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.
Added by Acts 2023, 88th Leg., R.S., Ch. 617 (H.B. 3989), Sec. 1, eff. September 1, 2023.