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.