By Eckels H.B. No. 1651
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to competitive bidding requirements of certain
1-3 governmental entities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 21.901(a), (b), and (g), Education Code,
1-6 are amended to read as follows:
1-7 (a) Except as provided in this section, all contracts
1-8 proposed to be made by any Texas public school board for the
1-9 purchase of any personal property, except produce or vehicle fuel,
1-10 shall be submitted to competitive bidding for each 12-month period
1-11 when said property is valued at $25,000 <$10,000> or more in the
1-12 aggregate for each 12-month period.
1-13 (b) Except as provided in Subsection (e) of this section,
1-14 all contracts proposed to be made by any Texas public school board
1-15 for the construction, maintenance, repair or renovation of any
1-16 building <or for materials used in said construction, maintenance,
1-17 repair or renovation,> shall be submitted to competitive bidding
1-18 when said contracts are valued at more than $15,000 <$10,000 or
1-19 more>. In this section, maintenance includes supervision of
1-20 custodial, plant operations, maintenance, and ground services
1-21 personnel.
1-22 (g)(1) The board of trustees of a school district may
1-23 purchase without competitive bidding an item that is available from
1-24 only one source, including:
2-1 (A) an item for which competition is precluded
2-2 because of the existence of a patent, copyright, secret process, or
2-3 monopoly;
2-4 (B) a film, manuscript, or book;
2-5 (C) a utility service, including electricity,
2-6 gas, or water; and
2-7 (D) a captive replacement part or component for
2-8 equipment.
2-9 (2) The exceptions provided by this subsection shall
2-10 not apply to mainframe data-processing equipment and peripheral
2-11 attachments with a single-item purchase price in excess of $15,000
2-12 <$10,000>.
2-13 SECTION 2. Section 402.028, Health and Safety Code, is
2-14 amended to read as follows:
2-15 Sec. 402.028. Contracts Over $15,000 <$5,000>. (a) If the
2-16 estimated amount of a proposed contract for the purchase of
2-17 materials, machinery, equipment, or supplies is more than $15,000
2-18 <$5,000>, the board shall ask for competitive bids as provided by
2-19 Subchapter B, Chapter 271, Local Government Code.
2-20 (b) This section does not apply to purchases of property
2-21 from public agencies or to contracts for personal or professional
2-22 services.
2-23 SECTION 3. Section 402.184, Health and Safety Code, is
2-24 amended to read as follows:
2-25 Sec. 402.184. Construction Contract Bids. The authority may
2-26 enter into a construction contract requiring an expenditure of more
2-27 than $15,000 <$5,000> only after competitive bidding as provided by
3-1 Subchapter B, Chapter 271, Local Government Code.
3-2 SECTION 4. Section 776.074(a), Health and Safety Code, is
3-3 amended to read as follows:
3-4 (a) The board must submit to competitive bids an expenditure
3-5 of more than $15,000 <$10,000> for the purchase or lease of:
3-6 (1) one item or service; or
3-7 (2) more than one of the same or a similar type of
3-8 items or services in a fiscal year.
3-9 SECTION 5. Section 794.074(a), Health and Safety Code, is
3-10 amended to read as follows:
3-11 (a) Except as provided by Subsection (i), the board must
3-12 submit to competitive bids an expenditure of more than $15,000
3-13 <$10,000> for:
3-14 (1) one item or service; or
3-15 (2) more than one of the same or a similar type of
3-16 items or services in a fiscal year.
3-17 SECTION 6. Section 252.041(a), Local Government Code, is
3-18 amended to read as follows:
3-19 (a) If the competitive sealed bidding requirement applies to
3-20 the contract, notice of the time and place at which the bids will
3-21 be publicly opened and read aloud <contract will be let> must be
3-22 published at least once a week for two consecutive weeks in a
3-23 newspaper published in the municipality. The date of the first
3-24 publication must be before the 14th day before the date set to
3-25 publicly open the bids and read them aloud <let the contract>. If
3-26 no newspaper is published in the municipality, the notice must be
3-27 posted at the city hall for 14 days before the date set to publicly
4-1 open the bids and read them aloud <let the contract>.
