73R9205 DWS-F
By Eckels H.B. No. 1651
Substitute the following for H.B. No. 1651:
By Turner of Harris C.S.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 shall be submitted to competitive
1-10 bidding when said property is valued at more than $15,000 <$10,000
1-11 or more>.
1-12 (b) Except as provided in Subsection (e) of this section,
1-13 all contracts proposed to be made by any Texas public school board
1-14 for the construction, maintenance, repair or renovation of any
1-15 building or for materials used in said construction, maintenance,
1-16 repair or renovation, shall be submitted to competitive bidding
1-17 when said contracts are valued at more than $15,000 <$10,000 or
1-18 more>. In this section, maintenance includes supervision of
1-19 custodial, plant operations, maintenance, and ground services
1-20 personnel.
1-21 (g)(1) The board of trustees of a school district may
1-22 purchase without competitive bidding an item that is available from
1-23 only one source, including:
1-24 (A) an item for which competition is precluded
2-1 because of the existence of a patent, copyright, secret process, or
2-2 monopoly;
2-3 (B) a film, manuscript, or book;
2-4 (C) a utility service, including electricity,
2-5 gas, or water; and
2-6 (D) a captive replacement part or component for
2-7 equipment.
2-8 (2) The exceptions provided by this subsection shall
2-9 not apply to mainframe data-processing equipment and peripheral
2-10 attachments with a single-item purchase price in excess of $15,000
2-11 <$10,000>.
2-12 SECTION 2. Section 402.028, Health and Safety Code, is
2-13 amended to read as follows:
2-14 Sec. 402.028. Contracts Over $15,000 <$5,000>. (a) If the
2-15 estimated amount of a proposed contract for the purchase of
2-16 materials, machinery, equipment, or supplies is more than $15,000
2-17 <$5,000>, the board shall ask for competitive bids as provided by
2-18 Subchapter B, Chapter 271, Local Government Code.
2-19 (b) This section does not apply to purchases of property
2-20 from public agencies or to contracts for personal or professional
2-21 services.
2-22 SECTION 3. Section 402.184, Health and Safety Code, is
2-23 amended to read as follows:
2-24 Sec. 402.184. Construction Contract Bids. The authority may
2-25 enter into a construction contract requiring an expenditure of more
2-26 than $15,000 <$5,000> only after competitive bidding as provided by
2-27 Subchapter B, Chapter 271, Local Government Code.
3-1 SECTION 4. Section 776.074(a), Health and Safety Code, is
3-2 amended to read as follows:
3-3 (a) The board must submit to competitive bids an expenditure
3-4 of more than $15,000 <$10,000> for the purchase or lease of:
3-5 (1) one item or service; or
3-6 (2) more than one of the same or a similar type of
3-7 items or services in a fiscal year.
3-8 SECTION 5. Section 794.074(a), Health and Safety Code, is
3-9 amended to read as follows:
3-10 (a) Except as provided by Subsection (i), the board must
3-11 submit to competitive bids an expenditure of more than $15,000
3-12 <$10,000> for:
3-13 (1) one item or service; or
3-14 (2) more than one of the same or a similar type of
3-15 items or services in a fiscal year.
3-16 SECTION 6. Section 252.021, Local Government Code, is
3-17 amended to read as follows:
3-18 Sec. 252.021. Competitive Bidding and Competitive Proposal
3-19 Requirements. (a) Before a municipality <with 50,000 or more
3-20 inhabitants> may enter into a contract that requires an expenditure
3-21 of more than $15,000 <$10,000> from one or more municipal funds,
3-22 the municipality must comply with the procedure prescribed by this
3-23 chapter for competitive sealed bidding or competitive sealed
3-24 proposals.
3-25 (b) <Before a municipality with fewer than 50,000
3-26 inhabitants may enter into a contract that requires an expenditure
3-27 of more than $5,000, the municipality must comply with the
4-1 procedure prescribed by this chapter for competitive sealed bidding
4-2 or competitive sealed proposals.>
4-3 <(c)> A municipality may use the competitive sealed proposal
4-4 procedure only for high technology procurements.
