By: McCall H.B. No. 1185
73R3128 MLR-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to purchasing by local governments; creating an offense.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 262.023(a), Local Government Code, is
1-5 amended to read as follows:
1-6 (a) Before <Except as provided by Subsection (d), before> a
1-7 county may purchase one or more items under a contract that will
1-8 require an expenditure exceeding $25,000 <$10,000>, the
1-9 commissioners court of the county must comply with the competitive
1-10 bidding or competitive proposal procedures prescribed by this
1-11 subchapter. All bids or proposals must be sealed.
1-12 SECTION 2. Section 262.027, Local Government Code, is
1-13 amended by adding Subsection (e) to read as follows:
1-14 (e) The commissioners court may give preference to a bid
1-15 submitted by a bidder whose principal place of business is located
1-16 within the county if the bid does not exceed the bid of any
1-17 responsible nonresident bidder by more than five percent.
1-18 SECTION 3. Chapter 262, Local Government Code, is amended by
1-19 adding Section 262.0271 to read as follows:
1-20 Sec. 262.0271. INFLUENCE PROHIBITION. (a) A person who
1-21 submits a bid, proposal, or resume of professional qualifications
1-22 to a county in relation to the award of a contract for a
1-23 construction project or for any other purchase of an item with
1-24 county funds, may not lobby or influence in any other manner and
2-1 may not attempt to lobby or influence in any other manner an
2-2 officer or employee of the county in that officer's or employee's
2-3 decision to award the contract.
2-4 (b) To be eligible to receive the award of the contract, the
2-5 person submitting the bid, proposal, or resume of professional
2-6 qualifications must certify that the person has not influenced or
2-7 attempted to influence the award of the contract and that no
2-8 attempt will be made by the person or on the person's behalf. The
2-9 certification must be submitted with the bid, proposal, or resume
2-10 of professional qualifications.
2-11 (c) A purchase or contract made by a county officer or
2-12 employee is voidable if that officer or employee was influenced in
2-13 violation of this section.
2-14 SECTION 4. Section 262.030, Local Government Code, is
2-15 amended to read as follows:
2-16 Sec. 262.030. ALTERNATIVE COMPETITIVE PROPOSAL PROCEDURE FOR
2-17 INSURANCE, <OR> HIGH TECHNOLOGY ITEMS, AND SPECIAL SERVICES. (a)
2-18 The competitive proposal procedure provided by this section may be
2-19 used for the purchase of insurance, <or> high technology items, and
2-20 any of the following special services:
2-21 (1) janitorial services;
2-22 (2) landscape maintenance;
2-23 (3) travel management;
2-24 (4) recycling; and
2-25 (5) vending, concession, or commissary services.
2-26 (b) Quotations must be solicited through a request for
2-27 proposals. Public notice for the request for proposals must be
3-1 made in the same manner as provided in the competitive bidding
3-2 procedure. The request for proposals must specify the relative
3-3 importance of price and other evaluation factors. The award of the
3-4 contract shall be made to the responsible offeror whose proposal is
3-5 determined to be the lowest evaluated offer resulting from
3-6 negotiation, taking into consideration the relative importance of
3-7 price and other evaluation factors set forth in the request for
3-8 proposals.
3-9 (c) <(b)> If provided in the request for proposals,
3-10 proposals shall be opened so as to avoid disclosure of contents to
3-11 competing offerors and kept secret during the process of
3-12 negotiation. All proposals that have been submitted shall be
3-13 available and open for public inspection after the contract is
3-14 awarded, except for trade secrets and confidential information
3-15 contained in the proposals and identified as such.
3-16 (d) <(c)> As provided in the request for proposals and under
3-17 rules adopted by the commissioners court, discussions may be
3-18 conducted with responsible offerors who submit proposals determined
3-19 to be reasonably susceptible of being selected for award. Offerors
3-20 must be accorded fair and equal treatment with respect to any
3-21 opportunity for discussion and revision of proposals, and revisions
3-22 may be permitted after submission and before award for the purpose
3-23 of obtaining best and final offers.
