88R13093 CXP-F     By: Raney H.B. No. 3989       A BILL TO BE ENTITLED   AN ACT   relating to the adoption of a policy on the preclusion of private   design professionals from contracting with the Texas Department of   Transportation.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter F, Chapter 2261, Government Code, is   amended by adding Section 2261.260 to read as follows:          Sec. 2261.260.  TEXAS DEPARTMENT OF TRANSPORTATION   PRECLUSION POLICY FOR PRIVATE DESIGN PROFESSIONALS. (a)  In this   section, "private design professional" has the meaning assigned by   Section 2252.905.          (b)  Before the Texas Department of Transportation may make a   determination under this subchapter that a private design   professional is precluded from performing a contract for   architectural or engineering services or from participating in a   procurement for those services, the department must adopt a written   preclusion policy.          (c)  A policy under this section must:                (1)  be published or distributed in a manner that   ensures that private design professionals in this state are aware   of the policy;                (2)  provide that the private design professional be   notified in writing at the time the Texas Department of   Transportation determines that a potential basis for preclusion   exists; and                (3)  provide for an appeals process by which the   private design professional is given a reasonable amount of time to   establish that no basis for preclusion under the policy exists.          SECTION 2.  The changes in law made by this Act apply only to   a contract entered into on or after the effective date of this Act.   A contract entered into before the effective date of this Act is   governed by the law in effect on the date the contract was entered   into, and the former law is continued in effect for that purpose.          SECTION 3.  This Act takes effect September 1, 2023.