4-5 SECTION 7. Section 262.003(a), Local Government Code, is
4-6 amended to read as follows:
4-7 (a) Any law that requires a county to follow a competitive
4-8 bidding procedure in making a purchase requiring the expenditure of
4-9 $15,000 <$5,000> or less does not apply to the purchase of an item
4-10 available for purchase from only one supplier.
4-11 SECTION 8. Section 262.023(a), Local Government Code, is
4-12 amended to read as follows:
4-13 (a) Before <Except as provided by Subsection (d), before> a
4-14 county may purchase one or more items under a contract that will
4-15 require an expenditure exceeding $15,000 <$10,000>, the
4-16 commissioners court of the county must comply with the competitive
4-17 bidding or competitive proposal procedures prescribed by this
4-18 subchapter. All bids or proposals must be sealed.
4-19 SECTION 9. Section 271.024, Local Government Code, is
4-20 amended to read as follows:
4-21 Sec. 271.024. Competitive Bidding Procedure Applicable to
4-22 Contract. If a governmental entity is required by statute to award
4-23 a contract for the construction, repair, or renovation of a
4-24 structure, road, highway, or other improvement or addition to real
4-25 property on the basis of competitive bids, and if the contract
4-26 requires the expenditure of more than $15,000 <$10,000> from the
4-27 funds of the entity, the bidding on the contract must be
5-1 accomplished in the manner provided by this subchapter.
5-2 SECTION 10. Section 271.054, Local Government Code, is
5-3 amended to read as follows:
5-4 Sec. 271.054. Competitive Bidding Requirement. Before the
5-5 governing body of an issuer may enter into a contract requiring an
5-6 expenditure by or imposing an obligation or liability on the
5-7 issuer, or on a subdivision of the issuer if the issuer is a
5-8 county, of more than $15,000 <$5,000>, the governing body must
5-9 submit the proposed contract to competitive bidding.
5-10 SECTION 11. Section 325.039, Local Government Code, is
5-11 amended to read as follows:
5-12 Sec. 325.039. Bids on Contracts for Construction.
5-13 Construction contracts requiring an expenditure of more than
5-14 $15,000 <$5,000> may be made only after competitive bidding as
5-15 provided by Subchapter B, Chapter 271, Local Government Code.
5-16 SECTION 12. Section 325.046(a), Local Government Code, is
5-17 amended to read as follows:
5-18 (a) If the estimated amount of a proposed contract for the
5-19 purchase of vehicles, equipment, or supplies is more than $15,000
5-20 <$5,000>, the board shall ask for competitive bids in accordance
5-21 with the bidding procedures provided by the County Purchasing Act
5-22 (Subchapter C, Chapter 262, Local Government Code) except that the
5-23 bids shall be presented to the board and the board shall award the
5-24 contract.
5-25 SECTION 13. Section 351.137(b), Local Government Code, is
5-26 amended to read as follows:
5-27 (b) Construction contracts requiring an expenditure of more
6-1 than $15,000 <$5,000> may be made only after competitive bidding as
6-2 provided by Subchapter B, Chapter 271.
6-3 SECTION 14. Section 351.144(a), Local Government Code, is
6-4 amended to read as follows:
6-5 (a) If the estimated amount of a proposed contract for the
6-6 purchase of vehicles, equipment, or supplies is more than $15,000
6-7 <$5,000>, the board shall ask for competitive bids in accordance
6-8 with the bidding procedures provided by the County Purchasing Act
6-9 (Subchapter C, Chapter 262) except that the bids shall be presented
6-10 to the board and the board shall award the contract.
