HBA-NIK H.B. 2149 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2149
By: Bosse
Public Safety
4/18/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, Section 223.005 (Bids on Contracts Involving Less Than
$300,000), Transportation Code, provides for a procedure whereby the Texas
Transportation Commission (commission) allows bids less than $300,000 to be
filed with the district engineer, which the commission may then award to
the low bidder.  Similar language applying to contracts over $300,000 was
inadvertently left out of the Transportation Code by the 75th Legislature.
Additionally, language dealing with the exception to the public bid opening
requirement for electronically opened bids needs clarification that it
applies to local bid openings.  H.B. 2149 clarifies that contracts over
$300,000 may be awarded to the lowest bidder by the commission and allows
electronic bidding on local bid openings. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 223, Transportation Code, by
adding Section 223.0041 as follows: 

Sec. 223.0041.  AWARD OF CONTRACT.  (a)  Requires all bids received and not
rejected by the Texas Department of Transportation (department) to be
tabulated and forwarded to the Texas Transportation Commission
(commission), except as provided by Section 223.005. 

(b)  Authorizes the commission to accept or reject the bids.  Requires the
commission to award the contract, if the bids are accepted, to the lowest
bidder, subject to Section 223.045 (Steel Preference Provisions in
Important Contracts).  

SECTION 2.  Amends Sections 223.005(b)-(d), Transportation Code, to make
conforming changes. 

SECTION 3.  Amends Section 223.013(c), Transportation Code, to make a
conforming change. 

SECTION 4.  Emergency clause.
  Effective date: upon passage.