4-2 SECTION 7. Section 252.002, Local Government Code, is
4-3 amended to read as follows:
4-4 Sec. 252.002. Municipal Charter Controls in Case of
4-5 Conflict. Any provision in the charter of a home-rule municipality
4-6 that relates to the notice of contracts, advertisement of the
4-7 notice, requirements for the taking of sealed bids based on
4-8 specifications for public improvements or purchases, <or> the
4-9 manner of publicly opening bids or reading them aloud, or the
4-10 manner of letting contracts and that is in conflict with this
4-11 chapter controls over this chapter unless the governing body of the
4-12 municipality elects to have this chapter supersede the charter.
4-13 SECTION 8. Sections 271.055(a) and (b), Local Government
4-14 Code, are amended to read as follows:
4-15 (a) An issuer must give notice of the time, date, and place
4-16 at which the issuer will publicly open the bids on <let> a contract
4-17 for which competitive bidding is required by this subchapter and
4-18 read the bids aloud. The notice must be given in accordance with
4-19 Subsection (b) or in accordance with:
4-20 (1) Chapter 252, if the issuer is a municipality;
4-21 (2) the municipal charter of the issuer, if the issuer
4-22 is a home-rule municipality; or
4-23 (3) the County Purchasing Act (Subchapter C, Chapter
4-24 262), if the issuer is a county.
4-25 (b) If an issuer gives notice under this subsection, the
4-26 notice must:
4-27 (1) be published once a week for two consecutive weeks
5-1 in a newspaper, as defined by Chapter 84, Acts of the 43rd
5-2 Legislature, 1st Called Session, 1933 (Article 28a, Vernon's Texas
5-3 Civil Statutes), that is of general circulation in the area of the
5-4 issuer, with the date of the first publication to be before the
5-5 14th day before the date set for the public opening of the bids and
5-6 the reading of the bids aloud <receipt of bids>; and
5-7 (2) state that plans and specifications for the work
5-8 to be done or specifications for the machinery, supplies,
5-9 equipment, or materials to be purchased are on file with a
5-10 designated official of the issuer and may be examined without
5-11 charge.
5-12 SECTION 9. Section 252.022(a), Local Government Code, is
5-13 amended to read as follows:
5-14 (a) This chapter does not apply to an expenditure for:
5-15 (1) a procurement made because of a public calamity
5-16 that requires the immediate appropriation of money to relieve the
5-17 necessity of the municipality's residents or to preserve the
5-18 property of the municipality;
5-19 (2) a procurement necessary to preserve or protect the
5-20 public health or safety of the municipality's residents;
5-21 (3) a procurement necessary because of unforeseen
5-22 damage to public machinery, equipment, or other property;
5-23 (4) a procurement for personal or professional
5-24 services;
5-25 (5) a procurement for work that is performed and paid
5-26 for by the day as the work progresses;
5-27 (6) a purchase of land or a right-of-way;
6-1 (7) a procurement of items that are available from
6-2 only one source, including:
6-3 (A) items that are available from only one
6-4 source because of patents, copyrights, secret processes, or natural
6-5 monopolies;
6-6 (B) films, manuscripts, or books;
6-7 (C) electricity, gas, water, and other utility
6-8 services;
6-9 (D) captive replacement parts or components for
6-10 equipment;
6-11 (E) books, papers, and other library materials
6-12 for a public library that are available only from the persons
6-13 holding exclusive distribution rights to the materials; and
6-14 (F) management services provided by a nonprofit
6-15 organization to a municipal museum, park, zoo, or other facility to
6-16 which the organization has provided significant financial or other
6-17 benefits;
6-18 (8) a purchase of rare books, papers, and other
6-19 library materials for a public library;
6-20 (9) paving drainage, street widening, and other public
6-21 improvements, or related matters, if at least one-third of the cost
6-22 is to be paid by or through special assessments levied on property
6-23 that will benefit from the improvements;
6-24 (10) a public improvement project, authorized by the
6-25 voters of the municipality, for which there is a deficiency of
6-26 funds for completing the project in accordance with the plans and
6-27 purposes authorized by the voters;
7-1 (11) a payment under a contract by which a developer
7-2 participates in the construction of a public improvement as
7-3 provided by Subchapter C, Chapter 212; <and>
7-4 (12) personal property sold:
7-5 (A) at an auction by a state licensed
7-6 auctioneer;
7-7 (B) at a going out of business sale held in
7-8 compliance with Subchapter F, Chapter 17, Business & Commerce Code;
7-9 or
7-10 (C) by a political subdivision of this state, a
7-11 state agency of this state, or an entity of the federal government;
7-12 and
7-13 (13) services performed by blind or severely disabled
7-14 persons.