6-11 SECTION 15. Section 375.221, Local Government Code, is
6-12 amended to read as follows:
6-13 Sec. 375.221. Competitive Bidding on Certain Public Works
6-14 Contracts. (a) A contract, other than a contract for services,
6-15 for more than $15,000 <$10,000> for the construction of
6-16 improvements or the purchase of material, machinery, equipment,
6-17 supplies, and other property, except real property, may be entered
6-18 into only after competitive bids. Notice of the contract for the
6-19 purpose of soliciting bids shall be published once a week for two
6-20 consecutive weeks in a newspaper with general circulation in the
6-21 area in which the district is located. The first publication of
6-22 notice must be not later than the 15th day before the date set for
6-23 receiving bids. The board may adopt rules governing receipt of
6-24 bids and the award of the contract and providing for the waiver of
6-25 the competitive bid requirement if:
6-26 (1) there is an emergency;
6-27 (2) the needed materials are available from only one
7-1 source;
7-2 (3) in a procurement requiring design by the supplier
7-3 competitive bidding would not be appropriate and competitive
7-4 negotiation, with proposals solicited from an adequate number of
7-5 qualified sources, would permit reasonable competition consistent
7-6 with the nature and requirements of the procurement; or
7-7 (4) after solicitation, it is ascertained that there
7-8 will be only one bidder.
7-9 (b) If <the estimated amount of> a proposed contract for
7-10 works, plant improvements, facilities other than land, or the
7-11 purchase of equipment, appliances, materials, or supplies is for an
7-12 estimated amount of more than $15,000 <$5,000> but less than
7-13 $25,000 or for a duration of more than two years, competitive bids
7-14 shall be asked from at least three persons.
7-15 SECTION 16. Section 6.11(a), Tax Code, is amended to read as
7-16 follows:
7-17 (a) The board of directors of an appraisal district may not
7-18 make a contract requiring an expenditure of more than $15,000
7-19 <$5,000> unless the proposed contract is submitted to competitive
7-20 bidding.
7-21 SECTION 17. Section 60.404(a), Water Code, is amended to
7-22 read as follows:
7-23 (a) If the materials, supplies, machinery, equipment, or
7-24 other items to be purchased or contracted for exceed $15,000
7-25 <$10,000>, notice shall be published as provided by this section.
7-26 SECTION 18. Section 60.406(a), Water Code, is amended to
7-27 read as follows:
8-1 (a) Before a district or port authority may purchase one or
8-2 more items under a contract that will require an expenditure of
8-3 more than $15,000 <$10,000>, the port commission of that district
8-4 or port authority must comply with the competitive bidding
8-5 requirements or proposal procedures provided by Sections 60.404 and
8-6 60.405 of this code. All bids must be sealed.
8-7 SECTION 19. Section 63.168(a), Water Code, is amended to
8-8 read as follows:
8-9 (a) Before the commission enters into a contract requiring
8-10 the expenditure of more than $15,000 <$5,000 or more>, it shall
8-11 submit the proposed contract for competitive bids.
8-12 SECTION 20. Section 66.213(a), Water Code, is amended to
8-13 read as follows:
8-14 (a) If the estimated amount of a proposed contract for the
8-15 purchase of vehicles, equipment, or supplies is more than $15,000
8-16 <$10,000>, the board shall ask for competitive bids as provided by
8-17 Subchapter B, Chapter 271, Local Government Code <Section 66.206 of
8-18 this code>.
