| 1 | 1 | | 81R4272 NC-D |
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| 2 | 2 | | By: Eltife S.B. No. 508 |
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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 consideration of the location of a bidder's |
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| 8 | 8 | | principal place of business for certain municipal contracts. |
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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 271.9051(b), Local Government Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (b) In this subsection, "local bidder" means a bidder whose |
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| 13 | 13 | | principal place of business is in the municipality or the |
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| 14 | 14 | | extraterritorial jurisdiction of the municipality. In |
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| 15 | 15 | | purchasing under this title any real property, personal property |
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| 16 | 16 | | that is not affixed to real property, or services, if a municipality |
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| 17 | 17 | | receives one or more competitive sealed bids from a local bidder |
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| 18 | 18 | | [whose principal place of business is in the municipality and] |
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| 19 | 19 | | whose bid is within five percent of the lowest bid price received by |
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| 20 | 20 | | the municipality from a bidder who is not a resident of the |
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| 21 | 21 | | municipality, the municipality may enter into a contract with: |
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| 22 | 22 | | (1) the lowest bidder; or |
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| 23 | 23 | | (2) the local bidder [whose principal place of |
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| 24 | 24 | | business is in the municipality] if the governing body of the |
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| 25 | 25 | | municipality determines, in writing, that the local bidder offers |
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| 26 | 26 | | the municipality the best combination of contract price and |
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| 27 | 27 | | additional economic development opportunities for the municipality |
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| 28 | 28 | | created by the contract award, including the employment of |
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| 29 | 29 | | residents of the municipality and increased tax revenues to the |
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| 30 | 30 | | municipality. |
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| 31 | 31 | | SECTION 2. This Act takes effect immediately if it receives |
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| 32 | 32 | | a vote of two-thirds of all the members elected to each house, as |
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| 33 | 33 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 34 | 34 | | Act does not receive the vote necessary for immediate effect, this |
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| 35 | 35 | | Act takes effect September 1, 2009. |
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