By: Bettencourt, West S.B. No. 2046
A BILL TO BE ENTITLED
AN ACT
relating to penalties for certain offenses involving county
competitive bidding requirements; increasing criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 262.034, Local Government Code, is
amended to read as follows:
Sec. 262.034. CRIMINAL PENALTIES. (a) A county officer or
employee commits an offense if the officer or employee
intentionally or knowingly makes or authorizes separate,
sequential, or component purchases to avoid the competitive bidding
requirements of Section 262.023. An offense under this subsection
is a Class A [B] misdemeanor, except that the offense is:
(1) a state jail felony if the purchases have an
aggregated value of over $1 million but less than $5 million; and
(2) a felony of the third degree if the purchases have
an aggregated value of $5 million or more.
(b) [(c)] A county officer or employee commits an offense if
the officer or employee intentionally or knowingly violates this
subchapter, other than by conduct described by Subsection (a). An
offense under this subsection is a Class B [C] misdemeanor, except
that the offense is:
(1) a Class A misdemeanor if the conduct involves a
contract that has a value of over $1 million but less than $5
million; and
(2) a state jail felony if the conduct involves a
contract that has a value of $5 million or more.
SECTION 2. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.
SECTION 3. This Act takes effect September 1, 2025.