7-15 SECTION 10. The change in law made by this Act to Sections
7-16 252.021 and 271.024, Local Government Code, relating to the
7-17 contractual amount that requires a municipality to solicit
7-18 competitive bids or proposals, applies only to a contract for which
7-19 the notice soliciting bids or proposals is first published or
7-20 posted on or after September 1, 1993. A contract for which the
7-21 notice is first published or posted before September 1, 1993, is
7-22 subject to the law as it existed at the time the notice was first
7-23 published or posted, and the former law is continued in effect for
7-24 that purpose.
7-25 SECTION 11. Section 252.021, Local Government Code, is
7-26 amended to read as follows:
7-27 Sec. 252.021. Competitive Bidding and Competitive Proposal
8-1 Requirements. (a) Before a municipality <with 50,000 or more
8-2 inhabitants> may enter into a contract that requires an expenditure
8-3 of more than $15,000 <$10,000> from one or more municipal funds,
8-4 the municipality must comply with the procedure prescribed by this
8-5 chapter for competitive sealed bidding or competitive sealed
8-6 proposals.
8-7 (b) <Before a municipality with fewer than 50,000
8-8 inhabitants may enter into a contract that requires an expenditure
8-9 of more than $5,000, the municipality must comply with the
8-10 procedure prescribed by this chapter for competitive sealed bidding
8-11 or competitive sealed proposals.>
8-12 <(c)> A municipality may use the competitive sealed proposal
8-13 procedure only for high technology procurements.
8-14 SECTION 12. Section 262.003(a), Local Government Code, is
8-15 amended to read as follows:
8-16 (a) Any law that requires a county to follow a competitive
8-17 bidding procedure in making a purchase requiring the expenditure of
8-18 $15,000 <$5,000> or less does not apply to the purchase of an item
8-19 available for purchase from only one supplier.
8-20 SECTION 13. Section 262.023(a), Local Government Code, is
8-21 amended to read as follows:
8-22 (a) Before <Except as provided by Subsection (d), before> a
8-23 county may purchase one or more items under a contract that will
8-24 require an expenditure exceeding $15,000 <$10,000>, the
8-25 commissioners court of the county must comply with the competitive
8-26 bidding or competitive proposal procedures prescribed by this
8-27 subchapter. All bids or proposals must be sealed.
9-1 SECTION 14. Section 271.024, Local Government Code, is
9-2 amended to read as follows:
9-3 Sec. 271.024. Competitive Bidding Procedure Applicable to
9-4 Contract. If a governmental entity is required by statute to award
9-5 a contract for the construction, repair, or renovation of a
9-6 structure, road, highway, or other improvement or addition to real
9-7 property on the basis of competitive bids, and if the contract
9-8 requires the expenditure of more than $15,000 <$10,000> from the
9-9 funds of the entity, the bidding on the contract must be
9-10 accomplished in the manner provided by this subchapter.
9-11 SECTION 15. Section 271.054, Local Government Code, is
9-12 amended to read as follows:
9-13 Sec. 271.054. Competitive Bidding Requirement. Before the
9-14 governing body of an issuer may enter into a contract requiring an
9-15 expenditure by or imposing an obligation or liability on the
9-16 issuer, or on a subdivision of the issuer if the issuer is a
9-17 county, of more than $15,000 <$5,000>, the governing body must
9-18 submit the proposed contract to competitive bidding.
9-19 SECTION 16. Section 325.039, Local Government Code, is
9-20 amended to read as follows:
9-21 Sec. 325.039. Bids on Contracts for Construction.
9-22 Construction contracts requiring an expenditure of more than
9-23 $15,000 <$5,000> may be made only after competitive bidding as
9-24 provided by Subchapter B, Chapter 271, Local Government Code.
9-25 SECTION 17. Section 325.046(a), Local Government Code, is
9-26 amended to read as follows:
9-27 (a) If the estimated amount of a proposed contract for the
10-1 purchase of vehicles, equipment, or supplies is more than $15,000
10-2 <$5,000>, the board shall ask for competitive bids in accordance
10-3 with the bidding procedures provided by the County Purchasing Act
10-4 (Subchapter C, Chapter 262, Local Government Code) except that the
10-5 bids shall be presented to the board and the board shall award the
10-6 contract.
