HBA-BSM H.B. 3539 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3539
By: Dukes
State Affairs
4/4/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, certain criteria is established for the selection of a
consultant by a state agency. However, current law does not require a
state agency to disqualify a consultant that has breached a contract with
local or quasi-governmental entities, misrepresented to subcontractors as
to the amount and scope of their previous involvement with the state, or
participated in meetings which gave that consultant an advantage over any
other potential consultant.  House Bill 3539 requires state agencies to
disqualify such contractors from work with the state.   

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

House Bill 3539 amends the Government Code to require a state agency in
selecting a consultant to disqualify from selection a consultant that has: 

 _breached a contract with local or quasi-governmental entities in Texas
including but not limited to cities, counties, housing authorities,
transportation authorities, river authorities, or other similar public
purpose entities; or 

 _misrepresented to subcontractors as to the amount and scope of their
participation in previous awards made by the state or local or
quasi-government entities in Texas. 

The bill also disqualifies a consultant from participation with an agency
if the consultant has participated in any meetings relative to a project
which would provide a perceived or real competitive advantage over any
other potential consultant. 

EFFECTIVE DATE

September 1, 2001.