Texas Health and Safety Code

Sec. § 534.055
Contracts for Certain Community Services


The executive commissioner shall design a competitive procurement or similar system that a mental health authority shall use in awarding an initial contract for the provision of services at the community level for persons with mental illness, including residential services, if the contract involves the use of state money or money for which the state has oversight responsibility.


The system must require that each local mental health authority:


ensure public participation in the authority’s decisions regarding whether to provide or to contract for a service;


make a reasonable effort to give notice of the intent to contract for services to each potential private provider in the local service area of the authority; and


review each submitted proposal and award the contract to the applicant that the authority determines has made the lowest and best bid to provide the needed services.


Each local mental health authority, in determining the lowest and best bid, shall consider any relevant information included in the authority’s request for bid proposals, including:




the ability of the bidder to perform the contract and to provide the required services;


whether the bidder can perform the contract or provide the services within the period required, without delay or interference;


the bidder’s history of compliance with the laws relating to the bidder’s business operations and the affected services and whether the bidder is currently in compliance;


whether the bidder’s financial resources are sufficient to perform the contract and to provide the services;


whether necessary or desirable support and ancillary services are available to the bidder;


the character, responsibility, integrity, reputation, and experience of the bidder;


the quality of the facilities and equipment available to or proposed by the bidder;


the ability of the bidder to provide continuity of services; and


the ability of the bidder to meet all applicable written departmental policies, principles, and regulations.
Added by Acts 1991, 72nd Leg., ch. 76, Sec. 1, eff. Sept. 1, 1991. Amended by Acts 1993, 73rd Leg., ch. 107, Sec. 6.32, eff. Aug. 30, 1993; Acts 1995, 74th Leg., ch. 821, Sec. 13, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 3.1336, eff. April 2, 2015.

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Jun. 7, 2021