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.