85R12965 SCL-F
By: Taylor of Galveston S.B. No. 2233
A BILL TO BE ENTITLED
AN ACT
relating to contracting and purchasing of certain governmental
entities and development corporations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 46.0111(b), Education Code, is amended
to read as follows:
(b) A school district that brings an action for recovery of
damages for the defective design, construction, renovation, or
improvement of an instructional facility financed by bonds for
which the district receives state assistance under this subchapter
shall provide the commissioner with written notice of the action by
registered or certified mail, return receipt requested, not later
than the 10th day after the date the action is filed. If the school
district fails to comply with this subsection, the court or an
arbitrator or other adjudicating authority shall dismiss the
action.
SECTION 2. Subchapter A, Chapter 46, Education Code, is
amended by adding Section 46.0112 to read as follows:
Sec. 46.0112. ATTORNEY GENERAL ENFORCEMENT OF SCHOOL
DISTRICT DUTIES FOLLOWING CERTAIN ACTIONS. (a) If the attorney
general believes that a school district has violated or is
violating Section 46.0111(d) or (e), the attorney general may bring
an action on behalf of the state to enjoin the school district from
violating those sections.
(b) In an action brought under Subsection (a), the attorney
general may request and the court may order any other appropriate
relief that is in the public interest, including payment of:
(1) a civil penalty in an amount not to exceed $50,000
for each violation of Section 46.0111(d) or (e);
(2) the attorney general's reasonable costs for
investigating and prosecuting the violation; or
(3) the amount of the state's share under Section
46.0111(e).
SECTION 3. Subchapter T, Chapter 51, Education Code, is
amended by adding Section 51.786 to read as follows:
Sec. 51.786. VOID CONTRACT. A contract, including a job
order, entered into in violation of this subchapter is voidable as
against public policy.
SECTION 4. Subchapter A, Chapter 791, Government Code, is
amended by adding Section 791.007 to read as follows:
Sec. 791.007. LIST OF PURCHASES BY PURCHASING COOPERATIVE.
(a) In this section, "purchasing cooperative" has the meaning
assigned by Section 791.011(j).
(b) A purchasing cooperative shall maintain an Internet
website with a continually updated list of purchases made through
the cooperative or through agreements made with the cooperative.
The list must include for each purchase:
(1) the name of the purchaser;
(2) the name of the vendor;
(3) the amount of the purchase;
(4) the date of the purchase; and
(5) the fees paid to the cooperative or managing
entity.
SECTION 5. Section 791.011(j), Government Code, is amended
to read as follows:
(j) For the purposes of this subsection, the term
"purchasing cooperative" means a group purchasing organization
that governmental entities join as members and the managing entity
of which receives fees from members or vendors. A local government
may not enter into a contract to purchase construction-related
goods or services through a purchasing cooperative under this
chapter in an amount greater than $50,000 unless:
(1) the purchase is approved by the governing body of
the local government at a public meeting; and
(2) a person designated by the local government
certifies in writing that:
(A) [(1)] the project for which the
construction-related goods or services are being procured does not
require the preparation of plans and specifications under Chapter
1001 or 1051, Occupations Code; or
(B) [(2)] the plans and specifications required
under Chapters 1001 and 1051, Occupations Code, have been prepared.
SECTION 6. Section 2269.452(a), Government Code, is amended
to read as follows:
(a) This chapter may be enforced through an action for
declaratory or injunctive relief filed not later than the 10th
business day after the date on which the contract bid evaluations
are made public under Section 2269.056 or 2269.105 [is awarded].
SECTION 7. Subchapter A, Chapter 502, Local Government
Code, is amended by adding Section 502.002 to read as follows:
Sec. 502.002. APPLICABILITY OF OTHER LAW; PUBLIC WORKS
CONTRACTS. Chapter 2269, Government Code, applies to a public
works contract entered into by a corporation.
SECTION 8. Section 271.908(a), Local Government Code, is
amended to read as follows:
(a) In this section:
(1) "Civil [, "civil] works project" means:
(A) roads, streets, bridges, utilities, water
supply projects, water plants, wastewater plants, water
distribution and wastewater conveyance facilities, desalination
projects, wharves, docks, navigation channels, dredge material
placement areas, airport runways and taxiways, storm drainage and
flood control projects, or transit projects;
(B) types of projects or facilities related to
those described by Paragraph (A) and associated with civil
engineering construction; and
(C) buildings or structures that are incidental
to projects or facilities that are described by Paragraphs (A) and
(B) and that are primarily civil engineering construction projects.
(2) "Local [and "local] governmental entity" means a
municipality, a county, a river authority, a defense base
development authority established under Chapter 379B, a board of
trustees under Chapter 54, Transportation Code, a municipally owned
water utility with a separate governing board appointed by the
governing body of a municipality, or any other special district or
authority authorized by law to enter into a public works contract
for a civil works project. The term does not include a regional
tollway authority created under Chapter 366, Transportation Code, a
regional mobility authority created under Chapter 370,
Transportation Code, or a water district or authority created under
Section 52, Article III, or Section 59, Article XVI, Texas
Constitution, with a population of less than 50,000 [have the
meanings assigned by Section 271.181].
SECTION 9. Subchapter J, Chapter 271, Local Government
Code, is repealed.
SECTION 10. The changes in law made by this Act apply only
to a contract entered into on or after the effective date of this
Act. A contract entered into before the effective date of this Act
is governed by the law applicable to the contract immediately
before the effective date of this Act, and that law is continued in
effect for that purpose.
SECTION 11. This Act takes effect September 1, 2017.