Texas 2015 - 84th Regular

Texas House Bill HB3472 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R15385 T
2	2	By: Coleman H.B. No. 3472
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authorization for a county to establish a wage
8	8	higher than the state minimum wage for competitive procurement
9	9	requirements in a specific contract.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 262.030, Local Government Code, is
12	12	amended to read as follows:
13	13	Sec. 262.030. ALTERNATIVE COMPETITIVE PROPOSAL PROCEDURE
14	14	FOR CERTAIN GOODS AND SERVICES. (a) Except for Subsection (d) and
15	15	(f) of this section, the competitive proposal procedure provided by
16	16	this section may be used for the purchase of insurance, high
17	17	technology items, and the following special services:
18	18	(1) landscape maintenance;
19	19	(2) travel management; or
20	20	(3) recycling.
21	21	(b) Quotations must be solicited through a request for
22	22	proposals. Public notice for the request for proposals must be made
23	23	in the same manner as provided in the competitive bidding
24	24	procedure. The request for proposals must specify the relative
25	25	importance of price and other evaluation factors. The award of the
26	26	contract shall be made to the responsible offeror whose proposal is
27	27	determined to be the lowest and best evaluated offer resulting from
28	28	negotiation, taking into consideration the relative importance of
29	29	price and other evaluation factors set forth in the request for
30	30	proposals.
31	31	(c) If provided in the request for proposals, proposals
32	32	shall be opened so as to avoid disclosure of contents to competing
33	33	offerors and kept secret during the process of negotiation. All
34	34	proposals that have been submitted shall be available and open for
35	35	public inspection after the contract is awarded, except for trade
36	36	secrets and confidential information contained in the proposals and
37	37	identified as such.
38	38	(d) A county in which a purchasing agent has been appointed
39	39	under Section 262.011 or employed under Section 262.0115 may use
40	40	the competitive proposal purchasing method authorized by this
41	41	section for the purchase of insurance or high technology items. In
42	42	addition, the method may be used to purchase other items when the
43	43	county official who makes purchases for the county determines, with
44	44	the consent of the commissioners court, that it is in the best
45	45	interest of the county to make a request for proposals.
46	46	(e) As provided in the request for proposals and under rules
47	47	adopted by the commissioners court, discussions may be conducted
48	48	with responsible offerors who submit proposals determined to be
49	49	reasonably susceptible of being selected for award. Offerors must
50	50	be accorded fair and equal treatment with respect to any
51	51	opportunity for discussion and revision of proposals, and revisions
52	52	may be permitted after submission and before award for the purpose
53	53	of obtaining best and final offers.
54	54	(f) The commissioners court of a county with a population of
55	55	2.2 million or more but less than 3.3 million may include wages paid
56	56	by an employer to each employee for services performed in the county
57	57	as a condition of a contract or agreement entered into between the
58	58	government entity and a private entity.
59	59	SECTION 2. Section 62.0515, Labor Code, is amended to read
60	60	as follows:
61	61	Sec. 62.0515. APPLICATION OF MINIMUM WAGE TO CERTAIN
62	62	GOVERNMENTAL ENTITIES; CERTAIN AGREEMENTS WITH GOVERNMENTAL
63	63	ENTITIES. (a) Except as otherwise provided by this section, the
64	64	minimum wage provided by this chapter supersedes a wage established
65	65	in an ordinance, order, or charter provision governing wages in
66	66	private employment, other than wages under a public contract.
67	67	(b) This section does not apply to any state or federal job
68	68	training or workforce development program.
69	69	(c) This section does not apply to a minimum wage
70	70	established by a governmental entity that applies to a contract or
71	71	agreement, including a non-annexation agreement, entered into by a
72	72	governmental entity and a private entity. A private entity that
73	73	enters into a contract or agreement, including a non-annexation
74	74	agreement, with a governmental entity, under the terms of which the
75	75	private entity agrees to comply with a minimum wage that is greater
76	76	than the minimum wage established by Section 62.051 [established by
77	77	the governmental entity], is subject to the terms of that contract
78	78	or agreement, and those terms apply to and may be enforced against a
79	79	general contractor, subcontractor, developer, and other person
80	80	with which the private entity contracts in order to comply with the
81	81	provisions of the original contract or agreement.
82	82	(1) A county with a population of 2.2 million or more
83	83	but less than 3.3 million and any district or authority created
84	84	under Article XVI, Section 59, of the Texas Constitution of which
85	85	the governing body is the commissioners court, may require a wage
86	86	higher than the state minimum wage, to be paid by an employer to
87	87	each employee for services performed in the county as part of a
88	88	contract or agreement entered into between the government entity
89	89	and a private entity as authorized under Section 262.030 of the
90	90	Texas Local Government Code.
91	91	(d) For purposes of this section, "governmental entity"
92	92	includes a municipality, a county, a special district or authority,
93	93	a junior college district, or another political subdivision of this
94	94	state.
95	95	SECTION 3. This Act takes effect September 1, 2015.