| Old | New | Differences | |
|---|---|---|---|
| 1 | - | By: Walle, et al. H.B. No. 4437 | |
| 1 | + | 87R20740 SMT-D | |
| 2 | + | By: Walle H.B. No. 4437 | |
| 3 | + | Substitute the following for H.B. No. 4437: | |
| 4 | + | By: Lopez C.S.H.B. No. 4437 | |
| 2 | 5 | ||
| 3 | 6 | ||
| 4 | 7 | A BILL TO BE ENTITLED | |
| 5 | 8 | AN ACT | |
| 6 | 9 | relating to the authority of certain counties to consider a | |
| 7 | 10 | prospective contractor's principal place of business when awarding | |
| 8 | 11 | certain contracts. | |
| 9 | 12 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 10 | 13 | SECTION 1. Subchapter Z, Chapter 271, Local Government | |
| 11 | 14 | Code, is amended by adding Section 271.909 to read as follows: | |
| 12 | 15 | Sec. 271.909. CONSIDERATION OF LOCATION OF BIDDER'S | |
| 13 | 16 | PRINCIPAL PLACE OF BUSINESS FOR AWARDING CERTAIN COUNTY CONTRACTS. | |
| 14 | 17 | (a) This section applies only to a county with a population of more | |
| 15 | 18 | than 3.3 million. | |
| 16 | 19 | (b) A county may award a contract for services or for the | |
| 17 | 20 | construction, repair, or renovation of a structure, road, highway, | |
| 18 | 21 | or other improvement or addition to real property to a bidder whose | |
| 19 | - | principal place of business is in the county or in a contiguous | |
| 20 | - | county if: | |
| 22 | + | principal place of business is in the county if: | |
| 21 | 23 | (1) the bid or proposed price submitted by the bidder | |
| 22 | 24 | is within three percent of the lowest bid or proposed price received | |
| 23 | 25 | by the county from a bidder with the ability to perform the contract | |
| 24 | - | that does not have a principal place of business in the county or in | |
| 25 | - | a contiguous county; and | |
| 26 | + | that does not have a principal place of business in the county; and | |
| 26 | 27 | (2) the commissioners court determines, in writing, | |
| 27 | 28 | that the bid or proposal of the bidder offers the county the best | |
| 28 | 29 | combination of contract price, ability to perform the contract, | |
| 29 | 30 | and additional economic development opportunities for the county | |
| 30 | 31 | created by the contract award, including the employment of | |
| 31 | 32 | residents of the county and increased tax revenues to the county. | |
| 32 | 33 | (c) This section does not prohibit a county from rejecting | |
| 33 | 34 | all bids. | |
| 34 | - | (d) This section does not apply to a contract for | |
| 35 | - | professional services governed by Subchapter A, Chapter 2254, | |
| 36 | - | Government Code. | |
| 37 | - | (e) A county may not award a contract to a bidder under this | |
| 38 | - | section if a person who approves the contract is related to the | |
| 39 | - | bidder within the third degree by consanguinity or within the | |
| 40 | - | second degree by affinity, as described by Subchapter B, Chapter | |
| 41 | - | 573, Government Code. | |
| 42 | - | (f) A county may not award a contract to a bidder under this | |
| 43 | - | section if a person who approves the contract has financial ties to | |
| 44 | - | the bidder. | |
| 45 | 35 | SECTION 2. The change in law made by this Act applies only | |
| 46 | 36 | to a contract for which a county first advertises or otherwise | |
| 47 | 37 | solicits bids, proposals, offers, or qualifications or makes a | |
| 48 | 38 | similar solicitation on or after the effective date of this Act. A | |
| 49 | 39 | contract for which a county first advertises or otherwise solicits | |
| 50 | 40 | bids, proposals, offers, or qualifications or makes a similar | |
| 51 | 41 | solicitation before the effective date of this Act is governed by | |
| 52 | 42 | the law in effect on the date the advertisement or solicitation was | |
| 53 | 43 | made, and that law is continued in effect for that purpose. | |
| 54 | 44 | SECTION 3. This Act takes effect September 1, 2021. |