Texas 2025 - 89th Regular

Texas House Bill HB223 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Capriglione H.B. No. 223
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to exemptions to competitive requirements for purchases of
9	9	certain services by a municipality.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 252.022, Local Government Code, is
12	12	amended to read as follows:
13	13	Sec. 252.022. GENERAL EXEMPTIONS. (a) This chapter does
14	14	not apply to an expenditure for:
15	15	(1) a procurement made because of a public calamity
16	16	that requires the immediate appropriation of money to relieve the
17	17	necessity of the municipality's residents or to preserve the
18	18	property of the municipality;
19	19	(2) a procurement necessary to preserve or protect the
20	20	public health or safety of the municipality's residents;
21	21	(3) a procurement necessary because of unforeseen
22	22	damage to public machinery, equipment, or other property;
23	23	(4) except for a procurement for lobbying, government
24	24	relations, or similar services intended to influence state or
25	25	federal lawmakers on behalf of a municipality, a procurement for
26	26	personal, professional, or planning services;
27	27	(5) a procurement for work that is performed and paid
28	28	for by the day as the work progresses;
29	29	(6) a purchase of land or a right-of-way;
30	30	(7) a procurement of items that are available from
31	31	only one source, including:
32	32	(A) items that are available from only one source
33	33	because of patents, copyrights, secret processes, or natural
34	34	monopolies;
35	35	(B) films, manuscripts, or books;
36	36	(C) gas, water, and other utility services;
37	37	(D) captive replacement parts or components for
38	38	equipment;
39	39	(E) books, papers, and other library materials
40	40	for a public library that are available only from the persons
41	41	holding exclusive distribution rights to the materials; and
42	42	(F) management services provided by a nonprofit
43	43	organization to a municipal museum, park, zoo, or other facility to
44	44	which the organization has provided significant financial or other
45	45	benefits;
46	46	(8) a purchase of rare books, papers, and other
47	47	library materials for a public library;
48	48	(9) paving drainage, street widening, and other public
49	49	improvements, or related matters, if at least one-third of the cost
50	50	is to be paid by or through special assessments levied on property
51	51	that will benefit from the improvements;
52	52	(10) a public improvement project, already in
53	53	progress, authorized by the voters of the municipality, for which
54	54	there is a deficiency of funds for completing the project in
55	55	accordance with the plans and purposes authorized by the voters;
56	56	(11) a payment under a contract by which a developer
57	57	participates in the construction of a public improvement as
58	58	provided by Subchapter C, Chapter 212;
59	59	(12) personal property sold:
60	60	(A) at an auction by a state licensed auctioneer;
61	61	(B) at a going out of business sale held in
62	62	compliance with Subchapter F, Chapter 17, Business & Commerce Code;
63	63	(C) by a political subdivision of this state, a
64	64	state agency of this state, or an entity of the federal government;
65	65	or
66	66	(D) under an interlocal contract for cooperative
67	67	purchasing administered by a regional planning commission
68	68	established under Chapter 391;
69	69	(13) services performed by blind or severely disabled
70	70	persons;
71	71	(14) goods purchased by a municipality for subsequent
72	72	retail sale by the municipality;
73	73	(15) electricity; or
74	74	(16) advertising, other than legal notices.
75	75	(b) This chapter does not apply to bonds or warrants issued
76	76	under Subchapter A, Chapter 571.
77	77	(c) This chapter does not apply to expenditures by a
78	78	municipally owned electric or gas utility or unbundled divisions of
79	79	a municipally owned electric or gas utility in connection with any
80	80	purchases by the municipally owned utility or divisions of a
81	81	municipally owned utility made in accordance with procurement
82	82	procedures adopted by a resolution of the body vested with
83	83	authority for management and operation of the municipally owned
84	84	utility or its divisions that sets out the public purpose to be
85	85	achieved by those procedures. This subsection may not be deemed to
86	86	exempt a municipally owned utility from any other applicable
87	87	statute, charter provision, or ordinance.
88	88	(d) This chapter does not apply to an expenditure described
89	89	by Section 252.021(a) if the governing body of a municipality
90	90	determines that a method described by Chapter 2269, Government
91	91	Code, provides a better value for the municipality with respect to
92	92	that expenditure than the procedures described in this chapter and
93	93	the municipality adopts and uses a method described in that chapter
94	94	with respect to that expenditure.
95	95	SECTION 2. The changes in Section 252.022, Local Government
96	96	Code, as made by this Act, apply only to a contract for procurement
97	97	made on or after September 1, 2025. A contract for procurement made
98	98	before September 1, 2025, is governed by the law as it existed
99	99	immediately before the effective date of this Act, and that law is
100	100	continued in effect for that purpose.
101	101	SECTION 3. This Act takes effect September 1, 2025.