By: Coleman (Senate Sponsor - West) H.B. No. 3487
(In the Senate - Received from the House May 6, 2009;
May 7, 2009, read first time and referred to Committee on
Intergovernmental Relations; May 18, 2009, reported adversely,
with favorable Committee Substitute by the following vote: Yeas 5,
Nays 0; May 18, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 3487 By: West
A BILL TO BE ENTITLED
AN ACT
relating to the purchasing and contracting authority of counties;
providing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 262.002, Local Government Code, is
amended to read as follows:
Sec. 262.002. AUTHORITY TO COOPERATIVELY PURCHASE GOODS
[ROAD EQUIPMENT] AND SERVICES [TIRES THROUGH COMPTROLLER]. (a) A
county may purchase an item through a cooperative purchasing
program. The program must use a competitive bidding procedure if
the item is otherwise required by law to be purchased through a
competitive bidding procedure. [The commissioners court of a county
may purchase through the comptroller road machinery and equipment,
tires, and tubes to be used by the county.]
(b) A county may purchase an item according to a competitive
bidding procedure promulgated by an authorized state agency if the
item is otherwise required by law to be purchased through a
competitive bidding procedure. [The commission must purchase an
item under this section on competitive bids and in accordance with
any rules of the commission.]
(c) A county may purchase an item cooperatively through an
interlocal agreement. The agreement must provide for a competitive
bidding procedure if the item is otherwise required by law to be
purchased through a competitive bidding procedure. [A purchase
under this section must be made on the requisition of the
commissioners court. When the court sends the requisition to the
commission, the court must include with the requisition a general
description of the item desired and a certification of the funds
available to pay for the item.]
(d) A cooperative purchase under this section does not
violate competitive bidding statutes. [The commission may adopt
rules to carry out the purpose of this section.]
SECTION 2. Section 262.003, Local Government Code, is
amended to read as follows:
Sec. 262.003. SMALL, SOLE-SOURCE PURCHASE EXEMPT FROM
COMPETITIVE BIDDING. [(a) Any law that requires a county to follow
a competitive bidding procedure in making a purchase requiring the
expenditure of $25,000 or less does not apply to the purchase of an
item available for purchase from only one supplier.
[(b)] If a county makes a sole-source purchase as described
by Section 262.024(a)(7) [covered by Subsection (a)], the county
auditor or other appropriate county officer or employee may not
refuse payment for the purchase because a competitive bidding
procedure was not followed.
SECTION 3. Section 262.011, Local Government Code, is
amended by amending Subsections (f), (g), (k), (m), and (o) and
adding Subsection (q) to read as follows:
(f) A purchase made by the county purchasing agent shall be
paid for by an electronic transfer, check, or [a] warrant drawn by
the county auditor on funds in the county treasury in the manner
provided by law. The county auditor may not draw and the county
treasurer may not honor an electronic transfer, check, or [a]
warrant for a purchase unless the purchase is made by the county
purchasing agent or on competitive bid as provided by law.
(g) The county purchasing agent may cooperate with the
purchasing agent of a municipality in the county to purchase any
item in volume as may be necessary. The county treasurer shall
honor an electronic transfer, check, or [a] warrant drawn by the
county auditor to reimburse the municipality's purchasing agent
making the purchase for the county.
(k) The board that appoints the county purchasing agent
shall set the salary of the agent in an amount not less than $5,000 a
year, payable in equal monthly installments or by any other
distribution at the option of the county. The salary shall be paid
by an electronic transfer, check, or warrant [warrants] drawn on
funds in the county treasury.
(m) A person, including an officer, agent, or employee of a
county or of a subdivision or department of a county, commits an
offense if the person violates this section. An offense under this
subsection is a misdemeanor punishable by a fine of not less than
$10 or more than $100[, by confinement in the county jail for not
less than 30 days or more than one year, or by both the fine and
confinement]. Each act in violation of this section is a separate
offense.