3-24 SECTION 5. Section 262.031(b), Local Government Code, is
3-25 amended to read as follows:
3-26 (b) If a change order involves an increase or decrease in
3-27 cost of $50,000 <$15,000> or less, the commissioners court may
4-1 grant general authority to an employee to approve the change
4-2 orders. However, the original contract price may not be increased
4-3 by more than 25 percent. The original contract price may not be
4-4 decreased by 18 percent or more without the consent of the
4-5 contractor.
4-6 SECTION 6. Section 262.032(b), Local Government Code, is
4-7 amended to read as follows:
4-8 (b) Within 20 <10> days after the date of the signing of a
4-9 contract or issuance of a purchase order following the acceptance
4-10 of a bid or proposal, the bidder or proposal offeror shall furnish
4-11 a performance bond to the county for the full amount of the
4-12 contract on a public works project or other purchase, as required
4-13 by the county, that has an estimated contract value of more than
4-14 $100,000 <if that contract exceeds $50,000>.
4-15 SECTION 7. Section 262.034, Local Government Code, is
4-16 amended by adding Subsection (d) to read as follows:
4-17 (d) A person who knowingly or intentionally violates Section
4-18 262.0271(a) commits an offense. An offense under this subsection
4-19 is a Class B misdemeanor.
4-20 SECTION 8. Section 271.024, Local Government Code, is
4-21 amended to read as follows:
4-22 Sec. 271.024. Competitive Bidding Procedure Applicable to
4-23 Contract. If a governmental entity is required by statute to award
4-24 a contract for the construction, repair, or renovation of a
4-25 structure, road, highway, or other improvement or addition to real
4-26 property on the basis of competitive bids, and if the contract
4-27 requires the expenditure of more than $25,000 <$10,000> from the
5-1 funds of the entity, the bidding on the contract must be
5-2 accomplished in the manner provided by this subchapter.
5-3 SECTION 9. Chapter 271, Local Government Code, is amended by
5-4 adding Subchapter E to read as follows:
5-5 SUBCHAPTER E. COOPERATIVE PURCHASING PROGRAM
5-6 Sec. 271.091. DEFINITIONS. In this subchapter:
5-7 (1) "Local cooperative organization" means an
5-8 organization established to provide local governments access to
5-9 contracts with vendors for the purchase of materials, supplies,
5-10 services, or equipment.
5-11 (2) "Local government" means a county, municipality,
5-12 special district, school district, junior college district, or
5-13 other legally constituted political subdivision of the state.
5-14 Sec. 271.092. COOPERATIVE PURCHASING PROGRAM PARTICIPATION.
5-15 (a) A local government may participate in a cooperative purchasing
5-16 program with another local government or a local cooperative
5-17 organization.
5-18 (b) A participating local government must sign an agreement
5-19 with the other local government or cooperative organization, as
5-20 applicable, stating that the signing local government will:
5-21 (1) designate a person to act under the direction of,
5-22 and on behalf of, that governmental body in all matters relating to
5-23 the program;
5-24 (2) purchase under the contracts made under this
5-25 subchapter, except in emergencies;
5-26 (3) make payments directly to a vendor under a
5-27 contract made under this subchapter; and
6-1 (4) be responsible for a vendor's compliance with
6-2 provisions relating to the quality of items and terms of delivery.
6-3 (c) A local government that purchases under this program
6-4 complies with the competitive bidding requirements of this title or
6-5 other state law if the applicable competitive bidding requirements
6-6 are followed by the entity awarding the contract.
6-7 SECTION 10. Section 262.023(d), Local Government Code, is
6-8 repealed.
6-9 SECTION 11. This Act takes effect September 1, 1993.
6-10 SECTION 12. The importance of this legislation and the
6-11 crowded condition of the calendars in both houses create an
6-12 emergency and an imperative public necessity that the
6-13 constitutional rule requiring bills to be read on three several
6-14 days in each house be suspended, and this rule is hereby suspended.