S.B. No. 1179

	AN ACT
	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, [or] professional,
	or planning services [or services for which competitive bidding is
	precluded by law];
	(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