| 1 | 1 | | H.B. No. 2082 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to consideration of contract amount and bidder's principal |
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| 6 | 6 | | place of business in awarding certain municipal contracts. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 271.9051(b), Local Government Code, is |
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| 9 | 9 | | amended to read as follows: |
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| 10 | 10 | | (b) In purchasing under this title any real property, |
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| 11 | 11 | | personal property that is not affixed to real property, or |
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| 12 | 12 | | services, if a municipality receives one or more competitive sealed |
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| 13 | 13 | | bids from a bidder whose principal place of business is in the |
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| 14 | 14 | | municipality and whose bid is within five percent of the lowest bid |
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| 15 | 15 | | price received by the municipality from a bidder who is not a |
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| 16 | 16 | | resident of the municipality, the municipality may enter into a |
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| 17 | 17 | | contract for an expenditure of less than $100,000 with: |
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| 18 | 18 | | (1) the lowest bidder; or |
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| 19 | 19 | | (2) the bidder whose principal place of business is in |
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| 20 | 20 | | the municipality if the governing body of the municipality |
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| 21 | 21 | | determines, in writing, that the local bidder offers the |
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| 22 | 22 | | municipality the best combination of contract price and additional |
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| 23 | 23 | | economic development opportunities for the municipality created by |
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| 24 | 24 | | the contract award, including the employment of residents of the |
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| 25 | 25 | | municipality and increased tax revenues to the municipality. |
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| 26 | 26 | | SECTION 2. This Act takes effect immediately if it receives |
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| 27 | 27 | | a vote of two-thirds of all the members elected to each house, as |
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| 28 | 28 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 29 | 29 | | Act does not receive the vote necessary for immediate effect, this |
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| 30 | 30 | | Act takes effect September 1, 2009. |
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| 31 | 31 | | ______________________________ ______________________________ |
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| 32 | 32 | | President of the Senate Speaker of the House |
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| 33 | 33 | | I certify that H.B. No. 2082 was passed by the House on April |
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| 34 | 34 | | 28, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not |
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| 35 | 35 | | voting. |
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| 36 | 36 | | ______________________________ |
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| 37 | 37 | | Chief Clerk of the House |
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| 38 | 38 | | I certify that H.B. No. 2082 was passed by the Senate on May |
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| 39 | 39 | | 27, 2009, by the following vote: Yeas 31, Nays 0. |
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| 40 | 40 | | ______________________________ |
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| 41 | 41 | | Secretary of the Senate |
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| 42 | 42 | | APPROVED: _____________________ |
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| 43 | 43 | | Date |
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| 44 | 44 | | _____________________ |
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| 45 | 45 | | Governor |
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