Texas 2017 - 85th Regular

Texas Senate Bill SB2233 Compare Versions

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

Old	New	Differences
1	1	85R12965 SCL-F
2	2	By: Taylor of Galveston S.B. No. 2233
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to contracting and purchasing of certain governmental
8	8	entities and development corporations.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 46.0111(b), Education Code, is amended
11	11	to read as follows:
12	12	(b) A school district that brings an action for recovery of
13	13	damages for the defective design, construction, renovation, or
14	14	improvement of an instructional facility financed by bonds for
15	15	which the district receives state assistance under this subchapter
16	16	shall provide the commissioner with written notice of the action by
17	17	registered or certified mail, return receipt requested, not later
18	18	than the 10th day after the date the action is filed. If the school
19	19	district fails to comply with this subsection, the court or an
20	20	arbitrator or other adjudicating authority shall dismiss the
21	21	action.
22	22	SECTION 2. Subchapter A, Chapter 46, Education Code, is
23	23	amended by adding Section 46.0112 to read as follows:
24	24	Sec. 46.0112. ATTORNEY GENERAL ENFORCEMENT OF SCHOOL
25	25	DISTRICT DUTIES FOLLOWING CERTAIN ACTIONS. (a) If the attorney
26	26	general believes that a school district has violated or is
27	27	violating Section 46.0111(d) or (e), the attorney general may bring
28	28	an action on behalf of the state to enjoin the school district from
29	29	violating those sections.
30	30	(b) In an action brought under Subsection (a), the attorney
31	31	general may request and the court may order any other appropriate
32	32	relief that is in the public interest, including payment of:
33	33	(1) a civil penalty in an amount not to exceed $50,000
34	34	for each violation of Section 46.0111(d) or (e);
35	35	(2) the attorney general's reasonable costs for
36	36	investigating and prosecuting the violation; or
37	37	(3) the amount of the state's share under Section
38	38	46.0111(e).
39	39	SECTION 3. Subchapter T, Chapter 51, Education Code, is
40	40	amended by adding Section 51.786 to read as follows:
41	41	Sec. 51.786. VOID CONTRACT. A contract, including a job
42	42	order, entered into in violation of this subchapter is voidable as
43	43	against public policy.
44	44	SECTION 4. Subchapter A, Chapter 791, Government Code, is
45	45	amended by adding Section 791.007 to read as follows:
46	46	Sec. 791.007. LIST OF PURCHASES BY PURCHASING COOPERATIVE.
47	47	(a) In this section, "purchasing cooperative" has the meaning
48	48	assigned by Section 791.011(j).
49	49	(b) A purchasing cooperative shall maintain an Internet
50	50	website with a continually updated list of purchases made through
51	51	the cooperative or through agreements made with the cooperative.
52	52	The list must include for each purchase:
53	53	(1) the name of the purchaser;
54	54	(2) the name of the vendor;
55	55	(3) the amount of the purchase;
56	56	(4) the date of the purchase; and
57	57	(5) the fees paid to the cooperative or managing
58	58	entity.
59	59	SECTION 5. Section 791.011(j), Government Code, is amended
60	60	to read as follows:
61	61	(j) For the purposes of this subsection, the term
62	62	"purchasing cooperative" means a group purchasing organization
63	63	that governmental entities join as members and the managing entity
64	64	of which receives fees from members or vendors. A local government
65	65	may not enter into a contract to purchase construction-related
66	66	goods or services through a purchasing cooperative under this
67	67	chapter in an amount greater than $50,000 unless:
68	68	(1) the purchase is approved by the governing body of
69	69	the local government at a public meeting; and
70	70	(2) a person designated by the local government
71	71	certifies in writing that:
72	72	(A) [(1)] the project for which the
73	73	construction-related goods or services are being procured does not
74	74	require the preparation of plans and specifications under Chapter
75	75	1001 or 1051, Occupations Code; or
76	76	(B) [(2)] the plans and specifications required
77	77	under Chapters 1001 and 1051, Occupations Code, have been prepared.
78	78	SECTION 6. Section 2269.452(a), Government Code, is amended
79	79	to read as follows:
80	80	(a) This chapter may be enforced through an action for
81	81	declaratory or injunctive relief filed not later than the 10th
82	82	business day after the date on which the contract bid evaluations
83	83	are made public under Section 2269.056 or 2269.105 [is awarded].
84	84	SECTION 7. Subchapter A, Chapter 502, Local Government
85	85	Code, is amended by adding Section 502.002 to read as follows:
86	86	Sec. 502.002. APPLICABILITY OF OTHER LAW; PUBLIC WORKS
87	87	CONTRACTS. Chapter 2269, Government Code, applies to a public
88	88	works contract entered into by a corporation.
89	89	SECTION 8. Section 271.908(a), Local Government Code, is
90	90	amended to read as follows:
91	91	(a) In this section:
92	92	(1) "Civil [, "civil] works project" means:
93	93	(A) roads, streets, bridges, utilities, water
94	94	supply projects, water plants, wastewater plants, water
95	95	distribution and wastewater conveyance facilities, desalination
96	96	projects, wharves, docks, navigation channels, dredge material
97	97	placement areas, airport runways and taxiways, storm drainage and
98	98	flood control projects, or transit projects;
99	99	(B) types of projects or facilities related to
100	100	those described by Paragraph (A) and associated with civil
101	101	engineering construction; and
102	102	(C) buildings or structures that are incidental
103	103	to projects or facilities that are described by Paragraphs (A) and
104	104	(B) and that are primarily civil engineering construction projects.
105	105	(2) "Local [and "local] governmental entity" means a
106	106	municipality, a county, a river authority, a defense base
107	107	development authority established under Chapter 379B, a board of
108	108	trustees under Chapter 54, Transportation Code, a municipally owned
109	109	water utility with a separate governing board appointed by the
110	110	governing body of a municipality, or any other special district or
111	111	authority authorized by law to enter into a public works contract
112	112	for a civil works project. The term does not include a regional
113	113	tollway authority created under Chapter 366, Transportation Code, a
114	114	regional mobility authority created under Chapter 370,
115	115	Transportation Code, or a water district or authority created under
116	116	Section 52, Article III, or Section 59, Article XVI, Texas
117	117	Constitution, with a population of less than 50,000 [have the
118	118	meanings assigned by Section 271.181].
119	119	SECTION 9. Subchapter J, Chapter 271, Local Government
120	120	Code, is repealed.
121	121	SECTION 10. The changes in law made by this Act apply only
122	122	to a contract entered into on or after the effective date of this
123	123	Act. A contract entered into before the effective date of this Act
124	124	is governed by the law applicable to the contract immediately
125	125	before the effective date of this Act, and that law is continued in
126	126	effect for that purpose.
127	127	SECTION 11. This Act takes effect September 1, 2017.