(o) The county purchasing agent shall adopt the rules and
procedures necessary to implement the agent's duties under this
section subject to approval by the commissioners court.
Notwithstanding Subsection (f) or other law, rules and procedures
adopted under this subsection may include rules and procedures for
persons to use county purchasing cards to pay for county purchases
under the direction and supervision of the county purchasing agent.
Procedures for use of purchasing cards may not avoid the
competitive bidding requirements of this chapter or other
requirements of county financial law.
(q) An electronic transfer under this chapter must provide
the same level of internal controls and statutory authorizations as
required for a check or warrant.
SECTION 4. Sections 262.0115(d) and (e), Local Government
Code, are amended to read as follows:
(d) Under the supervision of the commissioners court, the
purchasing agent shall carry out the functions prescribed by law
for a purchasing agent under Section 262.011 and for any
ministerial function of the county auditor in regard to county
purchases and contracts and shall administer the procedures
prescribed by law for notice and public bidding for county
purchases and contracts.
(e) A county that has established the position of county
purchasing agent under this section may abolish the position at any
time. On the abolition of the position, the county auditor shall
assume the rights and responsibilities of bid or proposal notice
and opening under this chapter and Chapter 271 [functions
previously performed by the purchasing agent].
SECTION 5. Section 262.012, Local Government Code, is
amended to read as follows:
Sec. 262.012. [COUNTY AUDITORS AS] PURCHASING AGENTS IN
[CERTAIN] COUNTIES WITH POPULATION OF 100,000 OR LESS. (a) In a
county with a population of 100,000 or less:
(1) a county auditor may, on request of the
commissioners court, assume purchasing responsibilities [The
commissioners court of a county that employs a county auditor
jointly with one or more counties under Section 84.008 may require
the auditor to act as the purchasing agent] for the county, in
addition to performing the regular duties of the auditor as
required by law; or
(2) the commissioners court may employ a person to
serve as county purchasing agent at the pleasure of the
commissioners court.
(b) A purchasing agent employed under Subsection (a)(2):
(1) acts under the commissioners court's supervision;
(2) carries out the functions prescribed by law for
county purchases and contracts; and
(3) administers public notice and bidding procedures
for a county purchase or contract. [In a county with a population
of 41,680 to 42,100, the county auditor shall act as the purchasing
agent for the county in addition to performing the regular duties of
the auditor as required by law.]
(c) This section applies only to a county in which a county
purchasing agent has not been appointed under Section 262.011.
SECTION 6. Subchapter B, Chapter 262, Local Government
Code, is amended by adding Section 262.013 to read as follows:
Sec. 262.013. QUALIFICATION. A person authorized to make a
purchase on behalf of a county or a county department or office may
not make any purchase until providing to the county or county
department or office a signed acknowledgment that the person
understands the requirements of this chapter and Chapters 263, 270,
and 271. The acknowledgment must be maintained in the person's
personnel file or with the official bond of an elected or appointed
official.
SECTION 7. Section 262.022, Local Government Code, is
amended by adding Subdivisions (3-a), (5-a), and (5-b) and amending
Subdivisions (5) and (6) to read as follows:
(3-a) "Day" means a calendar day unless otherwise
designated.
(5) "Item" means any service, equipment, good, or
other tangible or intangible personal property, including
insurance and high technology items. The term does not include
professional services as defined by Section 2254.002, Government
Code.
(5-a) "Lowest and best" means a bid or offer providing
the best value considering associated direct and indirect costs,
including transport, maintenance, reliability, life cycle,
warranties, and customer service after a sale.
(5-b) "Normal purchasing practice" means:
(A) an accepted custom, practice, or standard for
government procurement in the state; or
(B) a practice recognized by the National
Institute of Government Purchasing regarding the purchase of a
particular good or service.
(6) "Purchase" means any kind of acquisition,
including a lease, of an item regardless of the generation or return
of revenue to the county.
