| 1 | 1 | | By: Birdwell S.B. No. 438 |
|---|
| 2 | 2 | | (Anderson, Stephenson) |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to an interlocal contract between a governmental entity |
|---|
| 8 | 8 | | and a purchasing cooperative to purchase roofing materials or |
|---|
| 9 | 9 | | services. |
|---|
| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 11 | 11 | | SECTION 1. Section 791.011, Government Code, is amended by |
|---|
| 12 | 12 | | adding Subsections (h-1) and (h-2) to read as follows: |
|---|
| 13 | 13 | | (h-1) In this subsection, "roofing materials or services" |
|---|
| 14 | 14 | | includes materials or services for repair or replacement of a roof. |
|---|
| 15 | 15 | | An interlocal contract between a governmental entity and a |
|---|
| 16 | 16 | | purchasing cooperative may not be used to purchase roofing |
|---|
| 17 | 17 | | materials or services from a person who provided consulting |
|---|
| 18 | 18 | | services to the cooperative on the contract, including providing |
|---|
| 19 | 19 | | specifications for bids on the contract. This prohibition also |
|---|
| 20 | 20 | | applies to: |
|---|
| 21 | 21 | | (1) a person that is an agent, subsidiary, or parent |
|---|
| 22 | 22 | | company of the person who consulted with the cooperative; or |
|---|
| 23 | 23 | | (2) a person related in the second degree of |
|---|
| 24 | 24 | | consanguinity or affinity to a person who consulted with the |
|---|
| 25 | 25 | | cooperative. |
|---|
| 26 | 26 | | (h-2) The prohibition under Subsection (h-1) does not apply |
|---|
| 27 | 27 | | to a renewal of a contract based on a request for proposal |
|---|
| 28 | 28 | | submitted, or substantially similar to a request for proposal |
|---|
| 29 | 29 | | submitted, before October 1, 2013, if the contract is renewed |
|---|
| 30 | 30 | | before October 1, 2014. This subsection expires October 1, 2014. |
|---|
| 31 | 31 | | SECTION 2. The change in law made by this Act to Section |
|---|
| 32 | 32 | | 791.011, Government Code, applies only to an interlocal contract or |
|---|
| 33 | 33 | | an amendment to, supplement to, or waiver of a provision of a |
|---|
| 34 | 34 | | contract made on or after the effective date of this Act. An |
|---|
| 35 | 35 | | interlocal contract or an amendment to, supplement to, or waiver of |
|---|
| 36 | 36 | | a provision of a contract made before the effective date of this Act |
|---|
| 37 | 37 | | is governed by the law in effect when the contract or amendment, |
|---|
| 38 | 38 | | supplement, or waiver was made, and the former law is continued for |
|---|
| 39 | 39 | | that purpose. |
|---|
| 40 | 40 | | SECTION 3. This Act takes effect October 1, 2013. |
|---|