By: Bernal H.B. No. 5200
A BILL TO BE ENTITLED
AN ACT
relating to consideration of location of an offeror's principal
place of business in awarding certain municipal contracts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 271, Local Government
Code, is amended by adding Section 271.9052 to read as follows:
Sec. 271.9052. CONSIDERATION OF LOCATION OF OFFEROR'S
PRINCIPAL PLACE OF BUSINESS IN AWARDING CERTAIN MUNICIPAL
CONTRACTS. (a) This section applies only to a municipality that
contains more than 75 percent of the population of a county with a
population of 1.5 million or more.
(b) In purchasing as authorized under this title any
personal property that is not affixed to real property or services
other than professional services, if a municipality that solicits
requests for proposals receives one or more proposals from an
offeror whose principal place of business is in the municipality,
the municipality may consider, as a percentage of the evaluation
factors in accordance with Subsection (c), an offeror's principal
place of business unless the contract is for construction services
in an amount of $100,000 or more.
(c) If a municipality elects to consider an offeror's
principal place of business under Subsection (b) and scores an
offeror's proposal on a 100-point scale, the municipality shall
assign:
(1) 10 points to an offeror with a principal place of
business in the municipality; or
(2) five points to an offeror who employs:
(A) at least 20 percent of the offeror's
employees in the municipality; or
(B) at least 100 employees in the municipality.
(d) This section does not prohibit a municipality from
rejecting any proposal.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.