SECTION 8. Section 262.0225, Local Government Code, is
amended by adding Subsection (d) to read as follows:
(d) A county that complies with the competitive bidding
requirements of this chapter and receives no responsive bids for an
item may procure the item under Section 262.0245.
SECTION 9. Section 262.023, Local Government Code, is
amended by amending Subsection (c) and adding Subsections (d) and
(e) to read as follows:
(c) Under this section, a person is presumed to have intent
to avoid the competitive bidding requirement if:
(1) the person makes separate, sequential, or
component purchases of items for that person's office or department
within a single fiscal year;
(2) the office or department budget for similar items
exceeds the competitive bidding threshold; and
(3) the purchase is not office supplies [In applying
the requirements established by Subsection (a), all separate,
sequential, or component purchases of items ordered or purchased,
with the intent of avoiding the requirements of this subchapter,
from the same supplier by the same county officer, department, or
institution are treated as if they are part of a single purchase and
of a single contract. In applying this provision to the purchase of
office supplies, separate purchases of supplies by an individual
department are not considered to be part of a single purchase and
single contract by the county if a specific intent to avoid the
requirements of this subchapter is not present].
(d) A person may rebut the presumption under Subsection (c)
if the person:
(1) timely obtained an exemption for the purchases
from the commissioners court under Section 262.024;
(2) initiated competitive bidding procedures within a
reasonable time after reaching the competitive bidding threshold;
or
(3) complied with a routine competitive procurement
practice adopted by the county purchasing agent or commissioners
court under Section 262.0245.
(e) In applying the requirements established in Subsection
(a), "expenditure" means the final price to be paid for the item or
items purchased.
SECTION 10. Section 262.024, Local Government Code, is
amended by amending Subsections (a), (b), and (d) and adding
Subsection (b-1) to read as follows:
(a) A contract for the purchase of any of the following
items is exempt from the requirement established by Section 262.023
if the commissioners court by order grants the exemption:
(1) an item that must be purchased in a case of public
calamity if it is necessary to make the purchase promptly to relieve
the necessity of the citizens or to preserve the property of the
county;
(2) an item necessary to preserve or protect the
public health or safety of the residents of the county;
(3) an item necessary because of unforeseen damage to
public property;
(4) a personal or professional service;
(5) any individual work performed and paid for by the
day, as the work progresses, provided that no individual is
compensated under this subsection for more than 20 working days in
any three month period;
(6) any land or right-of-way;
(7) an item that can be obtained from only one source,
including:
(A) items for which competition is precluded
because of the existence of patents, copyrights, secret processes,
or monopolies;
(B) films, manuscripts, or books;
(C) electric power, gas, water, and other utility
services; and
(D) captive replacement parts or components for
equipment;
(8) an item of food;
(9) personal property sold:
(A) at an auction by a state licensed auctioneer
or in a commercial online auction available to the general public;
(B) at a going out of business sale held in
compliance with Subchapter F, Chapter 17, Business & Commerce Code;
or
(C) by a political subdivision of this state, a
state agency of this state, or an entity of the federal government;
(10) any work performed under a contract for community
and economic development made by a county under Section 381.004;
[or]
(11) vehicle and equipment repairs; or
(12) transportation and lodging purchased in
compliance with travel policies adopted by the commissioners court.
(b) The renewal or extension of an [a lease or of an
equipment maintenance] agreement to purchase equipment, supplies,
or maintenance service is exempt from the requirement established
by Section 262.023 if the commissioners court by order grants the
exemption and if:
(1) [the lease or agreement has gone through the
competitive bidding procedure within the preceding year;
[(2)] the renewal or extension does not exceed one
year; and
(2) [(3)] the renewal or extension is the first or
second renewal or extension of the [lease or] agreement.
(b-1) The renewal or extension of an agreement to purchase
equipment, supplies, or maintenance service initially obtained
through a competitive bidding process is exempt from the
requirement established by Section 262.023.