10-7 SECTION 18. Section 351.137(b), Local Government Code, is
10-8 amended to read as follows:
10-9 (b) Construction contracts requiring an expenditure of more
10-10 than $15,000 <$5,000> may be made only after competitive bidding as
10-11 provided by Subchapter B, Chapter 271.
10-12 SECTION 19. Section 351.144(a), Local Government Code, is
10-13 amended to read as follows:
10-14 (a) If the estimated amount of a proposed contract for the
10-15 purchase of vehicles, equipment, or supplies is more than $15,000
10-16 <$5,000>, the board shall ask for competitive bids in accordance
10-17 with the bidding procedures provided by the County Purchasing Act
10-18 (Subchapter C, Chapter 262) except that the bids shall be presented
10-19 to the board and the board shall award the contract.
10-20 SECTION 20. Section 375.221, Local Government Code, is
10-21 amended to read as follows:
10-22 Sec. 375.221. Competitive Bidding on Certain Public Works
10-23 Contracts. (a) A contract, other than a contract for services,
10-24 for more than $15,000 <$10,000> for the construction of
10-25 improvements or the purchase of material, machinery, equipment,
10-26 supplies, and other property, except real property, may be entered
10-27 into only after competitive bids. Notice of the contract for the
11-1 purpose of soliciting bids shall be published once a week for two
11-2 consecutive weeks in a newspaper with general circulation in the
11-3 area in which the district is located. The first publication of
11-4 notice must be not later than the 15th day before the date set for
11-5 receiving bids. The board may adopt rules governing receipt of
11-6 bids and the award of the contract and providing for the waiver of
11-7 the competitive bid requirement if:
11-8 (1) there is an emergency;
11-9 (2) the needed materials are available from only one
11-10 source;
11-11 (3) in a procurement requiring design by the supplier
11-12 competitive bidding would not be appropriate and competitive
11-13 negotiation, with proposals solicited from an adequate number of
11-14 qualified sources, would permit reasonable competition consistent
11-15 with the nature and requirements of the procurement; or
11-16 (4) after solicitation, it is ascertained that there
11-17 will be only one bidder.
11-18 (b) If <the estimated amount of> a proposed contract for
11-19 works, plant improvements, facilities other than land, or the
11-20 purchase of equipment, appliances, materials, or supplies is for an
11-21 estimated amount of more than $15,000 <$5,000> but less than
11-22 $25,000 or for a duration of more than two years, competitive bids
11-23 shall be asked from at least three persons.
11-24 SECTION 21. Section 6.11(a), Tax Code, is amended to read as
11-25 follows:
11-26 (a) The board of directors of an appraisal district may not
11-27 make a contract requiring an expenditure of more than $15,000
12-1 <$5,000> unless the proposed contract is submitted to competitive
12-2 bidding.
12-3 SECTION 22. Section 60.404(a), Water Code, is amended to
12-4 read as follows:
12-5 (a) If the materials, supplies, machinery, equipment, or
12-6 other items to be purchased or contracted for exceed $15,000
12-7 <$10,000>, notice shall be published as provided by this section.
12-8 SECTION 23. Section 60.406(a), Water Code, is amended to
12-9 read as follows:
12-10 (a) Before a district or port authority may purchase one or
12-11 more items under a contract that will require an expenditure of
12-12 more than $15,000 <$10,000>, the port commission of that district
12-13 or port authority must comply with the competitive bidding
12-14 requirements or proposal procedures provided by Sections 60.404 and
12-15 60.405 of this code. All bids must be sealed.
12-16 SECTION 24. Section 63.168(a), Water Code, is amended to
12-17 read as follows:
12-18 (a) Before the commission enters into a contract requiring
12-19 the expenditure of more than $15,000 <$5,000 or more>, it shall
12-20 submit the proposed contract for competitive bids.
12-21 SECTION 25. Section 66.213(a), Water Code, is amended to
12-22 read as follows:
12-23 (a) If the estimated amount of a proposed contract for the
12-24 purchase of vehicles, equipment, or supplies is more than $15,000
12-25 <$10,000>, the board shall ask for competitive bids as provided by
12-26 Subchapter B, Chapter 271, Local Government Code <Section 66.206 of
12-27 this code>.
