H.B. No. 901
1-1 AN ACT
1-2 relating to contracts made by local governments.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 262.031(b), Local Government Code, is
1-5 amended to read as follows:
1-6 (b) If a change order involves an increase or decrease in
1-7 cost of $15,000 or less, the commissioners court may grant general
1-8 authority to an employee to approve the change orders. However,
1-9 the original contract price may not be increased by more than 25
1-10 percent unless the change order is necessary to comply with a
1-11 federal or state statute, rule, regulation, or judicial decision
1-12 enacted, adopted, or rendered after the contract was made. The
1-13 original contract price may not be decreased by 18 percent or more
1-14 without the consent of the contractor.
1-15 SECTION 2. Subchapter Z, Chapter 271, Local Government Code,
1-16 is amended by adding Section 271.903 to read as follows:
1-17 Sec. 271.903. COMMITMENT OF CURRENT REVENUE. (a) If a
1-18 contract for the acquisition, including lease, of real or personal
1-19 property retains to the governing body of a local government the
1-20 continuing right to terminate at the expiration of each budget
1-21 period of the local government during the term of the contract, is
1-22 conditioned on a best efforts attempt by the governing body to
1-23 obtain and appropriate funds for payment of the contract, or
1-24 contains both the continuing right to terminate and the best
2-1 efforts conditions, the contract is a commitment of the local
2-2 government's current revenues only.
2-3 (b) In this section, "local government" means a
2-4 municipality, county, school district, special purpose district or
2-5 authority, or other political subdivision of this state.
2-6 SECTION 3. Section 271.005(b), Local Government Code, is
2-7 repealed.
2-8 SECTION 4. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended,
2-13 and that this Act take effect and be in force from and after its
2-14 passage, and it is so enacted.