| 1 | 1 | | By: Bernal H.B. No. 4942 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the amount of an expenditure made by a municipality for |
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| 7 | 7 | | which competitive bidding is required. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 252.021(a), Local Government Code, is |
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| 10 | 10 | | amended to read as follows: |
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| 11 | 11 | | (a) Before a municipality may enter into a contract that |
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| 12 | 12 | | requires an expenditure of more than $100,000 [$50,000] from one or |
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| 13 | 13 | | more municipal funds, the municipality must: |
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| 14 | 14 | | (1) comply with the procedure prescribed by this |
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| 15 | 15 | | subchapter and Subchapter C for competitive sealed bidding or |
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| 16 | 16 | | competitive sealed proposals; |
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| 17 | 17 | | (2) use the reverse auction procedure, as defined by |
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| 18 | 18 | | Section 2155.062(d), Government Code, for purchasing; or |
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| 19 | 19 | | (3) comply with a method described by Chapter 2269, |
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| 20 | 20 | | Government Code. |
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| 21 | 21 | | SECTION 2. Section 252.0215, Local Government Code, is |
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| 22 | 22 | | amended to read as follows: |
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| 23 | 23 | | Sec. 252.0215. COMPETITIVE BIDDING IN RELATION TO |
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| 24 | 24 | | HISTORICALLY UNDERUTILIZED BUSINESS. A municipality, in making an |
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| 25 | 25 | | expenditure of more than $10,000 [$3,000] but less than $100,000 |
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| 26 | 26 | | [$50,000], shall contact at least two historically underutilized |
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| 27 | 27 | | businesses on a rotating basis, based on information provided by |
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| 28 | 28 | | the comptroller pursuant to Chapter 2161, Government Code. If the |
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| 29 | 29 | | list fails to identify a historically underutilized business in the |
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| 30 | 30 | | county in which the municipality is situated, the municipality is |
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| 31 | 31 | | exempt from this section. |
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| 32 | 32 | | SECTION 3. The changes in law made by this Act apply only to |
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| 33 | 33 | | a purchase made on or after the effective date of this Act. A |
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| 34 | 34 | | purchase made before the effective date of this Act is governed by |
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| 35 | 35 | | the law as it existed immediately before the effective date of this |
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| 36 | 36 | | Act, and that law is continued in effect for that purpose. |
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| 37 | 37 | | SECTION 4. This Act takes effect September 1, 2023. |
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