| 1 | 1 | | 82R3422 JTS-F |
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| 2 | 2 | | By: Thompson, et al. H.B. No. 902 |
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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 consideration of a bidder's principal place of business |
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| 8 | 8 | | in awarding 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(a), Local Government Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (a) Except as provided by Section 271.9052, this [This] |
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| 13 | 13 | | section applies only to a municipality with a population of less |
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| 14 | 14 | | than 250,000 that is authorized under this title to purchase real |
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| 15 | 15 | | property or personal property that is not affixed to real property. |
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| 16 | 16 | | SECTION 2. Subchapter Z, Chapter 271, Local Government |
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| 17 | 17 | | Code, is amended by adding Section 271.9052 to read as follows: |
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| 18 | 18 | | Sec. 271.9052. CONSIDERATION OF LOCATION OF BIDDER'S |
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| 19 | 19 | | PRINCIPAL PLACE OF BUSINESS IN MUNICIPALITY WITH POPULATION OF TWO |
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| 20 | 20 | | MILLION OR MORE. (a) This section applies only to a municipality |
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| 21 | 21 | | with a population of two million or more that is authorized under |
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| 22 | 22 | | this title to purchase real property or personal property that is |
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| 23 | 23 | | not affixed to real property. |
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| 24 | 24 | | (b) In purchasing under this title any real property, |
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| 25 | 25 | | personal property that is not affixed to real property, or |
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| 26 | 26 | | services, if a municipality receives one or more competitive sealed |
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| 27 | 27 | | bids from a bidder whose principal place of business is in the |
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| 28 | 28 | | municipality and whose bid is within five percent of the lowest bid |
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| 29 | 29 | | price received by the municipality from a bidder who is not a |
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| 30 | 30 | | resident of the municipality, the municipality may enter into a |
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| 31 | 31 | | contract for an expenditure of less than $100,000 in accordance |
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| 32 | 32 | | with and subject to the provisions of Sections 271.9051(b), (c), |
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| 33 | 33 | | and (d). |
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| 34 | 34 | | SECTION 3. The change in law made by this Act applies only |
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| 35 | 35 | | to a contract for which the initial notice soliciting bids is given |
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| 36 | 36 | | on or after the effective date of this Act. |
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| 37 | 37 | | SECTION 4. This Act takes effect September 1, 2011. |
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