services under Section 460.1092. | ||
SECTION 2. (a) The changes in law made by this Act apply | ||
only to a contract or construction project for which a governing | ||
body of a coordinated county transportation authority created under | ||
Chapter 460, Transportation Code, 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 construction project for which a governing | ||
body of a coordinated county transportation authority created under | ||
Chapter 460, Transportation Code, 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 immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1179 passed the Senate on | ||
April 19, 2017, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1179 passed the House on | ||
May 19, 2017, by the following vote: Yeas 144, Nays 0, two | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |