S.B. No. 573
relating to the award of certain highway maintenance contracts by
the Texas Department of Transportation and to local matching funds
requirements for highway projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (c), Section 223.0041,
Transportation Code, is amended to read as follows:
(c) For a maintenance contract involving an amount less than
$100,000], if the lowest bidder withdraws its bid prior
to contract award or fails to execute the contract, the director may
recommend to the commission that the contract be awarded to the
second lowest bidder. The commission may award the maintenance
contract to the second lowest bidder if the second lowest bidder
agrees to accept the unit bid prices of the lowest bidder. The
commission shall adopt rules governing the conditions under which
the department will allow the withdrawal of the bid of the lowest
bidder and consider awarding a maintenance contract to the second
SECTION 2. Section 222.053, Transportation Code, is amended
by adding Subsections (f), (g), and (h) to read as follows:
(f) The commission shall certify a county as an economically
disadvantaged county on an annual basis as soon as possible after
the comptroller reports on the economic indicators listed under
Subsection (a). A county certified under this section is eligible
for an adjustment under Subsection (c)(2).
(g) The commission shall determine whether to make an
adjustment under Subsection (c)(2) at the time a political
subdivision that consists of all or a portion of an economically
disadvantaged county submits a proposal to construct, maintain, or
extend a highway or for another type of highway project.
(h) The commission may delegate any of its duties or powers
under this section to the director or the director's designee.
SECTION 3. (a) The changes in law made by this Act to the
Texas Department of Transportation's contract procedures apply
only to a highway project for which the department first solicits
bids on or after September 1, 2005.
(b) A highway project for which the Texas Department of
Transportation first solicited bids before September 1, 2005, is
governed by the law as it existed immediately before the effective
date of this Act, and that law is continued in effect for that
SECTION 4. This Act takes effect September 1, 2005.
President of the Senate Speaker of the House
I hereby certify that S.B. No. 573 passed the Senate on
March 31, 2005, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendment on May 27, 2005, by the
following vote: Yeas 29, Nays 0.
Secretary of the Senate
I hereby certify that S.B. No. 573 passed the House, with
amendment, on May 25, 2005, by a non-record vote.
Chief Clerk of the House