Texas 2025 - 89th Regular

Texas House Bill HB790 Compare Versions

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

Old	New	Differences
1	1	89R3266 SCL-D
2	2	By: Spiller H.B. No. 790
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the amount of an expenditure made by certain political
10	10	subdivisions for which a competitive procurement method may be
11	11	required to be used.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 44.031(a), Education Code, is amended to
14	14	read as follows:
15	15	(a) Except as provided by this subchapter, all school
16	16	district contracts for the purchase of goods and services, except
17	17	contracts for the purchase of produce or vehicle fuel, valued at
18	18	[$50,000 or] more than $200,000 in the aggregate for each 12-month
19	19	period shall be made by the method, of the following methods, that
20	20	provides the best value for the district:
21	21	(1) competitive bidding for services other than
22	22	construction services;
23	23	(2) competitive sealed proposals for services other
24	24	than construction services;
25	25	(3) a request for proposals, for services other than
26	26	construction services;
27	27	(4) an interlocal contract;
28	28	(5) a method provided by Chapter 2269, Government
29	29	Code, for construction services;
30	30	(6) the reverse auction procedure as defined by
31	31	Section 2155.062(d), Government Code; or
32	32	(7) the formation of a political subdivision
33	33	corporation under Section 304.001, Local Government Code.
34	34	SECTION 2. Section 775.084(a), Health and Safety Code, is
35	35	amended to read as follows:
36	36	(a) Except as provided by Subsection (i), the board must
37	37	submit to competitive bids an expenditure of more than $200,000
38	38	[$50,000] for:
39	39	(1) one item or service; or
40	40	(2) more than one of the same or a similar type of item
41	41	or service in a fiscal year.
42	42	SECTION 3. Section 252.021(a), Local Government Code, is
43	43	amended to read as follows:
44	44	(a) Before a municipality may enter into a contract that
45	45	requires an expenditure of more than $200,000 [$50,000] from one or
46	46	more municipal funds, the municipality must:
47	47	(1) comply with the procedure prescribed by this
48	48	subchapter and Subchapter C for competitive sealed bidding or
49	49	competitive sealed proposals;
50	50	(2) use the reverse auction procedure, as defined by
51	51	Section 2155.062(d), Government Code, for purchasing; or
52	52	(3) comply with a method described by Chapter 2269,
53	53	Government Code.
54	54	SECTION 4. Section 252.0215, Local Government Code, is
55	55	amended to read as follows:
56	56	Sec. 252.0215. COMPETITIVE BIDDING IN RELATION TO
57	57	HISTORICALLY UNDERUTILIZED BUSINESS. A municipality, in making an
58	58	expenditure of more than $3,000 but not more [less] than $200,000
59	59	[$50,000], shall contact at least two historically underutilized
60	60	businesses on a rotating basis, based on information provided by
61	61	the comptroller pursuant to Chapter 2161, Government Code. If the
62	62	list fails to identify a historically underutilized business in the
63	63	county in which the municipality is situated, the municipality is
64	64	exempt from this section.
65	65	SECTION 5. Section 262.003(a), Local Government Code, is
66	66	amended to read as follows:
67	67	(a) Any law that requires a county to follow a competitive
68	68	procurement procedure in making a purchase requiring the
69	69	expenditure of $200,000 [$50,000] or less does not apply to the
70	70	purchase of an item available for purchase from only one supplier.
71	71	SECTION 6. Section 262.023(a), Local Government Code, is
72	72	amended to read as follows:
73	73	(a) Before a county may purchase one or more items under a
74	74	contract that will require an expenditure exceeding $200,000
75	75	[$50,000], the commissioners court of the county must:
76	76	(1) comply with the competitive bidding or competitive
77	77	proposal procedures prescribed by this subchapter;
78	78	(2) use the reverse auction procedure, as defined by
79	79	Section 2155.062(d), Government Code, for purchasing; or
80	80	(3) comply with a method described by Chapter 2269,
81	81	Government Code.
82	82	SECTION 7. Section 271.024, Local Government Code, is
83	83	amended to read as follows:
84	84	Sec. 271.024. COMPETITIVE PROCUREMENT PROCEDURE APPLICABLE
85	85	TO CONTRACT. If a governmental entity is required by statute to
86	86	award a contract for the construction, repair, or renovation of a
87	87	structure, road, highway, or other improvement or addition to real
88	88	property on the basis of competitive bids, and if the contract
89	89	requires the expenditure of more than $200,000 [$50,000] from the
90	90	funds of the entity, the bidding on the contract must be
91	91	accomplished in the manner provided by this subchapter.
92	92	SECTION 8. Section 271.054, Local Government Code, is
93	93	amended to read as follows:
94	94	Sec. 271.054. COMPETITIVE PROCUREMENT REQUIREMENT. Before
95	95	the governing body of an issuer may enter into a contract requiring
96	96	an expenditure by or imposing an obligation or liability on the
97	97	issuer, or on a subdivision of the issuer if the issuer is a county,
98	98	of more than $200,000 [$50,000], the governing body must:
99	99	(1) submit the proposed contract to competitive
100	100	procurement; or
101	101	(2) use an alternate method of project delivery
102	102	authorized by Chapter 2269, Government Code.
103	103	SECTION 9. Sections 252.312(b) and (c), Transportation
104	104	Code, are amended to read as follows:
105	105	(b) If the county road engineer so recommends and the
106	106	commissioners court considers it to be in the best interest of the
107	107	county, a purchase in an amount of $200,000 [$50,000] or less may be
108	108	made through negotiation by the commissioners court or the court's
109	109	authorized representative on requisition to be approved by the
110	110	commissioners court or the county auditor without advertising for
111	111	competitive bids.
112	112	(c) A purchase may not be divided or reduced to avoid the
113	113	competitive bidding requirement on a purchase that would otherwise
114	114	cost more than $200,000 [$50,000].
115	115	SECTION 10. The changes in law made by this Act apply only
116	116	to a purchase made on or after the effective date of this Act. A
117	117	purchase made before the effective date of this Act is governed by
118	118	the law as it existed immediately before the effective date of this
119	119	Act, and that law is continued in effect for that purpose.
120	120	SECTION 11. This Act takes effect September 1, 2025.