13-1 SECTION 26. Section 5(b), Chapter 852, Acts of the 69th
13-2 Legislature, Regular Session, 1985 (Article 969a-2, Vernon's Texas
13-3 Civil Statutes), is amended to read as follows:
13-4 (b) If the management and control of the island property is
13-5 placed in the hands of a board of trustees, the board of trustees
13-6 constitutes a body politic and corporate and may:
13-7 (1) manage, control, maintain, and operate the island
13-8 property;
13-9 (2) employ a general manager and other officers,
13-10 employees, and representatives that the board considers appropriate
13-11 and fix their duties and compensation;
13-12 (3) prepare and adopt budgets, fix charges for
13-13 services and facilities, authorize expenditures, and manage and
13-14 control the income and revenue of the island property;
13-15 (4) determine policies and establish rules and
13-16 procedures for the operation of the island property;
13-17 (5) acquire property and interests in property to
13-18 carry out the purposes of this Act and construct improvements and
13-19 facilities on the property;
13-20 (6) contract in its own name, but not in the name of
13-21 the municipality; contracts involving the expenditure of more than
13-22 $15,000 <$5,000> may be awarded only pursuant to competitive bids,
13-23 except that competitive bids are not required for contracts for
13-24 personal or professional services, real estate transactions,
13-25 operation of facilities or improvements under specific agreements
13-26 for a limited term, or insurance, or contracts for which the board
13-27 of trustees determines that the time delay required by the
14-1 competitive bidding process would prevent or substantially impair
14-2 the operation of the island property;
14-3 (7) issue in the name of the board, with the consent
14-4 of the governing body of the municipality, revenue bonds or other
14-5 obligations payable from revenues in the manner provided by this
14-6 Act and refund previously issued obligations;
14-7 (8) issue in the name of the board, with the consent
14-8 of the governing body of the municipality, current expense notes
14-9 drawn against all or part of the current revenues of the board to
14-10 pay expenses during the fiscal year in which the notes are issued,
14-11 except that the aggregate amount of the notes outstanding may not
14-12 exceed 50 percent of an amount equal to the revenues budgeted for
14-13 that fiscal year less principal and interest on obligations other
14-14 than current expense notes to be paid from the revenues during that
14-15 fiscal year;
14-16 (9) evidence contractual obligations to pay money by
14-17 issuing in the name of the board, with the consent of the governing
14-18 body of the municipality, certificates of participation in the
14-19 contractual obligations;
14-20 (10) sue and be sued in its own name;
14-21 (11) adopt, use, and alter a corporate seal; and
14-22 (12) establish a security force and commission as
14-23 peace officers one or more employees of the force who are certified
14-24 as qualified to be peace officers by the Commission on Law
14-25 Enforcement Officer Standards and Education; peace officers
14-26 commissioned under this Act have the rights, privileges,
14-27 obligations, and duties of other peace officers in this state while
15-1 they are on the property under the control of the board of trustees
15-2 or in the actual course and scope of their employment.
15-3 SECTION 27. Sections 14(a) and (b), Chapter 141, Acts of the
15-4 63rd Legislature, Regular Session, 1973 (Article 1118x, Vernon's
15-5 Texas Civil Statutes), are amended to read as follows:
15-6 (a) Contracts for more than $15,000 <$10,000> for the
15-7 construction of improvements or the purchase of material,
15-8 machinery, equipment supplies and all other property except real
15-9 property, shall be let on competitive bids after notice published
15-10 once a week for two consecutive weeks, the first publication to be
15-11 at least 15 days before the date fixed for receiving bids, in a
15-12 newspaper of general circulation in the area in which the authority
15-13 is located. The board may adopt rules governing the taking of bids
15-14 and the awarding of such contracts and providing for the waiver of
15-15 this requirement in the event of emergency, in the event the needed
15-16 materials are available from only one source, in the event that,
15-17 except for construction of improvements on real property, in a
15-18 procurement requiring design by the supplier competitive bidding
15-19 would not be appropriate and competitive negotiation, with
15-20 proposals solicited from an adequate number of qualified sources,
15-21 would permit reasonable competition consistent with the nature and
15-22 requirements of the procurement, or in the event that, except for
15-23 construction of improvements on real property, after solicitation
15-24 it is ascertained that there will be only one bidder. This
15-25 subsection does not apply to personal and professional services or
15-26 to the acquisition of existing transit systems.
