81R1090 DRH-D
By: Flynn H.B. No. 78
A BILL TO BE ENTITLED
AN ACT
relating to the amount of a county expenditure for which
competitive bidding is required.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 262.003(a), Local Government Code, is
amended to read as follows:
(a) Any law that requires a county to follow a competitive
bidding procedure in making a purchase requiring the expenditure of
$50,000 [$25,000] or less does not apply to the purchase of an item
available for purchase from only one supplier.
SECTION 2. Section 262.023(a), Local Government Code, is
amended to read as follows:
(a) Before a county may purchase one or more items under a
contract that will require an expenditure exceeding $50,000
[$25,000], the commissioners court of the county must:
(1) comply with the competitive bidding or competitive
proposal procedures prescribed by this subchapter;
(2) use the reverse auction procedure, as defined by
Section 2155.062(d), Government Code, for purchasing; or
(3) comply with a method described by Subchapter H,
Chapter 271.
SECTION 3. Section 271.024, Local Government Code, is
amended to read as follows:
Sec. 271.024. COMPETITIVE BIDDING PROCEDURE APPLICABLE TO
CONTRACT. The bidding of [If a governmental entity is required by
statute to award] a contract awarded by a governmental entity for
the construction, repair, or renovation of a structure, road,
highway, or other improvement or addition to real property [on the
basis of competitive bids, and if the contract requires the
expenditure of more than $25,000 from the funds of the entity, the
bidding on the contract] must be accomplished in the manner
provided by this subchapter if:
(1) a statute requires the governmental entity to
award the contract on the basis of competitive bids; and
(2) the contract requires the expenditure of more
than:
(A) $25,000 from the funds of a governmental
entity other than a county; or
(B) $50,000 from the funds of a county.
SECTION 4. Section 363.156(b), Local Government Code, is
amended to read as follows:
(b) To the extent competitive bidding procedures in Title 8
apply, the board may not enter purchasing contracts that involve
spending more than $50,000 [$25,000] unless the board complies
with:
(1) Subchapter C, Chapter 262, if the district was
created by a county; or
(2) Chapter 252, if the district was created by a
municipality.
SECTION 5. The change in law made by this Act applies only
to a contract awarded on or after the effective date of this Act.
SECTION 6. This Act takes effect September 1, 2009.