HBA-DMH C.S.H.B. 1375 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1375 By: Farrar Transportation 4/30/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE The number of highway accidents is on the rise. Commonly, when an accident occurs assistance from a tow truck or a recovery service is requested to either repair or remove a disabled vehicle. Currently, the Texas Department of Transportation (TxDOT) selects a towing company to perform these services based solely on competitive pricing. Therefore, TxDOT is not allowed to select a business based on its experience and the quality of its equipment and services. C.S.H.B. 1375 authorizes TxDOT to contract with a private business for the removal of personal property from the right-of-way or roadway of the state highway system using various contract methods or based on a business's experience, equipment, and services. 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. ANALYSIS C.S.H.B. 1375 amends the Transportation Code to authorize the Texas Department of Transportation (TxDOT), when entering into a contract with a private business for the removal of personal property from the right-of-way or roadway of the state highway system, to use specified purchasing methods, include the removal work in a contact entered into under provisions regarding bids and contracts for highway projects, and select a business based on an evaluation of the experience of the business and the quality of the business's equipment and services. EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1375 differs from the original bill by specifying the manner in which the Texas Department of Transportation (TxDOT) is authorized to enter into a contract with a private business for the removal of personal property from the right-of-way or roadway of the state highway system. The substitute removes the requirement that TxDOT base it decision on an evaluation of the reputation and experience of a business, the business's past relationship with TxDOT, the quality of the business's equipment and services, the business's location in the state, and the impact on the ability of TxDOT to comply with laws and rules relating to historically underutilized businesses. The substitute modifies the effective date.