15-27 (b) The board of an authority may not let a contract (1)
16-1 that is not subject to competitive bidding requirements, (2) that
16-2 is for more than $15,000 <$10,000> and (3) that is for the purchase
16-3 of real property or for consulting or professional services, unless
16-4 an announcement that a contract is being considered is posted in a
16-5 prominent place in the principal office of the authority for at
16-6 least two weeks before the contract is awarded. This subsection
16-7 does not apply to the acquisition of existing transit systems.
16-8 SECTION 28. Section 20(a), Chapter 683, Acts of the 66th
16-9 Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
16-10 Civil Statutes), is amended to read as follows:
16-11 (a) Except as otherwise provided by this section, all
16-12 contracts for construction, services, and property, other than real
16-13 property, shall be awarded after full and open competition based on
16-14 solicitations for competitive sealed bids or competitive sealed
16-15 proposals. All solicitations for competitive sealed bids or
16-16 proposals shall describe all evaluation factors for source
16-17 selection and the relative importance of each factor. The
16-18 executive committee may authorize the negotiation of contracts
16-19 without competitive sealed bids or proposals if:
16-20 (1) the aggregate amount involved in the contract is
16-21 <less than $10,000 for property or services or> $15,000 or less
16-22 <for construction>;
16-23 (2) the contract is for construction for which not
16-24 more than one bid or proposal is received;
16-25 (3) the contract is for services or property for which
16-26 there is only one source or for which it is otherwise impracticable
16-27 to obtain competition;
17-1 (4) the contract is to respond to an emergency
17-2 condition for which the public exigency will not permit the delay
17-3 incident to competition;
17-4 (5) the contract is for personal or professional
17-5 services or services for which competitive bidding is precluded by
17-6 law; or
17-7 (6) the contract, whether in the form of bonds, notes,
17-8 other obligations, loan agreements, or otherwise, is for the
17-9 purpose of borrowing money or is a part of a transaction relating
17-10 to the borrowing of money, including credit support agreements,
17-11 such as lines or letters of credit or other debt guaranties, bond,
17-12 note, debt sale or purchase, trustee, paying agent, remarketing
17-13 agent, indexing agent, or similar agreements, agreements with
17-14 securities dealers, brokers, or underwriters, and any other
17-15 contracts or agreements considered by the executive committee to be
17-16 appropriate or necessary in support of the authority's financing
17-17 activities.
17-18 SECTION 29. Section 3(b), Chapter 341, Acts of the 57th
17-19 Legislature, Regular Session, 1961 (Article 1187f, Vernon's Texas
17-20 Civil Statutes), is amended to read as follows:
17-21 (b) If the management and control of the improvements and
17-22 facilities is placed in the hands of a board of trustees by
17-23 ordinance or Charter under Subsection (a) of this section, the
17-24 board of trustees constitutes a body politic and corporate for the
17-25 purpose of issuing bonds or other obligations and shall have and
17-26 exercise, in addition to the powers enumerated in the ordinance or
17-27 Charter, the following powers and authority:
18-1 (1) to exercise full management, control, maintenance,
18-2 and operation of the improvements and facilities constituting the
18-3 ports and harbors of the city;
18-4 (2) to employ a general manager and other officers,
18-5 employees, and representatives as the board may consider
18-6 appropriate and to fix their duties and compensation;
18-7 (3) notwithstanding the provisions or restrictions of
18-8 any general or special law or Charter to the contrary, to prepare
18-9 and adopt budgets for the operation of the ports and harbors of the
18-10 city, fix charges for services and facilities, authorize
18-11 expenditures, and manage and control the income and revenue of the
18-12 city's ports and harbors;
18-13 (4) to determine policies and establish rules and
18-14 procedures for the operation of the ports and harbors of the city;
18-15 (5) to acquire property and interest in property for
18-16 the purposes set forth in Section 1 of this Act in the manner
18-17 provided by this Act and to construct improvements and facilities
18-18 on the property;
18-19 (6) to contract in its own name, but not in the name
18-20 of the city. Except as otherwise provided by this Act, all such
18-21 contracts involving the expenditure of more than $15,000 <$10,000>
18-22 shall be awarded only pursuant to competitive bids. However,
