By: West S.B. No. 2145
A BILL TO BE ENTITLED
AN ACT
relating to publication of notice for certain transactions
involving local government entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 44.031, Education Code, is amended by
adding Subsections (g-1) and (g-2) to read as follows:
(g-1) If a school district maintains an Internet website,
the district, instead of meeting the publication requirements under
Subsection (g), may:
(1) publish notice in a newspaper described by
Subsection (g) 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.
(g-2) The newspaper notice under Subsection (g-1) must
include the time and place at which the bids will be publicly opened
and the website address for the procurement information.
SECTION 2. Section 252.041, Local Government Code, is
amended by amending Subsection (a) and adding Subsections (a-1) and
(a-2) to read as follows:
(a) If the competitive sealed procurement [bidding]
requirement applies to the contract, notice of the time and place at
which the bids will be publicly opened and read aloud must be
published at least once a week for two consecutive weeks in a
newspaper published in the municipality. The date of the first
publication must be before the 14th day before the date set to
publicly open the bids and read them aloud. If no newspaper is
published in the municipality, the notice must be posted at the city
hall for 14 days before the date set to publicly open the bids and
read them aloud. In a two-step procurement process, the time and
place where the second-step bids, proposals, or responses will be
received are not required to be published separately.
(a-1) If a municipality maintains an Internet website, the
municipality, 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.
(a-2) The newspaper notice under Subsection (a-1) must
include the time and place at which the bids will be publicly opened
and the website address for the procurement information.
SECTION 3. Section 262.025, Local Government Code, is
amended by amending Subsections (a) and (b) and adding Subsection
(c) and (c-1) 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 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 in the courthouse for 14 days before the date of the
bid opening. In a two-step procurement process, the time and place
where the second-step bids, proposals, or responses will be
received are not required to be published separately.
(b) The notice must include:
(1) the specifications describing the item to be
purchased or a statement of where the specifications may be
obtained;
(2) the time and place at which the bids will be
publicly opened and read aloud [for receiving and opening bids] and
the name and position of the county official or employee to whom the
bids are to be sent;
(3) whether the bidder should use lump-sum or unit
pricing;
(4) the method of payment by the county; and
(5) the type of bond required by the bidder.
(c) 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.
(c-1) The newspaper notice under Subsection (c) must
include the time and place at which the bids will be publicly opened
and the website address for the procurement information.
SECTION 4. Section 263.153(b), Local Government Code, is
amended to read as follows:
(b) The notice must be published not later than [on or
after] the 14th [30th day but before the 10th] day before the date
of the sale.
SECTION 5. Section 271.025, Local Government Code, is
amended by amending Subsections (a), (b), (c), and (d) and adding
Subsections (b-1) and (b-2) to read as follows:
(a) The governmental entity must advertise for bids. The
advertisement for bids must include a notice that:
(1) describes the work;
(2) states the location at which the bidding
documents, plans, specifications, or other data may be examined by
all bidders; and
(3) states the time and place for submitting bids and
the time and place [that] at which the bids will be publicly opened
and read aloud.
(b) The advertisement must be published as required by law.
If no legal requirement for publication exists, the advertisement
must be published at least twice in one or more newspapers of
general circulation in the county or counties in which the work is
to be performed. The first [second] publication of notice must be
on or before the 14th [10th] day before the first date bids may be
submitted.
(b-1) If the governmental entity maintains an Internet
website, the entity, instead of meeting the publication
requirements under Subsection (b), may:
(1) publish notice in a newspaper described by
Subsection (b) 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.
(c) The governmental entity must provide [mail a] notice
containing the information required under Subsection (a) to any
organization that:
(1) requests in advance that notices for bids be sent
to it;
(2) agrees in writing to pay the actual cost of mailing
the notice; and
(3) certifies that it circulates notices for bids to
the construction trade in general.
(d) The governmental entity shall provide [mail a] notice
required under Subsection (c) on or before the date the first
newspaper advertisement under this section is published.
SECTION 6. The changes in law made by this Act apply only to
a notice required to be provided on or after September 1, 2009. A
notice required to be provided before September 1, 2009, is
governed by the law in effect immediately before that date, and that
law is continued in effect for that purpose.
SECTION 7. This Act takes effect September 1, 2009.