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Section 2: Legal Aspects

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State Statutory Provisions

Professional Services - Government Code, Chapter 2254, Subchapter A, the Professional Services Procurement Act sets forth what services are deemed professional services. By acts of the 75th Legislature, Appraisal and Appraisal Review services were constituted as professional services. As a result, real estate services involving appraisal or appraisal review services must be procured as a professional service.

Purchase of Services - Government Code, Chapter 2156, Subchapters A and C authorizes the purchase of various services, which would include ROW services. These provisions do not authorize the procurement of real estate services when appraisal or appraisal review services are involved.

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Administrative Rules

Professional Services - The administrative rules for procuring providers are set out in Administrative Code, Title 43, Chapter 9, Sections 9.80 to 9.88 inclusive.

Purchase of Services - The administrative rules for procuring providers are set out in Administrative Code, Title 1, Chapters 113 and 114.

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Federal Regulations

The Code of Federal Regulations (CFR) provides that TxDOT can be reimbursed the cost of outsourcing on Federally approved projects. Reimbursement to a state agency for the costs of a Federally approved project, including the cost of contracting for private acquisition services, is provided in 23 CFR 710.203.

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