(d) The exemption granted under Subsection (a)(8) of this
section shall apply only to the sealed competitive bidding
requirements on food purchases. Counties shall solicit at least
three bids for purchases of food items by telephone or written
quotation at intervals specified by the commissioners court.
Counties shall award food purchase contracts to the responsible
bidder who submits the lowest and best bid or shall reject all bids
and repeat the bidding process, as provided by this subsection. The
purchasing officer taking telephone or written bids under this
subsection shall maintain, on a form approved by the commissioners
court, a record of all bids solicited and the vendors contacted.
This record may be [shall be kept in the purchasing office for a
period of at least one year or until] audited by the county auditor.
SECTION 11. Section 262.0245, Local Government Code, is
amended to read as follows:
Sec. 262.0245. COMPETITIVE BIDDING PROCEDURES ADOPTED BY
COUNTY PURCHASING AGENTS OR COMMISSIONERS COURT. A county
purchasing agent or, in a county without a purchasing agent, the
commissioners court shall adopt procedures that provide for
competitive procurement [bidding], to the extent practicable under
the circumstances, for the county purchase of an item [under a
contract] that is not subject to competitive bidding under Section
262.023 or for which the county receives no responsive bid.
SECTION 12. Section 262.025, Local Government Code, is
amended by amending Subsection (a) and adding Subsections (a-1),
(b-1), and (b-2) to read as follows:
(a) A notice of a proposed purchase must be published at
least once [a week] in a newspaper of general circulation in the
county, with the first day of publication occurring at least 14 days
before the [14th day before the] date of the bid opening. If there
is no newspaper of general circulation in the county, the notice
must be posted in a [prominent] place described by Section 51.002,
Property Code, [in the courthouse] for 14 days before the date of
the bid opening. Notice published in a newspaper under this section
must include:
(1) a general statement of the proposed purchase;
(2) the name and telephone number of the purchasing
agent; and
(3) the county website address, if any.
(a-1) Nothing in Subsection (a) shall be construed to
require more than one notice in one newspaper or to limit the county
from providing additional notice for longer periods or in more
locations.
(b-1) If a county maintains an Internet website, the county,
instead of meeting the publication requirements under Subsection
(a), may:
(1) publish notice in a newspaper described by
Subsection (a) once not later than the 14th day before the bid
receipt deadline; and
(2) post notice continuously on its website for at
least 14 days immediately preceding the bid receipt deadline.
(b-2) The newspaper notice under Subsection (b-1) must
include the time and place at which the bids will be publicly opened
and the website address for the procurement information.
SECTION 13. Section 262.0255, Local Government Code, is
amended by adding Subsection (c) to read as follows:
(c) A commissioners court purchasing earth-moving,
material-handling, road maintenance, or construction equipment
under Section 271.083 of this code or Section 791.025, Government
Code, may negotiate with a vendor awarded a cooperative contract
under those sections an agreement for the vendor to purchase or
accept as trade used equipment owned by the county.
SECTION 14. Section 262.0256, Local Government Code, as
amended by Chapters 660 (H.B. 2242) and 725 (H.B. 3089), Acts of the
78th Legislature, Regular Session, 2003, is reenacted and amended
to read as follows:
Sec. 262.0256. PRE-BID CONFERENCE FOR CERTAIN COUNTIES OR A
DISTRICT GOVERNED BY THOSE COUNTIES. (a) [This section applies
only to a county with a population of 2.8 million or more.
[(b)] The commissioners court of the county or the governing
body of a district or authority created under Section 59, Article
XVI, Texas Constitution, if the governing body is the commissioners
court of the county in which the district is located, may require a
principal, officer, or employee of each prospective bidder to
attend a mandatory pre-bid conference conducted for the purpose of
discussing contract requirements and answering questions of
prospective bidders.
