Texas 2023 - 88th Regular

Texas House Bill HB3001 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R3086 KBB-F
2	2	By: Goldman H.B. No. 3001
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to purposes for which certificates of obligation may be
8	8	authorized.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 271.043, Local Government Code, is
11	11	amended by adding Subdivision (5-a) to read as follows:
12	12	(5-a) "Designated infrastructure" means
13	13	infrastructure for a purpose described by Sections
14	14	26.012(9)(A)-(E) and (G), Tax Code.
15	15	SECTION 2. Sections 271.045(a) and (b), Local Government
16	16	Code, are amended to read as follows:
17	17	(a) The governing body of an issuer may authorize
18	18	certificates to pay a contractual obligation to be incurred for
19	19	the:
20	20	(1) construction of any designated infrastructure
21	21	[public work];
22	22	(2) purchase of materials, supplies, equipment,
23	23	machinery, buildings, land, and rights-of-way for authorized needs
24	24	and purposes; or
25	25	(3) payment of contractual obligations for
26	26	professional services, including services provided by tax
27	27	appraisers, engineers, architects, attorneys, map makers,
28	28	auditors, financial advisors, and fiscal agents.
29	29	(b) If necessary because of change orders, certificates may
30	30	be authorized in an amount not to exceed 25 percent of a contractual
31	31	obligation incurred for the construction of designated
32	32	infrastructure [public works], but certificates may be delivered
33	33	only in the amount necessary to discharge contractual obligations.
34	34	SECTION 3. Section 271.057(a), Local Government Code, is
35	35	amended to read as follows:
36	36	(a) Except as provided by Subsection (b), a contract let
37	37	under this subchapter for the construction of designated
38	38	infrastructure [public works] or the purchase of materials,
39	39	equipment, supplies, or machinery and for which competitive bidding
40	40	is required by this subchapter must be let to the lowest responsible
41	41	bidder and, as the governing body determines, may be let on a
42	42	lump-sum basis or unit price basis.
43	43	SECTION 4. Section 271.059, Local Government Code, is
44	44	amended to read as follows:
45	45	Sec. 271.059. CONTRACTOR'S BONDS. If a contract is for the
46	46	construction of designated infrastructure [public works] and is
47	47	required by this subchapter to be submitted to competitive bidding,
48	48	the successful bidder must execute a good and sufficient payment
49	49	bond and performance bond. The bonds must each be:
50	50	(1) in the full amount of the contract price; and
51	51	(2) executed, in accordance with Chapter 2253,
52	52	Government Code, with a surety company authorized to do business in
53	53	this state.
54	54	SECTION 5. The changes in law made by this Act apply only to
55	55	a certificate of obligation authorized to be issued on or after the
56	56	effective date of this Act. A certificate of obligation authorized
57	57	to be issued before the effective date of this Act is governed by
58	58	the law in effect immediately before the effective date of this Act,
59	59	and the former law is continued in effect for that purpose.
60	60	SECTION 6. This Act takes effect September 1, 2023.