8-19 SECTION 21. Section 5(b), Chapter 852, Acts of the 69th
8-20 Legislature, Regular Session, 1985 (Article 969a-2, Vernon's Texas
8-21 Civil Statutes), is amended to read as follows:
8-22 (b) If the management and control of the island property is
8-23 placed in the hands of a board of trustees, the board of trustees
8-24 constitutes a body politic and corporate and may:
8-25 (1) manage, control, maintain, and operate the island
8-26 property;
8-27 (2) employ a general manager and other officers,
9-1 employees, and representatives that the board considers appropriate
9-2 and fix their duties and compensation;
9-3 (3) prepare and adopt budgets, fix charges for
9-4 services and facilities, authorize expenditures, and manage and
9-5 control the income and revenue of the island property;
9-6 (4) determine policies and establish rules and
9-7 procedures for the operation of the island property;
9-8 (5) acquire property and interests in property to
9-9 carry out the purposes of this Act and construct improvements and
9-10 facilities on the property;
9-11 (6) contract in its own name, but not in the name of
9-12 the municipality; contracts involving the expenditure of more than
9-13 $15,000 <$5,000> may be awarded only pursuant to competitive bids,
9-14 except that competitive bids are not required for contracts for
9-15 personal or professional services, real estate transactions,
9-16 operation of facilities or improvements under specific agreements
9-17 for a limited term, or insurance, or contracts for which the board
9-18 of trustees determines that the time delay required by the
9-19 competitive bidding process would prevent or substantially impair
9-20 the operation of the island property;
9-21 (7) issue in the name of the board, with the consent
9-22 of the governing body of the municipality, revenue bonds or other
9-23 obligations payable from revenues in the manner provided by this
9-24 Act and refund previously issued obligations;
9-25 (8) issue in the name of the board, with the consent
9-26 of the governing body of the municipality, current expense notes
9-27 drawn against all or part of the current revenues of the board to
10-1 pay expenses during the fiscal year in which the notes are issued,
10-2 except that the aggregate amount of the notes outstanding may not
10-3 exceed 50 percent of an amount equal to the revenues budgeted for
10-4 that fiscal year less principal and interest on obligations other
10-5 than current expense notes to be paid from the revenues during that
10-6 fiscal year;
10-7 (9) evidence contractual obligations to pay money by
10-8 issuing in the name of the board, with the consent of the governing
10-9 body of the municipality, certificates of participation in the
10-10 contractual obligations;
10-11 (10) sue and be sued in its own name;
10-12 (11) adopt, use, and alter a corporate seal; and
10-13 (12) establish a security force and commission as
10-14 peace officers one or more employees of the force who are certified
10-15 as qualified to be peace officers by the Commission on Law
10-16 Enforcement Officer Standards and Education; peace officers
10-17 commissioned under this Act have the rights, privileges,
10-18 obligations, and duties of other peace officers in this state while
10-19 they are on the property under the control of the board of trustees
10-20 or in the actual course and scope of their employment.
10-21 SECTION 22. Sections 14(a) and (b), Chapter 141, Acts of the
10-22 63rd Legislature, Regular Session, 1973 (Article 1118x, Vernon's
10-23 Texas Civil Statutes), are amended to read as follows:
10-24 (a) Contracts for more than $15,000 <$10,000> for the
10-25 construction of improvements or the purchase of material,
10-26 machinery, equipment supplies and all other property except real
10-27 property, shall be let on competitive bids after notice published
11-1 once a week for two consecutive weeks, the first publication to be
11-2 at least 15 days before the date fixed for receiving bids, in a
11-3 newspaper of general circulation in the area in which the authority
11-4 is located. The board may adopt rules governing the taking of bids
11-5 and the awarding of such contracts and providing for the waiver of
11-6 this requirement in the event of emergency, in the event the needed
11-7 materials are available from only one source, in the event that,
11-8 except for construction of improvements on real property, in a
11-9 procurement requiring design by the supplier competitive bidding
11-10 would not be appropriate and competitive negotiation, with
11-11 proposals solicited from an adequate number of qualified sources,
11-12 would permit reasonable competition consistent with the nature and
11-13 requirements of the procurement, or in the event that, except for
11-14 construction of improvements on real property, after solicitation
11-15 it is ascertained that there will be only one bidder. This
11-16 subsection does not apply to personal and professional services or
11-17 to the acquisition of existing transit systems.
11-18 (b) The board of an authority may not let a contract (1)
11-19 that is not subject to competitive bidding requirements, (2) that
11-20 is for more than $15,000 <$10,000> and (3) that is for the purchase
11-21 of real property or for consulting or professional services, unless
11-22 an announcement that a contract is being considered is posted in a
11-23 prominent place in the principal office of the authority for at
11-24 least two weeks before the contract is awarded. This subsection
11-25 does not apply to the acquisition of existing transit systems.
