| 1 | 1 | | 81R1090 DRH-D |
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| 2 | 2 | | By: Flynn H.B. No. 78 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the amount of a county expenditure for which |
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| 8 | 8 | | competitive bidding is required. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 262.003(a), Local Government Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) Any law that requires a county to follow a competitive |
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| 13 | 13 | | bidding procedure in making a purchase requiring the expenditure of |
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| 14 | 14 | | $50,000 [$25,000] or less does not apply to the purchase of an item |
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| 15 | 15 | | available for purchase from only one supplier. |
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| 16 | 16 | | SECTION 2. Section 262.023(a), Local Government Code, is |
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| 17 | 17 | | amended to read as follows: |
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| 18 | 18 | | (a) Before a county may purchase one or more items under a |
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| 19 | 19 | | contract that will require an expenditure exceeding $50,000 |
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| 20 | 20 | | [$25,000], the commissioners court of the county must: |
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| 21 | 21 | | (1) comply with the competitive bidding or competitive |
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| 22 | 22 | | proposal procedures prescribed by this subchapter; |
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| 23 | 23 | | (2) use the reverse auction procedure, as defined by |
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| 24 | 24 | | Section 2155.062(d), Government Code, for purchasing; or |
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| 25 | 25 | | (3) comply with a method described by Subchapter H, |
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| 26 | 26 | | Chapter 271. |
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| 27 | 27 | | SECTION 3. Section 271.024, Local Government Code, is |
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| 28 | 28 | | amended to read as follows: |
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| 29 | 29 | | Sec. 271.024. COMPETITIVE BIDDING PROCEDURE APPLICABLE TO |
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| 30 | 30 | | CONTRACT. The bidding of [If a governmental entity is required by |
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| 31 | 31 | | statute to award] a contract awarded by a governmental entity for |
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| 32 | 32 | | the construction, repair, or renovation of a structure, road, |
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| 33 | 33 | | highway, or other improvement or addition to real property [on the |
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| 34 | 34 | | basis of competitive bids, and if the contract requires the |
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| 35 | 35 | | expenditure of more than $25,000 from the funds of the entity, the |
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| 36 | 36 | | bidding on the contract] must be accomplished in the manner |
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| 37 | 37 | | provided by this subchapter if: |
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| 38 | 38 | | (1) a statute requires the governmental entity to |
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| 39 | 39 | | award the contract on the basis of competitive bids; and |
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| 40 | 40 | | (2) the contract requires the expenditure of more |
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| 41 | 41 | | than: |
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| 42 | 42 | | (A) $25,000 from the funds of a governmental |
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| 43 | 43 | | entity other than a county; or |
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| 44 | 44 | | (B) $50,000 from the funds of a county. |
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| 45 | 45 | | SECTION 4. Section 363.156(b), Local Government Code, is |
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| 46 | 46 | | amended to read as follows: |
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| 47 | 47 | | (b) To the extent competitive bidding procedures in Title 8 |
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| 48 | 48 | | apply, the board may not enter purchasing contracts that involve |
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| 49 | 49 | | spending more than $50,000 [$25,000] unless the board complies |
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| 50 | 50 | | with: |
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| 51 | 51 | | (1) Subchapter C, Chapter 262, if the district was |
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| 52 | 52 | | created by a county; or |
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| 53 | 53 | | (2) Chapter 252, if the district was created by a |
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| 54 | 54 | | municipality. |
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| 55 | 55 | | SECTION 5. The change in law made by this Act applies only |
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| 56 | 56 | | to a contract awarded on or after the effective date of this Act. |
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| 57 | 57 | | SECTION 6. This Act takes effect September 1, 2009. |
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