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Amend CSHB 3588 in Article III, Sec. 301, by deleting the
proposed Sec. 201.954(j) to read as follows:
( ) The department shall pay an unsuccessful private entity
that submits a response to a request for detailed proposals under
Subsection (f) a stipulated amount of the final contract price for
any costs incurred in preparing that proposal. The stipulated
amount must be stated in the request for proposals and may not
exceed the value of any work product contained in the proposal that
can, as determined by the department, be used by the department in
the performance of its functions. After payment of the stipulated
amount, the department may make use of any design contained in the
proposal, including the technologies, techniques, methods,
processes, and information contained in the design. The use by the
department of any design element contained in an unsuccessful
proposal is at the sole risk and discretion of the department and
does not confer liability on the recipient of the stipulated amount
under this section.