HBA-DMD, EVB, NIK C.S.S.B. 514 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 514
By: Ogden
Transportation
5/22/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, the Texas Department of Transportation (TxDOT) may establish an
electronic bidding system which eliminates the need for contractors to
manually deliver their bids. Electronic bidding is expected to reduce
errors in the bids, thereby reducing the number of disqualified bids, and
increasing the choices the TxDOT is able to consider.   

The required submission of an actual bid guaranty check before the bid
deadline is a hindrance to the successful initiation of an electronic
bidding system. C.S.S.B. 514 creates rules and provisions for the deposit
and investment of bid guaranties. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Transportation Commission in
SECTION 1 (Section 223.014, Transportation Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter A, Chapter 223, Transportation Code, by adding
Sections 223.014 and 223.015, as follows: 

Sec. 223.014. BID GUARANTY. (a) Requires the Texas Transportation
Commission (commission) to adopt rules on the method by which a bidder may
submit a bid guaranty. Authorizes the rules to authorize the use of
electronic funds transfer, checks, including electronic checks, money
orders, escrow accounts, including the bidder's retainage escrow account,
trust accounts, including the bidder's retainage trust account, and credit
cards issued by a financial institution chartered by a state or the United
States or by a nationally recognized credit organization approved by the
Texas Department of Transportation (TxDOT).  Authorizes TxDOT to require
the payment of a discount of service charge for the use of a credit card. 

(b) Authorizes TxDOT to establish one or more escrow accounts in the state
highway fund for the prepayment of bid guaranties.  Requires the bid
guaranties and any fees TxDOT establishes to administer this subsection to
be administered in accordance with an agreement approved by TxDOT.  

(c) Requires TxDOT to deposit each administrative fee and discount or
service charge collected under this section in the state treasury to the
credit of the state highway fund.  

(d) Prohibits the bidder, in the commission adopted rules, from being
precluded from submitting a bid guaranty to TxDOT payable by cashier's
check, money order, or teller's check. 

Sec. 223.015. DEPOSIT AND INVESTMENT OF BID GUARANTY. (a) Authorizes TxDOT
to authorize the use of a trust account for the purpose of providing a
required bid guaranty. 

 (b) Requires the guaranty to be deposited in accordance with a trust
agreement with a state or nationally chartered financial institution that
has its main office or a branch office in this state and that is selected
by the bidder. 

(c) Requires TxDOT to prescribe a trust agreement that protects the
interests of this state. 

(d) Requires interest earned under the trust agreement to be paid to the
bidder unless specified otherwise in the trust agreement. 

(e) Provides that the applicable financial institution is responsible for
all amounts resulting from the deposit of the guaranty until released from
that responsibility in accordance with the trust agreement. 

(f) Requires the bidder to pay all expenses incident to the deposit and all
charges imposed by the financial institution for custody of the guaranties
and forwarding of interest on a bid guaranty. Prohibits the expenses from
being included in the bid and being otherwise the responsibility of the
state. 

(g) Authorizes the financial institution, on the request of a bidder, to
reinvest the guaranty amounts in a certificate of deposit or another
similar instrument prescribed by the trust agreement. Provides that the
certificate of deposit or other instrument must be issued by a state or
nationally chartered financial institution that has its main office or a
branch office in this state.  

(h) Requires the financial institution, on the request of a bidder, to
certify and verify to TxDOT the amount on deposit. Provides that the trust
agreement must specify the method for providing the required information. 

SECTION 2. Emergency clause.
  Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 514 modifies proposed Section 223.014, Transportation Code, in
SECTION 1, to require the Texas Transportation Commission (commission) to
adopt rules on the, rather than require the commission by rule to provide
a, method by which a bidder may submit a bid guaranty. This substitute
redesignates text from proposed Subsection (b) to new Subsection (c) and
adds new text to require the Texas Department of Transportation (TxDOT) to
deposit each discount or service charge, in addition to administrative fee
collected under this section, in the state treasury to the credit of the
state highway fund. This substitute deletes text from proposed Subsection
(b) in the original which authorized money credited to the state highway
fund from fees collected to be appropriated only to TxDOT in order to
administer this subsection. This substitute adds new Subsection (d) to
prohibit the bidder, in the commission adopted rules, from being precluded
from submitting a bid guaranty to TxDOT payable by cashier's check, money
order, or teller's check.  

This substitute modifies proposed Section 223.015, Transportation Code, in
SECTION 1, to require a guaranty to be deposited in accordance with a trust
agreement with a state or nationally charted financial institution that has
its main office or a branch office, rather than a state or nationally
charted financial institution domiciled, in this state and that is selected
by the bidder. Makes a conforming change in Subsection (g).