Texas 2019 - 86th Regular

Texas House Bill HB1556 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R6444 SOS-F
1	2		By: VanDeaver H.B. No. 1556
2	3
3	4
4	5		A BILL TO BE ENTITLED
5	6		AN ACT
6	7		relating to school district purchasing of and contracting for goods
7	8		and services.
8	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9		-	SECTION 1. Section 44.031, Education Code, is amended by
10		-	amending Subsections (a) and (j) and adding Subsection (a-1) to
11		-	read as follows:
12		-	(a) Except as provided by this subchapter, all [school]
	10	+	SECTION 1. Sections 44.031(a) and (j), Education Code, are
	11	+	amended to read as follows:
	12	+	(a) Except as provided by this subchapter, all school
13	13		district purchases of or contracts for the purchase of goods and
14	14		services, except contracts for the purchase of produce or vehicle
15		-	fuel, valued at $50,000 or more that are made by or entered into by a
16		-	school district with an enrollment of 10,000 or more students [in
17		-	the aggregate for each 12-month period] shall be made by the method,
18		-	of the following methods, that provides the best value for the
19		-	district:
	15	+	fuel, valued at $50,000 or more [in the aggregate for each 12-month
	16	+	period] shall be made by the method, of the following methods, that
	17	+	provides the best value for the district:
20	18		(1) competitive bidding for goods or services other
21	19		than construction services;
22	20		(2) competitive sealed proposals for goods or services
23	21		other than construction services;
24	22		(3) a request for proposals, for goods or services
25	23		other than construction services;
26	24		(4) an interlocal contract;
27	25		(5) a method provided by Chapter 2269, Government
28	26		Code, for construction services;
29	27		(6) the reverse auction procedure as defined by
30	28		Section 2155.062(d), Government Code; or
31	29		(7) the formation of a political subdivision
32	30		corporation under Section 304.001, Local Government Code.
33		-	(a-1) Except as provided by this subchapter, all purchases
34		-	of or contracts for the purchase of goods and services, except
35		-	contracts for the purchase of produce or vehicle fuel, valued at
36		-	$25,000 or more that are made by or entered into by a school
37		-	district with an enrollment of fewer than 10,000 students shall be
38		-	made by the method, of the methods described by Subsection (a), that
39		-	provides the best value for the district.
40	31		(j) Without complying with Subsection (a), a school
41	32		district may purchase an item or service that is available from only
42	33		one source, including:
43	34		(1) an item for which competition is precluded because
44	35		of the existence of a patent, copyright, secret process, or
45	36		monopoly;
46	37		(2) a film, manuscript, or book;
47	38		(3) a utility service, including electricity, gas, or
48	39		water; [and]
49	40		(4) a captive replacement part or component for
50	41		equipment;
51	42		(5) a proprietary maintenance service; and
52	43		(6) any other such item or service as provided by
53	44		commissioner rule.
54	45		SECTION 2. Section 44.0331(a), Education Code, is amended
55	46		to read as follows:
56	47		(a) A school district that enters into a purchasing contract
57	48		[valued at $25,000 or more] under Section 44.031(a)(4)
58	49		[44.031(a)(5)], under Subchapter F, Chapter 271, Local Government
59	50		Code, or under any other cooperative purchasing program authorized
60	51		for school districts by law shall document any contract-related fee
61	52		paid by the district, including any management fee, and the purpose
62	53		of each fee under the contract.
63	54		SECTION 3. Section 44.0352(c), Education Code, is amended
64	55		to read as follows:
65	56		(c) The district shall receive, publicly open, and read
66	57		aloud the names of the offerors and, if any are required to be
67	58		stated, all prices stated in each proposal. The [Not later than the
68	59		45th day after the date on which the proposals are opened, the]
69	60		district shall evaluate and rank each proposal submitted in
70	61		relation to the published selection criteria.
71	62		SECTION 4. Sections 44.031(k), (l), and (m), Education
72	63		Code, are repealed.
73	64		SECTION 5. (a) The changes in law made by this Act apply
74	65		only to a solicitation for which a school district first advertises
75	66		or otherwise solicits bids, proposals, offers, qualifications, or
76	67		similar responses on or after the effective date of this Act.
77	68		(b) A solicitation for which a school district first
78	69		advertised or otherwise solicited bids, proposals, offers,
79	70		qualifications, or similar responses before the effective date of
80	71		this Act is governed by the law in effect when the first
81	72		advertisement or solicitation was given, and the former law is
82	73		continued in effect for that purpose.
83	74		SECTION 6. This Act takes effect September 1, 2019.