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Government Code Chapter 2254

2254.002 Subchapter A. Professional services

(2) “Professional services” means services:                                  

(A)

within the scope of the practice, as defined by state law, of:        

(i)     accounting;                                                            

(ii)    architecture;                                                         

(iii)   landscape architecture;                                              

(iv)   land surveying;                                                       

(v)    medicine;                                                              

(vi)   optometry;                                                            

(vii)  professional engineering;                                            

(viii) real estate appraising; or                                       

(ix)   professional nursing.   

(B)

provided in connection with the professional employment or practice of a person who is licensed or registered as:

(i)     a certified public accountant;                                         

(ii)    an architect;                                                         

(iii)   a landscape architect;                                               

(iv)   a land surveyor;                                                      

(v)    a physician, including a surgeon;                                      

(vi)   an optometrist;                                                       

(vii)  a professional engineer;                                             

(viii) a state certified or state licensed real estate appraiser; or    

(ix)   a registered nurse.   

2254.003 Selection of Provider; Fees

(a) A governmental entity may not select a provider of professional services or a group or    association of providers or award a contract for the services on the basis of competitive bids submitted for the contract or for the services, but will make the selection and award:

(1)

on the basis of demonstrated competence and qualifications to perform the services;  and

(2)

for a fair and reasonable price.                 

(b) The professional fees under the contract:                                 

(1)

must be consistent with and not higher than the recommended practices and fees published by the applicable professional associations;  and

(2)

may not exceed any maximum provided by law.  

2254.004 CONTRACT FOR PROFESSIONAL SERVICES OF ARCHITECT,

ENGINEER, OR SURVEROR

              (a) In procuring architectural, engineering, or land surveying services, a              

                   governmental entity will:

(1)

first select the most highly qualified provider of those services on the basis of  demonstrated competence and qualifications;  and

(2)

then attempt to negotiate with that provider a contract at a fair and reasonable price.

(b) If a satisfactory contract cannot be negotiated with the most highly

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