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