Texas 2009 - 81st Regular

Texas House Bill HB2355 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R9227 JTS-F
2	2	By: Kent H.B. No. 2355
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the purchase of cement or cement products by certain
8	8	governmental entities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter E, Chapter 382, Health and Safety
11	11	Code, is amended by adding Section 382.116 to read as follows:
12	12	Sec. 382.116. AUTHORITY OF GOVERNMENTAL AGENCIES WITH
13	13	REGARD TO CEMENT PURCHASING. Notwithstanding any other law, a
14	14	municipality under Section 252.043, Local Government Code, a county
15	15	under Section 262.027, Local Government Code, a governmental agency
16	16	under Section 271.907, Local Government Code, and a school district
17	17	under Section 44.031, Education Code, may implement procurement
18	18	policies with respect to the purchase of cement relating to the
19	19	cement manufacturing processes and the air contaminant emissions
20	20	associated with the manufacture of the cement.
21	21	SECTION 2. Section 252.043, Local Government Code, is
22	22	amended by adding Subsection (c-1) to read as follows:
23	23	(c-1) In addition to the criteria listed in Subsections (a)
24	24	and (b), when awarding a contract for the purchase of cement or for
25	25	construction services requiring the purchase and use of cement or
26	26	cement products, a municipality may also consider the impact of the
27	27	cement's manufacture on air quality in the municipality, including
28	28	by considering:
29	29	(1) the manufacturing process used for the cement; and
30	30	(2) the air contaminant emissions associated with the
31	31	manufacture of the cement.
32	32	SECTION 3. Section 262.027, Local Government Code, is
33	33	amended by amending Subsection (a) and adding Subsection (e-1) to
34	34	read as follows:
35	35	(a) The officer in charge of opening the bids shall present
36	36	them to the commissioners court in session. Except as provided by
37	37	Subsections [Subsection] (e) and (e-1), the court shall:
38	38	(1) award the contract to the responsible bidder who
39	39	submits the lowest and best bid; or
40	40	(2) reject all bids and publish a new notice.
41	41	(e-1) When awarding a contract for the purchase of cement or
42	42	for construction services requiring the purchase and use of cement
43	43	or cement products, the commissioners court may consider the impact
44	44	of the cement's manufacture on air quality in the county, including
45	45	by considering:
46	46	(1) the manufacturing process used for the cement; and
47	47	(2) the air contaminant emissions associated with the
48	48	manufacture of the cement.
49	49	SECTION 4. Section 271.907, Local Government Code, is
50	50	amended by amending Subsection (d) and adding Subsection (c-1) to
51	51	read as follows:
52	52	(c-1) In addition to the considerations under Subsection
53	53	(c), a governmental entity procuring cement may give a preference
54	54	to cement from a vendor based on:
55	55	(1) the manufacturing process used for the vendor's
56	56	cement; or
57	57	(2) the air contaminant emissions associated with the
58	58	manufacture of the vendor's cement.
59	59	(d) The preferences authorized by this section [preference]
60	60	may be given only if the cost to the governmental agency for the
61	61	entire project for which the goods or services will be used would
62	62	not exceed 105 percent of the cost of the entire project if goods or
63	63	services provided by a vendor who does not meet the standards were
64	64	used.
65	65	SECTION 5. Section 44.031, Education Code, is amended by
66	66	adding Subsection (b-2) to read as follows:
67	67	(b-2) In addition to the criteria listed in Subsection (b),
68	68	when awarding a contract for the purchase of cement or for
69	69	construction services requiring the purchase and use of cement or
70	70	cement products, a district may also consider the impact of the
71	71	cement's manufacture on air quality in the municipality in which
72	72	the district is located, including by considering:
73	73	(1) the manufacturing process used for the cement; and
74	74	(2) the air contaminant emissions associated with the
75	75	manufacture of the cement.
76	76	SECTION 6. This Act takes effect immediately if it receives
77	77	a vote of two-thirds of all the members elected to each house, as
78	78	provided by Section 39, Article III, Texas Constitution. If this
79	79	Act does not receive the vote necessary for immediate effect, this
80	80	Act takes effect September 1, 2009.