11-26 SECTION 23. Section 20(a), Chapter 683, Acts of the 66th
11-27 Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
12-1 Civil Statutes), is amended to read as follows:
12-2 (a) Except as otherwise provided by this section, all
12-3 contracts for construction, services, and property, other than real
12-4 property, shall be awarded after full and open competition based on
12-5 solicitations for competitive sealed bids or competitive sealed
12-6 proposals. All solicitations for competitive sealed bids or
12-7 proposals shall describe all evaluation factors for source
12-8 selection and the relative importance of each factor. The
12-9 executive committee may authorize the negotiation of contracts
12-10 without competitive sealed bids or proposals if:
12-11 (1) the aggregate amount involved in the contract is
12-12 <less than $10,000 for property or services or> $15,000 or less
12-13 <for construction>;
12-14 (2) the contract is for construction for which not
12-15 more than one bid or proposal is received;
12-16 (3) the contract is for services or property for which
12-17 there is only one source or for which it is otherwise impracticable
12-18 to obtain competition;
12-19 (4) the contract is to respond to an emergency
12-20 condition for which the public exigency will not permit the delay
12-21 incident to competition;
12-22 (5) the contract is for personal or professional
12-23 services or services for which competitive bidding is precluded by
12-24 law; or
12-25 (6) the contract, whether in the form of bonds, notes,
12-26 other obligations, loan agreements, or otherwise, is for the
12-27 purpose of borrowing money or is a part of a transaction relating
13-1 to the borrowing of money, including credit support agreements,
13-2 such as lines or letters of credit or other debt guaranties, bond,
13-3 note, debt sale or purchase, trustee, paying agent, remarketing
13-4 agent, indexing agent, or similar agreements, agreements with
13-5 securities dealers, brokers, or underwriters, and any other
13-6 contracts or agreements considered by the executive committee to be
13-7 appropriate or necessary in support of the authority's financing
13-8 activities.
13-9 SECTION 24. Section 3(b), Chapter 341, Acts of the 57th
13-10 Legislature, Regular Session, 1961 (Article 1187f, Vernon's Texas
13-11 Civil Statutes), is amended to read as follows:
13-12 (b) If the management and control of the improvements and
13-13 facilities is placed in the hands of a board of trustees by
13-14 ordinance or Charter under Subsection (a) of this section, the
13-15 board of trustees constitutes a body politic and corporate for the
13-16 purpose of issuing bonds or other obligations and shall have and
13-17 exercise, in addition to the powers enumerated in the ordinance or
13-18 Charter, the following powers and authority:
13-19 (1) to exercise full management, control, maintenance,
13-20 and operation of the improvements and facilities constituting the
13-21 ports and harbors of the city;
13-22 (2) to employ a general manager and other officers,
13-23 employees, and representatives as the board may consider
13-24 appropriate and to fix their duties and compensation;
13-25 (3) notwithstanding the provisions or restrictions of
13-26 any general or special law or Charter to the contrary, to prepare
13-27 and adopt budgets for the operation of the ports and harbors of the
14-1 city, fix charges for services and facilities, authorize
14-2 expenditures, and manage and control the income and revenue of the
14-3 city's ports and harbors;
14-4 (4) to determine policies and establish rules and
14-5 procedures for the operation of the ports and harbors of the city;
14-6 (5) to acquire property and interest in property for
14-7 the purposes set forth in Section 1 of this Act in the manner
14-8 provided by this Act and to construct improvements and facilities
14-9 on the property;
14-10 (6) to contract in its own name, but not in the name
14-11 of the city. Except as otherwise provided by this Act, all such
14-12 contracts involving the expenditure of more than $15,000 <$10,000>
14-13 shall be awarded only pursuant to competitive bids. However,
14-14 competitive bids are not required for contracts for personal or
14-15 professional services, real estate transactions, operation of port
