Texas 2009 - 81st Regular

Texas Senate Bill SB2145 Compare Versions

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1	1	By: West S.B. No. 2145
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to publication of notice for certain transactions
7	7	involving local governmental entities.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 44.031, Education Code, is amended by
10	10	adding Subsections (g-1) and (g-2) to read as follows:
11	11	(g-1) If a school district maintains an Internet website,
12	12	the district, instead of meeting the publication requirements under
13	13	Subsection (g), may:
14	14	(1) publish notice in a newspaper described by
15	15	Subsection (g) once not later than the 14th day before the bid
16	16	receipt deadline; and
17	17	(2) post notice continuously on its website for at
18	18	least 14 days immediately preceding the bid receipt deadline.
19	19	(g-2) The newspaper notice under Subsection (g-1) must
20	20	include the time and place at which the bids will be publicly opened
21	21	and the website address for the procurement information.
22	22	SECTION 2. Section 252.041, Local Government Code, is
23	23	amended by amending Subsection (a) and adding Subsections (a-1) and
24	24	(a-2) to read as follows:
25	25	(a) If the competitive sealed procurement [bidding]
26	26	requirement applies to the contract, notice of the time and place at
27	27	which the bids will be publicly opened and read aloud must be
28	28	published at least once a week for two consecutive weeks in a
29	29	newspaper published in the municipality. The date of the first
30	30	publication must be before the 14th day before the date set to
31	31	publicly open the bids and read them aloud. If no newspaper is
32	32	published in the municipality, the notice must be posted at the city
33	33	hall for 14 days before the date set to publicly open the bids and
34	34	read them aloud. In a two-step procurement process, the time and
35	35	place where the second-step bids, proposals, or responses will be
36	36	received are not required to be published separately.
37	37	(a-1) If a municipality maintains an Internet website, the
38	38	municipality, instead of meeting the publication requirements
39	39	under Subsection (a), may:
40	40	(1) publish notice in a newspaper described by
41	41	Subsection (a) once not later than the 14th day before the bid
42	42	receipt deadline; and
43	43	(2) post notice continuously on its website for at
44	44	least 14 days immediately preceding the bid receipt deadline.
45	45	(a-2) The newspaper notice under Subsection (a-1) must
46	46	include the time and place at which the bids will be publicly opened
47	47	and the website address for the procurement information.
48	48	SECTION 3. Section 262.025, Local Government Code, is
49	49	amended by amending Subsections (a) and (b) and adding Subsections
50	50	(b-1) and (b-2) to read as follows:
51	51	(a) A notice of a proposed purchase must be published at
52	52	least once a week in a newspaper of general circulation in the
53	53	county, with the first day of publication occurring before the 14th
54	54	day before the date of the bid opening. If there is no newspaper of
55	55	general circulation in the county, the notice must be posted in a
56	56	prominent place in the courthouse for 14 days before the date of the
57	57	bid opening. In a two-step procurement process, the time and place
58	58	where the second-step bids, proposals, or responses will be
59	59	received are not required to be published separately.
60	60	(b) The notice must include:
61	61	(1) the specifications describing the item to be
62	62	purchased or a statement of where the specifications may be
63	63	obtained;
64	64	(2) the time and place at which the bids will be
65	65	publicly opened and read aloud [for receiving and opening bids] and
66	66	the name and position of the county official or employee to whom the
67	67	bids are to be sent;
68	68	(3) whether the bidder should use lump-sum or unit
69	69	pricing;
70	70	(4) the method of payment by the county; and
71	71	(5) the type of bond required by the bidder.
72	72	(b-1) If a county maintains an Internet website, the county,
73	73	instead of meeting the publication requirements under Subsection
74	74	(a), may:
75	75	(1) publish notice in a newspaper described by
76	76	Subsection (a) once not later than the 14th day before the bid
77	77	receipt deadline; and
78	78	(2) post notice continuously on its website for at
79	79	least 14 days immediately preceding the bid receipt deadline.
80	80	(b-2) The newspaper notice under Subsection (b-1) must
81	81	include the time and place at which the bids will be publicly opened
82	82	and the website address for the procurement information.
83	83	SECTION 4. Subsection (b), Section 263.153, Local
84	84	Government Code, is amended to read as follows:
85	85	(b) The notice must be published not later than [on or
86	86	after] the 14th [30th day but before the 10th] day before the date
87	87	of the sale.
88	88	SECTION 5. Section 271.025, Local Government Code, is
89	89	amended by amending Subsections (a), (b), (c), and (d) and adding
90	90	Subsections (b-1) and (b-2) to read as follows:
91	91	(a) The governmental entity must advertise for bids. The
92	92	advertisement for bids must include a notice that:
93	93	(1) describes the work;
94	94	(2) states the location at which the bidding
95	95	documents, plans, specifications, or other data may be examined by
96	96	all bidders; and
97	97	(3) states the time and place for submitting bids and
98	98	the time and place at which the [that] bids will be publicly opened
99	99	and read aloud.
100	100	(b) The advertisement must be published as required by law.
101	101	If no legal requirement for publication exists, the advertisement
102	102	must be published at least twice in one or more newspapers of
103	103	general circulation in the county or counties in which the work is
104	104	to be performed. The first [second] publication of notice must be
105	105	on or before the 14th [10th] day before the first date bids may be
106	106	submitted.
107	107	(b-1) If the governmental entity maintains an Internet
108	108	website, the entity, instead of meeting the publication
109	109	requirements under Subsection (b), may:
110	110	(1) publish notice in a newspaper described by
111	111	Subsection (b) once not later than the 14th day before the bid
112	112	receipt deadline; and
113	113	(2) post notice continuously on its website for at
114	114	least 14 days immediately preceding the bid receipt deadline.
115	115	(b-2) The newspaper notice under Subsection (b-1) must
116	116	include the time and place at which the bids will be publicly opened
117	117	and the website address for the procurement information.
118	118	(c) The governmental entity must provide [mail a] notice
119	119	containing the information required under Subsection (a) to any
120	120	organization that:
121	121	(1) requests in advance that notices for bids be sent
122	122	to it;
123	123	(2) agrees in writing to pay the actual cost of mailing
124	124	the notice; and
125	125	(3) certifies that it circulates notices for bids to
126	126	the construction trade in general.
127	127	(d) The governmental entity shall provide [mail a] notice
128	128	required under Subsection (c) on or before the date the first
129	129	newspaper advertisement under this section is published.
130	130	SECTION 6. The changes in law made by this Act apply only to
131	131	a notice required to be provided on or after September 1, 2009. A
132	132	notice required to be provided before September 1, 2009, is
133	133	governed by the law in effect immediately before that date, and that
134	134	law is continued in effect for that purpose.
135	135	SECTION 7. This Act takes effect September 1, 2009.