(a) Except as provided by Subsection (d), in awarding a contract to a private sector provider, the department shall give preference to a private sector provider if:
(1) the preference serves to create a positive economic impact on job growth and job retention in this state;
(2) the transportation project for which the contract is being awarded is funded entirely from:
(A) state funds;
(B) local funds; or
(C) a combination of state and local funds; and
(3) the amount of the bid or proposal of the provider does not exceed an amount equal to 105 percent of the lowest bid or proposal received by the department for the transportation project.
(b) The department, in determining whether the preference under Subsection (a) serves to create a positive economic impact on job growth and job retention in this state, may consider a private sector provider’s employment presence and business establishments in this state.

(c) This section does not apply to the procurement of professional services under Subchapter A, Chapter 2254, Government Code.
(d) The department may not give a preference under this section if:
(1) as a result of the preference, a private sector provider would not be awarded a contract; and
(2) the principal place of business of the private sector provider described by Subdivision (1) is located in a state that:
(A) borders this state; and
(B) does not give a preference to private sector providers in a manner similar to this section.