(b) [(c)] After a conference is conducted under Subsection
(a) [(b)], any additional required notice for the proposed purchase
may be sent by certified mail, return receipt requested, only to
prospective bidders who attended the conference. Notice under this
subsection is not subject to the requirements of Section 262.025.
SECTION 15. Section 262.026(b), Local Government Code, is
amended to read as follows:
(b) Opened bids shall be kept on file and available for
inspection by anyone desiring to see them until the first
anniversary of the date of opening.
SECTION 16. Section 262.027, Local Government Code, is
amended by amending Subsection (c) and adding Subsection (g) to
read as follows:
(c) A contract may not be awarded to a bidder who is not the
lowest dollar bidder meeting specifications unless, before the
award, each lower bidder is given:
(1) notice of the proposed award;
(2) the purchasing agent's evaluation and
recommendation to the commissioners court or the commissioners
court's evaluation of the bid as lowest and best; and
(3) [is given] an opportunity to appear before the
commissioners court and present previously unconsidered evidence
concerning the value of the lower bid, which may include evidence of
the bidder's responsibility.
(g) If after the award the successful bidder fails to
qualify for required bonds, or is otherwise unable to meet the
requirements of the award, the commissioners court may award the
contract to the next bidder in order of ranking as lowest and best
bid.
SECTION 17. Section 262.0271(b), Local Government Code, is
amended to read as follows:
(b) In purchasing items under this chapter through a
competitive bidding process, if a county receives one or more bids
from a bidder who provides reasonable [comparable] health insurance
coverage to its employees and requires a subcontractor the bidder
intends to use to provide reasonable [comparable] health insurance
coverage to the subcontractor's employees and whose bid is within
five percent of the lowest and best bid price received by the county
from a bidder who does not provide or require reasonable
[comparable] health insurance coverage, the commissioners court of
the county may give preference to the bidder who provides and
requires reasonable [comparable] health insurance coverage.
SECTION 18. Section 262.0276, Local Government Code, is
amended by amending Subsection (a) and adding Subsection (d) to
read as follows:
(a) By an order adopted and entered in the minutes of the
commissioners court and after notice is published in a newspaper of
general circulation in the county, the commissioners court may
adopt rules permitting the county to refuse to enter into a contract
or other transaction with a person who owes a debt [indebted] to the
county.
(d) In this section, "debt" includes delinquent taxes,
fines, fees, and indebtedness arising from written agreements with
the county.
SECTION 19. Section 262.0295(d), Local Government Code, is
amended to read as follows:
(d) Within 30 days after the date the unpriced proposals are
opened under Subsection (c), the county official shall present the
priced bids to the commissioners court. The award of the contract
shall be made to the responsible offeror whose bid is determined to
be the lowest and best evaluated offer resulting from negotiation.
All proposals and bids that have been submitted shall be available
and open for public inspection after the contract is awarded.
SECTION 20. Section 262.030(b), Local Government Code, is
amended to read as follows:
(b) Quotations must be solicited through a request for
proposals. Public notice for the request for proposals must be made
in the same manner as provided in the competitive bidding
procedure. The request for proposals must specify the relative
importance of price and other evaluation factors. The award of the
contract shall be made to the responsible offeror whose proposal is
determined to be the lowest and best evaluated offer resulting from
negotiation, taking into consideration the relative importance of
price and other evaluation factors set forth in the request for
proposals.
SECTION 21. Section 262.032, Local Government Code, is
amended by adding Subsection (e) to read as follows:
(e) The commissioners court may establish financial
criteria for accepting surety companies that provide bid, payment,
or performance bonds.
SECTION 22. Section 262.034, Local Government Code, is
amended to read as follows:
Sec. 262.034. CRIMINAL PENALTIES. (a) A county officer or
employee commits an offense if the officer or employee
intentionally or knowingly:
(1) violates Section 262.023; or
(2) makes or authorizes separate, sequential, or
component purchases to avoid the competitive bidding requirements
of Section 262.023.