18-23 competitive bids are not required for contracts for personal or
18-24 professional services, real estate transactions, operation of port
18-25 facilities or improvements under specific agreements for a limited
18-26 term, or insurance, or if the board of trustees determines that the
18-27 time delay posed by the competitive bidding process would prevent
19-1 or substantially impair the conduct of port operation;
19-2 (7) to issue in the name of the board, with the
19-3 consent of the governing body of the city, revenue bonds or other
19-4 obligations payable from revenues in the manner set out in this Act
19-5 for the purpose of providing funds for any of the improvements and
19-6 facilities provided by Section 1 of this Act or to refund any
19-7 previously issued bonds or other obligations;
19-8 (8) to issue in the name of the board, with the
19-9 consent of the governing body of the city, current expense warrants
19-10 drawn against all or any part of the current revenues of the board
19-11 to pay current expenses during the current fiscal year of the board
19-12 or any part of the current fiscal year. However, in no event shall
19-13 the aggregate amount of the warrants that are outstanding at any
19-14 time during any fiscal year exceed 50 percent of the revenues
19-15 budgeted for that fiscal year after subtracting from the budgeted
19-16 revenues all principal and interest on bonds or obligations other
19-17 than current expense warrants to be paid from the revenues during
19-18 the fiscal year;
19-19 (9) to evidence contractual obligations to pay money
19-20 by issuing in the name of the board, with the consent of the
19-21 governing body of the city, certificates of participation in the
19-22 contractual obligations;
19-23 (10) to sue and be sued in its own name;
19-24 (11) to adopt, use, and alter a corporate seal; and
19-25 (12) to establish a port security force, to employ one
19-26 or more public security officers licensed by the Commission on Law
19-27 Enforcement Officer Standards and Education, and to commission one
20-1 or more employees of the force as peace officers if they are
20-2 certified as qualified to be peace officers by the Commission on
20-3 Law Enforcement Officer Standards and Education, which peace
20-4 officers commissioned under this Act are vested with all the
20-5 rights, privileges, obligations, and duties of any other peace
20-6 officer in this state while they are on the property under the
20-7 control of the board of trustees, or in the actual course and scope
20-8 of their employment.
20-9 SECTION 30. Section 5.06(a), Crime Control and Prevention
20-10 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
20-11 amended to read as follows:
20-12 (a) A board may prescribe the method of making purchases and
20-13 expenditures by and for the district; however, the board may enter
20-14 purchasing contracts that involve spending more than $15,000
20-15 <$5,000> only after competitive bidding as provided by Subchapter
20-16 C, Chapter 262, Local Government Code, to the extent those
20-17 provisions can be made applicable to the board.
20-18 SECTION 31. Section 4.07, Chapter 670, Acts of the 72nd
20-19 Legislature, Regular Session, 1991 (Article 4477-7j, Vernon's Texas
20-20 Civil Statutes), is amended to read as follows:
20-21 Sec. 4.07. Bids on contracts. Contracts entered into under
20-22 Section 4.06 of this Act requiring an expenditure of more than
20-23 $15,000 <$10,000> may be made only after competitive bidding as
20-24 provided by Subchapter B, Chapter 271, Local Government Code.
20-25 SECTION 32. Section 4.13, Chapter 670, Acts of the 72nd
20-26 Legislature, Regular Session, 1991 (Article 4477-7j, Vernon's Texas
20-27 Civil Statutes), is amended to read as follows:
21-1 Sec. 4.13. Contracts for purchase of vehicles, equipment,
21-2 and supplies over $15,000 <$10,000>. (a) If the estimated amount
21-3 of a proposed contract for the purchase of vehicles, equipment, or
21-4 supplies is more than $15,000 <$10,000>, the board shall ask for
21-5 competitive bids as provided by Section 4.07 of this Act.
21-6 (b) This section does not apply to purchase of property from
21-7 public agencies or to contracts for personal or professional
21-8 services.
21-9 SECTION 33. Section 4.07, Chapter 734, Acts of the 72nd
21-10 Legislature, Regular Session, 1991 (Article 4477-7k, Vernon's Texas
21-11 Civil Statutes), is amended to read as follows:
21-12 Sec. 4.07. Bids on contracts. Contracts entered into under
21-13 Section 4.06 of this Act requiring an expenditure of more than
21-14 $15,000 <$10,000> may be made only after competitive bidding as
21-15 provided by Subchapter B, Chapter 271, Local Government Code.
