82R2731 JTS-F
By: Button H.B. No. 507
A BILL TO BE ENTITLED
AN ACT
relating to 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, either in print or on the
newspaper's Internet website, 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 the district 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 252.022(a), Local Government Code, is
amended to read as follows:
(a) This chapter does not apply to an expenditure for:
(1) a procurement made because of a public calamity
that requires the immediate appropriation of money to relieve the
necessity of the municipality's residents or to preserve the
property of the municipality;
(2) a procurement necessary to preserve or protect the
public health or safety of the municipality's residents;
(3) a procurement necessary because of unforeseen
damage to public machinery, equipment, or other property;
(4) a procurement for personal, professional, or
planning services;
(5) a procurement for work that is performed and paid
for by the day as the work progresses;
(6) a purchase of land or a right-of-way;
(7) a procurement of items that are available from
only one source, including:
(A) items that are available from only one source
because of patents, copyrights, secret processes, or natural
monopolies;
(B) films, manuscripts, or books;
(C) gas, water, and other utility services;
(D) captive replacement parts or components for
equipment;
(E) books, papers, and other library materials
for a public library that are available only from the persons
holding exclusive distribution rights to the materials; and
(F) management services provided by a nonprofit
organization to a municipal museum, park, zoo, or other facility to
which the organization has provided significant financial or other
benefits;
(8) a purchase of rare books, papers, and other
library materials for a public library;
(9) paving drainage, street widening, and other public
improvements, or related matters, if at least one-third of the cost
is to be paid by or through special assessments levied on property
that will benefit from the improvements;
(10) a public improvement project, already in
progress, authorized by the voters of the municipality, for which
there is a deficiency of funds for completing the project in
accordance with the plans and purposes authorized by the voters;
(11) a payment under a contract by which a developer
participates in the construction of a public improvement as
provided by Subchapter C, Chapter 212;
(12) personal property sold:
(A) at an auction by a state licensed auctioneer;
(B) at a going out of business sale held in
compliance with Subchapter F, Chapter 17, Business & Commerce Code;
(C) by a political subdivision of this state, a
state agency of this state, or an entity of the federal government;
or
(D) under an interlocal contract for cooperative
purchasing administered by a regional planning commission
established under Chapter 391;
(13) services performed by blind or severely disabled
persons;
(14) goods purchased by a municipality for subsequent
retail sale by the municipality;
(15) electricity; or
(16) advertising[, other than legal notices].
SECTION 3. Section 252.041, Local Government Code, is
amended by amending Subsections (a) and (b) 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.
(a-1) If a municipality maintains an Internet website, the
municipality, instead of meeting the publication requirements
under Subsection (a), may:
(1) publish notice, either in print or on the
newspaper's Internet website, 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 the municipal 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.
(b) If the competitive sealed proposals requirement applies
to the contract, notice of the request for proposals must be given
in the same manner as that prescribed by Subsection (a) or (a-1) for
the notice for competitive sealed bids.
SECTION 4. Section 262.025, Local Government Code, is
amended by adding Subsections (b-1) and (b-2) to read as follows:
(b-1) If a county maintains an Internet website, the county,
instead of meeting the publication requirements under Subsection
(a), may:
(1) publish notice, either in print or on the
newspaper's Internet website, 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 the county 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.
SECTION 5. 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 6. 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 at which the [that] 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, either in print or on the
newspaper's Internet website, 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 the entity's 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 7. The changes in law made by this Act apply only to
a notice required to be provided on or after September 1, 2011. A
notice required to be provided before September 1, 2011, is
governed by the law in effect immediately before that date, and that
law is continued in effect for that purpose.
SECTION 8. This Act takes effect September 1, 2011.