By: Hopson (Senate Sponsor - Nichols) H.B. No. 3668
(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 favorably by
the following vote: Yeas 5, Nays 0; May 18, 2009, sent to
printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the injunction of municipal purchasing contracts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 252.061, Local Government Code, is
amended to read as follows:
Sec. 252.061. INJUNCTION. If the contract is made without
compliance with this chapter, it is void and the performance of the
contract, including the payment of any money under the contract,
may be enjoined by:
(1) any property tax paying resident of the
municipality; or
(2) a person who submitted a bid for a contract for
which the competitive sealed bidding requirement applies,
regardless of residency, if the contract is for the construction of
public works.
SECTION 2. The change in law made by this Act applies only
to a contract entered into on or after the effective date of this
Act. A contract entered into before the effective date of this Act
is governed by the law in effect immediately before that date, and
the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.
* * * * *