(b) Except as provided by Subsection (c), an offense under
this section is a Class C misdemeanor.
(c) An offense under this section [subsection]is:
(1) a Class B misdemeanor if the officer or employee
has a personal relationship with the selected vendor that has not
been previously disclosed to and approved by the appropriate
governing body; or
(2) a Class A misdemeanor if the officer or employee
receives or has received from the vendor a benefit as defined by
Section 1.07, Penal Code, not provided to all employees.
(d) For purposes of this section, "personal relationship"
means a connection by blood, marriage, business, or friendship with
another person or business entity such that the officer or employee
has a direct and substantial interest in the welfare of that person
or business entity.
(e) This section does not apply to a purchase that complies
with a procedure adopted under Section 262.0245.
[(b) A county officer or employee commits an offense if the
officer or employee intentionally or knowingly violates Section
262.023, other than by conduct described by Subsection (a). An
offense under this subsection is a Class B misdemeanor.
[(c) A county officer or employee commits an offense if the
officer or employee intentionally or knowingly violates this
subchapter, other than by conduct described by Subsection (a) or
(b). An offense under this subsection is a Class C misdemeanor.]
SECTION 23. Section 262.036(a), Local Government Code, is
amended to read as follows:
(a) Notwithstanding any other provision in this chapter, a
county [with a population of 800,000 or more] may select an
appropriately licensed insurance agent as the sole broker of record
to obtain proposals and coverages for insurance that provides
necessary coverage and adequate limits of coverage in all areas of
risk, including public official liability, property, casualty,
workers' compensation, and specific and aggregate stop-loss
coverage for self-funded health care.
SECTION 24. Section 271.025(e), Local Government Code, is
amended to read as follows:
(e) A [In a county with a population of 3.3 million or more,
the] county and any district or authority created under Article
XVI, Section 59, of the Texas Constitution of which the governing
body is the commissioners court may require that a minimum of 25
percent of the work be performed by the bidder and, notwithstanding
any other law to the contrary, may establish financial criteria for
the surety companies that provide payment and performance bonds.
SECTION 25. Section 271.029, Local Government Code, is
amended to read as follows:
Sec. 271.029. CRIMINAL PENALTIES. (a) An officer or
employee [of a governmental entity] commits an offense if the
officer or employee intentionally or knowingly:
(1) violates Section 271.024; or
(2) makes or authorizes separate, sequential, or
component purchases to avoid the competitive bidding requirements
of the statute that requires a contract described by Section
271.024 [to be awarded on the basis of competitive bids].
(b) Except as provided by Subsection (c), an offense under
this section is a Class C misdemeanor.
(c) An offense under this subsection is:
(1) a Class B misdemeanor if the officer or employee
has a personal relationship with the selected vendor that has not
been previously disclosed to and approved by the appropriate
governing body; or
(2) a Class A misdemeanor if the officer or employee
receives or has received from the vendor a benefit as defined in
Section 1.07, Penal Code, not provided to all employees.
(d) For purposes of this section, "personal relationship"
means a connection by blood, marriage, business, or friendship with
another person or business entity such that the officer or employee
has a direct and substantial interest in the welfare of that person
or business entity.
(e) This section does not apply to a purchase that complies
with a procedure adopted under Section 271.024.
[(b) An officer or employee of a governmental entity commits
an offense if the officer or employee intentionally or knowingly
violates the competitive bidding requirements of the statute that
requires a contract described by Section 271.024 to be awarded on
the basis of competitive bids, other than by conduct described by
Subsection (a). An offense under this subsection is a Class B
misdemeanor.
[(c) An officer or employee of a governmental entity commits
an offense if the officer or employee intentionally or knowingly
violates this subchapter, other than by conduct described by
Subsection (a) or (b). An offense under this subsection is a Class
C misdemeanor.]
