| 1 | 1 | | 82R22748 MXM-F |
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| 2 | 2 | | By: Anderson of McLennan, Smith of Harris, H.B. No. 800 |
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| 3 | 3 | | et al. |
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| 4 | 4 | | Substitute the following for H.B. No. 800: |
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| 5 | 5 | | By: Callegari C.S.H.B. No. 800 |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to an interlocal contract between a governmental entity |
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| 11 | 11 | | and a purchasing cooperative to purchase roofing materials or |
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| 12 | 12 | | services. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Section 791.011, Government Code, is amended by |
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| 15 | 15 | | adding Subsections (h-1) and (h-2) to read as follows: |
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| 16 | 16 | | (h-1) In this subsection, "roofing materials or services" |
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| 17 | 17 | | includes materials or services for repair or replacement of a roof. |
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| 18 | 18 | | An interlocal contract between a governmental entity and a |
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| 19 | 19 | | purchasing cooperative may not be used to purchase roofing |
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| 20 | 20 | | materials or services from a person who provided consulting |
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| 21 | 21 | | services to the cooperative on the contract, including providing |
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| 22 | 22 | | specifications for bids on the contract. This prohibition also |
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| 23 | 23 | | applies to: |
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| 24 | 24 | | (1) a person that is an agent, subsidiary, or parent |
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| 25 | 25 | | company of the person who consulted with the cooperative; or |
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| 26 | 26 | | (2) a person related in the second degree of |
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| 27 | 27 | | consanguinity or affinity to a person who consulted with the |
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| 28 | 28 | | cooperative. |
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| 29 | 29 | | (h-2) The prohibition under Subsection (h-1) does not apply |
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| 30 | 30 | | to a renewal of a contract based on a request for proposal |
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| 31 | 31 | | submitted, or substantially similar to a request for proposal |
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| 32 | 32 | | submitted, before September 1, 2011, if the contract is renewed |
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| 33 | 33 | | before September 1, 2012. This subsection expires September 1, |
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| 34 | 34 | | 2012. |
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| 35 | 35 | | SECTION 2. The change in law made by this Act to Section |
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| 36 | 36 | | 791.011, Government Code, applies only to an interlocal contract or |
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| 37 | 37 | | an amendment to, supplement to, or waiver of a provision of a |
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| 38 | 38 | | contract made on or after the effective date of this Act. An |
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| 39 | 39 | | interlocal contract or an amendment to, supplement to, or waiver of |
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| 40 | 40 | | a provision of a contract made before the effective date of this Act |
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| 41 | 41 | | is governed by the law in effect when the contract or amendment, |
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| 42 | 42 | | supplement, or waiver was made, and the former law is continued for |
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| 43 | 43 | | that purpose. |
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| 44 | 44 | | SECTION 3. This Act takes effect September 1, 2011. |
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