(a) In this section, "private design professional" has the meaning assigned by Section 2252.905.
(b) Before the Texas Department of Transportation may make a determination under this subchapter that a private design professional is precluded from performing a contract for architectural or engineering services or from participating in a procurement for those services, the department must adopt a written preclusion policy.
(c) A policy under this section must:
(1) be published or distributed in a manner that ensures that private design professionals in this state are aware of the policy;
(2) provide that the private design professional be notified in writing at the time the Texas Department of Transportation determines that a potential basis for preclusion exists; and
(3) provide for an appeals process by which the private design professional is given a reasonable amount of time to establish that no basis for preclusion under the policy exists.