Texas § PW.11.0171 - AUTHORITY TO CONTRACT

§ PW.11.0171. AUTHORITY TO CONTRACT

AUTHORITY TO CONTRACT. (a) Subject to Section 12.0251 , for the purpose of carrying out the powers, duties, and responsibilities of the department, the executive director, or the executive director's designee, may negotiate, contract, or enter an agreement: (1) with: (A) the United States or any of its agencies; (B) another state or a political subdivision of another state or of this state; or (C) a nonprofit organization for research and field work; or (2) for professional services relating to a project of the department, including project management, design, bid, and construction administration, consistent with Subchapter A , Chapter 2254 , Government Code. (a-1) If the value of a contract under Subsection (a)(2) for constructing, altering, or repairing a public building or carrying out or completing any public work exceeds $150,000, the department, the executive director, or the executive director's designee shall require the contractor to execute a performance bond and a payment bond to the department before beginning work. (b) The commission by rule shall adopt policies and procedures consistent with applicable state procurement practices for soliciting and awarding the contracts under this section. (c) The executive director may negotiate with and award a contract for goods or services to any qualified vendor if the executive director: (1) solicits bids for the goods or services through a competitive process in compliance with all applicable laws, including Chapters 2155 , 2254 , and 2269 , Government Code, that fails to result in competitive responsive bids; (2) makes a written determination that resoliciting bids for the goods or services would: (A) be unlikely to result in responsive bids; (B) increase costs to the department; or (C) delay the ability of the department to address a critical need; and (3) determines that the vendor meets the requirements of the original solicitation. (d) To the extent practicable, the executive director may combine the procurement of multiple goods or services into a single competitively bid contract to enhance the contract's attraction for potential vendors. (e) To meet the business needs of the department and increase revenue potential, the department may procure goods and services related to items for resale by the department by any method approved by the commission, provided the method provides the best value to the department. Added by Acts 1999, 76th Leg., ch. 618, Sec. 1, eff. Sept. 1, 1999. Amended by: Acts 2023, 88th Leg., R.S., Ch. 296 (H.B. 2777 ), Sec. 1, eff. June 2, 2023. Acts 2025, 89th Leg., R.S., Ch. 27 (S.B. 1066 ), Sec. 1, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 347 (H.B. 3088 ), Sec. 1, eff. September 1, 2025.