The department must contract for and manage certain highway sign services, and the contract must include fee collection and at least 10% remittance to the department.
Sec. 391.091. ERECTION AND MAINTENANCE OF SIGNS. (a) The department shall contract with an individual, firm, group, or association in this state to erect and maintain specific information logo signs and major shopping area guide signs at appropriate locations along an eligible highway. (b) The department may enter into a contract under this section by the method that the department determines is the most practical or most advantageous for the state, including competitive bids, competitive sealed proposals, and open market contracts. (b-1) A contract under this section shall provide for: (1) the assessment of fees to be paid to a contractor by a commercial establishment eligible for display on the specific information logo sign; and (2) remittance to the department of at least 10 percent of the fees collected by the contractor. (c) The department shall make a written award of a contract to the offeror whose proposal offers the best value for the state. In determining the best value for the state, the department may consider: (1) revenue provided to the department by the contractor; (2) fees to be charged eligible businesses or agricultural interests for inclusion on the signs; (3) the quality of services offered; (4) the contractor's financial resources and ability to perform; and (5) any other factor the department considers relevant. (d) To the extent of any conflict, this section prevails over any other law relating to the method of the purchasing of goods and services by the department. (e) Subtitle D, Title 10, Government Code, and Chapter 223 do not apply to purchases of goods and services under this section. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.22(a), eff. Sept. 1, 1997; Acts 2003, 78th Leg., ch. 713, Sec. 2, eff. June 20, 2003; Acts 2003, 78th Leg., ch. 743, Sec. 2, eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 878 (S.B. 1137), Sec. 7, eff. June 17, 2005. Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(100), eff. September 1, 2009.