By: Birdwell S.B. No. 438
(In the Senate - Filed February 8, 2013; February 13, 2013,
read first time and referred to Committee on Intergovernmental
Relations; April 29, 2013, reported favorably by the following
vote: Yeas 5, Nays 0; April 29, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to an interlocal contract between a governmental entity
and a purchasing cooperative to purchase roofing materials or
services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 791.011, Government Code, is amended by
adding Subsections (h-1) and (h-2) to read as follows:
(h-1) In this subsection, "roofing materials or services"
includes materials or services for repair or replacement of a roof.
An interlocal contract between a governmental entity and a
purchasing cooperative may not be used to purchase roofing
materials or services from a person who provided consulting
services to the cooperative on the contract, including providing
specifications for bids on the contract. This prohibition also
applies to:
(1) a person that is an agent, subsidiary, or parent
company of the person who consulted with the cooperative; or
(2) a person related in the second degree of
consanguinity or affinity to a person who consulted with the
cooperative.
(h-2) The prohibition under Subsection (h-1) does not apply
to a renewal of a contract based on a request for proposal
submitted, or substantially similar to a request for proposal
submitted, before October 1, 2013, if the contract is renewed
before October 1, 2014. This subsection expires October 1, 2014.
SECTION 2. The change in law made by this Act to Section
791.011, Government Code, applies only to an interlocal contract or
an amendment to, supplement to, or waiver of a provision of a
contract made on or after the effective date of this Act. An
interlocal contract or an amendment to, supplement to, or waiver of
a provision of a contract made before the effective date of this Act
is governed by the law in effect when the contract or amendment,
supplement, or waiver was made, and the former law is continued for
that purpose.
SECTION 3. This Act takes effect October 1, 2013.
* * * * *