21-16 SECTION 34. Section 4.13, Chapter 734, Acts of the 72nd
21-17 Legislature, Regular Session, 1991 (Article 4477-7k, Vernon's Texas
21-18 Civil Statutes), is amended to read as follows:
21-19 Sec. 4.13. Contracts for purchase of vehicles, equipment,
21-20 and supplies over $15,000 <$10,000>. (a) If the estimated amount
21-21 of a proposed contract for the purchase of vehicles, equipment, or
21-22 supplies is more than $15,000 <$10,000>, the board shall ask for
21-23 competitive bids as provided by Section 4.07 of this Act.
21-24 (b) This section does not apply to purchase of property from
21-25 public agencies or to contracts for personal or professional
21-26 services.
21-27 SECTION 35. Section 7, Chapter 623, Acts of the 67th
22-1 Legislature, Regular Session, 1981 (Article 6550c, Vernon's Texas
22-2 Civil Statutes), is amended to read as follows:
22-3 Sec. 7. Competitive Bids. A contract in the amount of more
22-4 than $15,000 <$10,000> for the construction of improvements or the
22-5 purchase of material, machinery, equipment, supplies, or any other
22-6 property except real property may only be let on competitive bids
22-7 after notice published, at least 15 days before the date set for
22-8 receiving bids, in a newspaper of general circulation in the
22-9 district. A board may adopt rules governing the taking of bids and
22-10 the awarding of contracts. This section does not apply to personal
22-11 or professional services or the acquisition of existing rail
22-12 transportation systems.
22-13 SECTION 36. Section 35, Chapter 13, Acts of the 68th
22-14 Legislature, 2nd Called Session, 1984 (Article 6674r-1, Vernon's
22-15 Texas Civil Statutes), is amended to read as follows:
22-16 Sec. 35. Construction Bids. Construction or improvement
22-17 contracts requiring an expenditure of more than $15,000 <$5,000>
22-18 may be made only after competitive bidding as provided by
22-19 Subchapter B, Chapter 271, Local Government Code <Chapter 770, Acts
22-20 of the 66th Legislature, Regular Session, 1979 (Article 2368a.3,
22-21 Vernon's Texas Civil Statutes)>.
22-22 SECTION 37. Section 3.211, County Road and Bridge Act
22-23 (Article 6702-1, Vernon's Texas Civil Statutes), is amended to read
22-24 as follows:
22-25 Sec. 3.211. Competitive Bidding. All equipment, materials,
22-26 and supplies for the construction and maintenance of county roads
22-27 and for the county road department shall be purchased by the
23-1 commissioners court on competitive bids in conformity with
23-2 estimates and specifications prepared by the county road engineer.
23-3 However, on recommendation of the county road engineer and when in
23-4 the judgment of the commissioners court it is considered in the
23-5 best interest of the county, purchases in an amount not to exceed
23-6 $15,000 <$10,000> may be made through negotiation by the
23-7 commissioners court or the commissioners court's authorized
23-8 representative on requisition to be approved by the commissioners
23-9 court or the county auditor without advertising for competitive
23-10 bids. Before any claim covering the purchase of the equipment,
23-11 materials, and supplies and for any services contracted for by the
23-12 commissioners court may be ordered paid by the commissioners court,
23-13 the county road engineer must certify in writing the correctness of
23-14 the claim and must certify that the respective equipment,
23-15 materials, and supplies covered by the claim conform to
23-16 specifications approved by him, that the equipment, materials, and
23-17 supplies were delivered in good condition, and that any road
23-18 department services contracted for by the commissioners court have
23-19 been satisfactorily performed. This section does not permit the
23-20 division or reduction of purchases for the purpose of avoiding the
23-21 requirement of taking formal bids on purchases that would otherwise
23-22 exceed $15,000 <$10,000>.
23-23 SECTION 38. Section 262.023(d), Local Government Code, is
23-24 repealed.
23-25 SECTION 39. This Act takes effect September 1, 1993.
23-26 SECTION 40. The importance of this legislation and the
23-27 crowded condition of the calendars in both houses create an
24-1 emergency and an imperative public necessity that the
24-2 constitutional rule requiring bills to be read on three several
24-3 days in each house be suspended, and this rule is hereby suspended.