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<br />L SERVICES
<br />Title 20
<br />Sept. 1, 1979
<br />i, eff. Sept. 1,
<br />§ 2, eff. Sept.
<br />.Sept. 1, 1979
<br />Sept. 1, 1979
<br />9.05, eff. Sept.
<br />r arts. 657 and
<br />and 3.16.
<br />3, § 99.05, eff.
<br />~, ch. 57, § 1.
<br />S, ch. 871, § 1.
<br />7, ch. 234, § 1.
<br />ch. 626, §§ 11,
<br />ch. 734, §§ 17,
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<br />PURCHASING, .GENERAL SERVICES ~ ~. 664-4`
<br />Title 20
<br />Acts. 1977, 65th Leg., p. 707,. ch. 266, § 1.
<br />Acts 1979, 66th Leg., p. 2052, ch. 803, § 10.
<br />Art. 664-4. Professions.l Services Procurement Act
<br />Section 1. This Act shall be known and may be cited as the "Professional Services
<br />Procurement Act." '
<br />Sec. 2. For purposes of this Act the term "professional services" shall mean those
<br />within the scope of the practice of accounting, architecture, optometry, medicine, land
<br />surveying, or professional engineering as defined by the laws of the State of Texas or
<br />those performed by any licensed architect, optometrist, physician, surgeon, certified
<br />public accountant, land surveyor, or professional engineer in connection with his profes-
<br />sional employment or practice.-
<br />Sec. 3.. No state agency, political subdivision, county, municipality, district, authority
<br />or publicly-owned utility of the State of Texas shall make any contract for, or engage the
<br />professional services of, any licensed physician, optometrist, surgeon, architect, certified
<br />public accountant, land surveyor, or registered engineer, or any group or association
<br />thereof, selected on the basis of competitive bids submitted for such contract or for such
<br />services to be performed, but shall select and award such contracts and engage such
<br />services on the basis of demonstrated competence and quaycations for the type of
<br />professional services to be performed and at fair and reasonable prices, as long as
<br />professional fees are consistent with and not higher than the published recommended
<br />practices and fees of the various applicable professional associations and do not exceed
<br />the maximum provided by any state law.
<br />Sec. 3A. (a) In the procurement of architectural or engineering services by an entity
<br />described by Section 3 of this Act, the entity shall negotiate a contract for the services on
<br />the basis of a two-step process:
<br />(1) initial selection shall be based on the demonstrated competence and qualifications of
<br />the person, including any firm, who is to provide the services; and
<br />(2) after the entity makes its selection according to Subsection (a) of this section, it
<br />shall proceed to negotiate a contract at a fair and reasonable price.
<br />(b) If the entity is unable to negotiate a satisfactory contract with the most highly
<br />qualified person, the entity shall formally end negotiations with that person and begin
<br />negotiations with the second most highly qualified person.
<br />' (c) Negotiations shall be undertaken in this sequence until a contract is made.
<br />Sec. 4. Any and all such contracts, agreements or arrangements for professional
<br />services negotiated, made or entered into, directly or indirectly, by any agency or
<br />department of the State of Texas, county, municipality, political subdivision, district,
<br />authority or publicly-owned utility in any way in violation of the provisions of this Act or
<br />any part thereof are hereby declared to be void as contrary to the public policy of this
<br />State and shall not be given effect or enforced by any Court of this State or by any of its
<br />public officers or employees.
<br />Acts 1971, 62nd Leg., p. 72, ch. 38, eff. March 30, 1971. Secs. 2, 3 amended by Acts 1989, 71st Leg.,
<br />ch. 1036, § 1, eff. June' 16, 1989; Sec. 3A added by Acts 1989, 71st Leg., ch. 392, § 1, eff. Sept. 1,
<br />1989.
<br />Historical Note Section S of the act of 1971, an emergency
<br />Sections 5 to ? of the 1971 Act read:. Provision, provides in part:
<br />"The fact that the selection of certified public
<br />"Sec. 5. Nothing in this Act shall affect the accountants architects physicians, optometrists,
<br />validity or binding effect of any valid contracts surgeons and professional engineers on the basis
<br />in existence at the effective date hereof.. of the lowest bid places a premium on incom-
<br />"Sec. 6. If any section, sentence, clause or petence and is the most likely procedure for
<br />part of-this Act is, for any reason, held to be selecting the least able or qualified and the most
<br />unconstitutional, such decision shall not affect incompetent practitioner for the performance of
<br />the remaining portion of this Acct. _ services vitally ~~B the health, welfare and
<br />safety of the public and that, in spite of repeated
<br />"Sec. 7. Any laws or parts of laws in conflict expressions of the legislature excepting such
<br />with the provisions of this Act are hereby re- professional services from statutes providing for
<br />pealed." competitive bidding procedures, some public offi-
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