| 1 | 1 | | 81R4095 PMO-F |
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| 2 | 2 | | By: Wentworth S.B. No. 447 |
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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 award of certain municipal contracts. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Sections 271.9051(a) and (b), Local Government |
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| 10 | 10 | | Code, are amended to read as follows: |
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| 11 | 11 | | (a) This section applies only to a municipality with a |
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| 12 | 12 | | population of less than 250,000 that contracts for or purchases [is |
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| 13 | 13 | | authorized under this title to purchase real property or personal |
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| 14 | 14 | | property that is not affixed to real property. |
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| 15 | 15 | | [(b) In purchasing] under this title: |
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| 16 | 16 | | (1) [any] real property; |
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| 17 | 17 | | (2) [,] personal property that is not affixed to real |
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| 18 | 18 | | property; |
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| 19 | 19 | | (3) [, or] services; or |
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| 20 | 20 | | (4) construction of a building, road, street, bridge, |
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| 21 | 21 | | utility, or storm drainage facility. |
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| 22 | 22 | | (b) If [, if] a municipality receives one or more |
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| 23 | 23 | | competitive sealed bids from a bidder whose principal place of |
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| 24 | 24 | | business is in the municipality and whose bid is within five percent |
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| 25 | 25 | | of the lowest bid price received by the municipality from a bidder |
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| 26 | 26 | | who is not a resident of the municipality, the municipality may |
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| 27 | 27 | | enter into a contract with: |
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| 28 | 28 | | (1) the lowest bidder; or |
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| 29 | 29 | | (2) the bidder whose principal place of business is in |
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| 30 | 30 | | the municipality if the governing body of the municipality |
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| 31 | 31 | | determines, in writing, that the local bidder offers the |
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| 32 | 32 | | municipality the best combination of contract price and additional |
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| 33 | 33 | | economic development opportunities for the municipality created by |
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| 34 | 34 | | the contract award, including the employment of residents of the |
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| 35 | 35 | | municipality and increased tax revenues to the municipality. |
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| 36 | 36 | | SECTION 2. This Act takes effect immediately if it receives |
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| 37 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 38 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 39 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 40 | 40 | | Act takes effect September 1, 2009. |
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