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Texas Education Code - Section 44.040. Selecting Contractor For Construction Services Through Competitive Bidding

Legal Research Home > Texas Lawyer > Education Code > Texas Education Code - Section 44.040. Selecting Contractor For Construction Services Through Competitive Bidding

§ 44.040. SELECTING CONTRACTOR FOR CONSTRUCTION SERVICES 
THROUGH COMPETITIVE BIDDING.  (a) Except to the extent prohibited 
by other law and to the extent consistent with this subchapter, a 
school district may use competitive bidding to select a contractor 
to perform construction, rehabilitation, alteration, or repair 
services for a facility.
	(b)  Except as otherwise specifically provided by this 
subsection, Subchapter B, Chapter 271, Local Government Code, does 
not apply to a competitive bidding process under this subchapter.  
Sections 271.026, 271.027(a), and 271.0275, Local Government Code, 
apply to a competitive bidding process under this subchapter.
	(c)  The district shall select or designate an engineer or 
architect to prepare construction documents for the project.  The 
selected or designated engineer or architect has full 
responsibility for complying with Chapter 1001 and Chapter 1051, 
Occupations Code, as applicable.
	(d)  A school district shall award a competitively bid 
contract at the bid amount to the bidder offering the best value to 
the district according to the selection criteria that were 
established by the district.  The selection criteria may include 
the factors listed in Section 44.031(b).

Added by Acts 1997, 75th Leg., ch. 1179, § 2, eff. Sept. 1, 1997.  
Amended by Acts 1999, 76th Leg., ch. 1225, § 9, eff. Sept. 1, 
1999;  Acts 2003, 78th Leg., ch. 1229, § 4, eff. Sept. 1, 2003.

Last modified: August 10, 2007