HBA-DMD C.S.S.B. 1133 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 1133
By: Madla
State Affairs
4/30/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The Professional Procurement Act exempts certain identified professionals,
including physicians and engineers, from the general requirement that the
state procure goods and services only through a competitive bidding
process. The purpose of this policy is for professional services to be
purchased on the basis of quality and competency rather than on the basis
of the cheapest price.  However, this law does not include advanced
practice nurses, and therefore the state's contracts with professional
nurses are currently awarded to the lowest bidder. C.S.S.B. 1133 includes
professional nursing, landscape architecture, registered nurse services,
and landscape architect services in the definition of "professional
services." 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 2254.002(2), Government Code, to include
professional nursing, registered nurse services, landscape architecture,
and landscape architect services in the definition of "professional
services." Includes in the definition persons who are registered, as well
as licensed, as a certified public accountant, an architect, a landscape
architect, a land surveyor, a physician, an optometrist, a professional
engineer, a state certified or state licensed real estate appraiser, or a
registered nurse, and who provide services in connection with their
professional employment or practice. Makes conforming changes. 

SECTION 2.Effective date: September 1, 1999.

SECTION 3.Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

This substitute further amends Section 2251.002(2), Government Code, in
SECTION 1, to include landscape architecture and landscape architect
services in the definition of "professional services." This substitute
includes in the definition persons who are registered, as well as licensed,
as a certified public accountant, an architect, a landscape architect, a
land surveyor, a physician, an optometrist, a professional engineer, a
state certified or state licensed real estate appraiser, or a registered
nurse, and who provide services in connection with their professional
employment or practice. Makes conforming changes.