SECTION 26. Section 271.042, Local Government Code, is
amended by amending Subsection (b) and adding Subsection (c) to
read as follows:
(b) If there is a conflict between a provision of this
subchapter and a provision of Chapter 252 or 262, an issuer may use
either provision, and it is not necessary for the governing body to
designate the law under which action is being taken.
(c) Notwithstanding Subsection (b), for purposes of
enforcement or penalty, a county official or employee is presumed
to act under Chapter 262.
SECTION 27. Section 271.055(e), Local Government Code, is
amended to read as follows:
(e) A [In a county with a population of 3.3 million or more,
the] county and any district or authority created under Article
XVI, Section 59, of the Texas Constitution of which the governing
body is the commissioners court may require that a minimum of 25
percent of the work be performed by the bidder and, notwithstanding
any other law to the contrary, may establish financial criteria for
the surety companies that provide payment and performance bonds.
SECTION 28. Section 271.064, Local Government Code, is
amended to read as follows:
Sec. 271.064. CRIMINAL PENALTIES. (a) An officer or
employee of an issuer commits an offense if the officer or employee
intentionally or knowingly:
(1) violates Section 271.054; or
(2) makes or authorizes separate, sequential, or
component purchases to avoid the competitive bidding requirements
of Section 271.054.
(b) Except as provided by Subsection (c), an offense under
this section is a Class C misdemeanor.
(c) An offense under this section [subsection] is:
(1) a Class B misdemeanor if the officer or employee
has a personal relationship with the selected vendor that has not
been previously disclosed to and approved by the appropriate
governing body; or
(2) a Class A misdemeanor if the officer or employee
receives or has received from the vendor a benefit as defined in
Section 1.07, Penal Code, not provided to all employees.
(d) For purposes of this section, "personal relationship"
means a connection by blood, marriage, business, or friendship with
another person or business entity such that the officer or employee
has a direct and substantial interest in the welfare of that person
or business entity.
(e) This section does not apply to a purchase that complies
with a procedure adopted under Section 271.054.
[(b) An officer or employee of an issuer commits an offense
if the officer or employee intentionally or knowingly violates
Section 271.054, other than by conduct described by Subsection (a).
An offense under this subsection is a Class B misdemeanor.
[(c) An officer or employee of an issuer commits an offense
if the officer or employee intentionally or knowingly violates this
subchapter, other than by conduct described by Subsection (a) or
(b). An offense under this subsection is a Class C misdemeanor.]
SECTION 29. Section 252.312, Transportation Code, is
amended by amending Subsection (b) and adding Subsection (d) to
read as follows:
(b) If the county road engineer so recommends and the
commissioners court considers it to be in the best interest of the
county, a purchase in an amount of $25,000 or less may be made
through negotiation by the commissioners court or the court's
authorized representative under Subchapter B, Chapter 262, Local
Government Code, on requisition to be approved by the commissioners
court [or the county auditor] without advertising for competitive
bids.
(d) The cost under this section is the final amount of the
payment for the purchase.
SECTION 30. Sections 262.0295(a)(3), 262.035, 271.030, and
271.065, Local Government Code, are repealed.
SECTION 31. The changes in law made by this Act apply only
to purchases made or a bid deadline that occurs on or after
September 1, 2009. A purchase made or a bid deadline that occurs
before September 1, 2009, is governed by the law as it existed
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
SECTION 32. (a) Notwithstanding Section 31 of this Act, the
changes in law made by this Act to Sections 262.034, 271.029, and
271.064, Local Government Code, apply only to an offense committed
on or after the effective date of this Act. For purposes of this
section, an offense is committed before the effective date of this
Act if any element of the offense occurs before that date.
(b) An offense committed before the effective date of this
Act is covered by the law in effect immediately before the effective
date of this Act, and the former law is continued in effect for that
purpose.
SECTION 33. This Act takes effect September 1, 2009.
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