Government Code Chapter 2254
2254.002 Subchapter A. Professional services
(2) “Professional services” means services:
within the scope of the practice, as defined by state law, of:
(iii) landscape architecture;
(iv) land surveying;
(vii) professional engineering;
(viii) real estate appraising; or
(ix) professional nursing.
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:
on the basis of demonstrated competence and qualifications to perform the services; and
for a fair and reasonable price.
(b) The professional fees under the contract:
must be consistent with and not higher than the recommended practices and fees published by the applicable professional associations; and
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:
first select the most highly qualified provider of those services on the basis of demonstrated competence and qualifications; and
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