| 1 | 1 | | By: Bernal H.B. No. 5200 |
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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 consideration of location of an offeror's principal |
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| 7 | 7 | | place of business in awarding certain municipal contracts. |
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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. Subchapter Z, Chapter 271, Local Government |
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| 10 | 10 | | Code, is amended by adding Section 271.9052 to read as follows: |
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| 11 | 11 | | Sec. 271.9052. CONSIDERATION OF LOCATION OF OFFEROR'S |
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| 12 | 12 | | PRINCIPAL PLACE OF BUSINESS IN AWARDING CERTAIN MUNICIPAL |
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| 13 | 13 | | CONTRACTS. (a) This section applies only to a municipality that |
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| 14 | 14 | | contains more than 75 percent of the population of a county with a |
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| 15 | 15 | | population of 1.5 million or more. |
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| 16 | 16 | | (b) In purchasing as authorized under this title any |
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| 17 | 17 | | personal property that is not affixed to real property or services |
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| 18 | 18 | | other than professional services, if a municipality that solicits |
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| 19 | 19 | | requests for proposals receives one or more proposals from an |
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| 20 | 20 | | offeror whose principal place of business is in the municipality, |
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| 21 | 21 | | the municipality may consider, as a percentage of the evaluation |
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| 22 | 22 | | factors in accordance with Subsection (c), an offeror's principal |
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| 23 | 23 | | place of business unless the contract is for construction services |
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| 24 | 24 | | in an amount of $100,000 or more. |
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| 25 | 25 | | (c) If a municipality elects to consider an offeror's |
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| 26 | 26 | | principal place of business under Subsection (b) and scores an |
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| 27 | 27 | | offeror's proposal on a 100-point scale, the municipality shall |
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| 28 | 28 | | assign: |
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| 29 | 29 | | (1) 10 points to an offeror with a principal place of |
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| 30 | 30 | | business in the municipality; or |
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| 31 | 31 | | (2) five points to an offeror who employs: |
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| 32 | 32 | | (A) at least 20 percent of the offeror's |
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| 33 | 33 | | employees in the municipality; or |
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| 34 | 34 | | (B) at least 100 employees in the municipality. |
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| 35 | 35 | | (d) This section does not prohibit a municipality from |
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| 36 | 36 | | rejecting any proposal. |
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| 37 | 37 | | SECTION 2. This Act takes effect immediately if it receives |
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| 38 | 38 | | a vote of two-thirds of all the members elected to each house, as |
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| 39 | 39 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 40 | 40 | | Act does not receive the vote necessary for immediate effect, this |
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| 41 | 41 | | Act takes effect September 1, 2023. |
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