Sec. 3944.115. APPLICABILITY OF OTHER LAW TO CERTAIN CONTRACTS. (a) Subchapter I, Chapter 49, Water Code, applies to a district contract for construction work, equipment, materials, or machinery. Notwithstanding Section 2269.003(a), Government Code, the district may use a project delivery method described by Subchapter I, Chapter 49, Water Code, or Subchapters A-G, I, and J, Chapter 2269, Government Code.

(b) Notwithstanding Subsection (a), the board may adopt rules governing the receipt of bids and the award of a district contract and providing for the waiver of the competitive bid process if:

(1) there is an emergency;

(2) the needed materials are available only from one source;

(3) in a procurement requiring design by the supplier competitive bidding would not be appropriate and competitive negotiation, with proposals solicited from an adequate number of qualified sources, would permit reasonable competition consistent with the nature and requirements of the procurement; or

(4) after solicitation, it is ascertained that there will be only one bidder.

(c) Section 375.223, Local Government Code, does not apply to the district.

Added by Acts 2017, 85th Leg., R.S., Ch. 77 (H.B. 2332), Sec. 1, eff. May 23, 2017.