14-16 facilities or improvements under specific agreements for a limited
14-17 term, or insurance, or if the board of trustees determines that the
14-18 time delay posed by the competitive bidding process would prevent
14-19 or substantially impair the conduct of port operation;
14-20 (7) to issue in the name of the board, with the
14-21 consent of the governing body of the city, revenue bonds or other
14-22 obligations payable from revenues in the manner set out in this Act
14-23 for the purpose of providing funds for any of the improvements and
14-24 facilities provided by Section 1 of this Act or to refund any
14-25 previously issued bonds or other obligations;
14-26 (8) to issue in the name of the board, with the
14-27 consent of the governing body of the city, current expense warrants
15-1 drawn against all or any part of the current revenues of the board
15-2 to pay current expenses during the current fiscal year of the board
15-3 or any part of the current fiscal year. However, in no event shall
15-4 the aggregate amount of the warrants that are outstanding at any
15-5 time during any fiscal year exceed 50 percent of the revenues
15-6 budgeted for that fiscal year after subtracting from the budgeted
15-7 revenues all principal and interest on bonds or obligations other
15-8 than current expense warrants to be paid from the revenues during
15-9 the fiscal year;
15-10 (9) to evidence contractual obligations to pay money
15-11 by issuing in the name of the board, with the consent of the
15-12 governing body of the city, certificates of participation in the
15-13 contractual obligations;
15-14 (10) to sue and be sued in its own name;
15-15 (11) to adopt, use, and alter a corporate seal; and
15-16 (12) to establish a port security force, to employ one
15-17 or more public security officers licensed by the Commission on Law
15-18 Enforcement Officer Standards and Education, and to commission one
15-19 or more employees of the force as peace officers if they are
15-20 certified as qualified to be peace officers by the Commission on
15-21 Law Enforcement Officer Standards and Education, which peace
15-22 officers commissioned under this Act are vested with all the
15-23 rights, privileges, obligations, and duties of any other peace
15-24 officer in this state while they are on the property under the
15-25 control of the board of trustees, or in the actual course and scope
15-26 of their employment.
15-27 SECTION 25. Section 5.06(a), Crime Control and Prevention
16-1 District Act (Article 2370c-4, Vernon's Texas Civil Statutes), is
16-2 amended to read as follows:
16-3 (a) A board may prescribe the method of making purchases and
16-4 expenditures by and for the district; however, the board may enter
16-5 purchasing contracts that involve spending more than $15,000
16-6 <$5,000> only after competitive bidding as provided by Subchapter
16-7 C, Chapter 262, Local Government Code, to the extent those
16-8 provisions can be made applicable to the board.
16-9 SECTION 26. Section 4.07, Chapter 670, Acts of the 72nd
16-10 Legislature, Regular Session, 1991 (Article 4477-7j, Vernon's Texas
16-11 Civil Statutes), is amended to read as follows:
16-12 Sec. 4.07. Bids on contracts. Contracts entered into under
16-13 Section 4.06 of this Act requiring an expenditure of more than
16-14 $15,000 <$10,000> may be made only after competitive bidding as
16-15 provided by Subchapter B, Chapter 271, Local Government Code.
16-16 SECTION 27. Section 4.13, Chapter 670, Acts of the 72nd
16-17 Legislature, Regular Session, 1991 (Article 4477-7j, Vernon's Texas
16-18 Civil Statutes), is amended to read as follows:
16-19 Sec. 4.13. Contracts for purchase of vehicles, equipment,
16-20 and supplies over $15,000 <$10,000>. (a) If the estimated amount
16-21 of a proposed contract for the purchase of vehicles, equipment, or
16-22 supplies is more than $15,000 <$10,000>, the board shall ask for
16-23 competitive bids as provided by Section 4.07 of this Act.
16-24 (b) This section does not apply to purchase of property from
16-25 public agencies or to contracts for personal or professional
16-26 services.
16-27 SECTION 28. Section 4.07, Chapter 734, Acts of the 72nd
17-1 Legislature, Regular Session, 1991 (Article 4477-7k, Vernon's Texas
17-2 Civil Statutes), is amended to read as follows:
17-3 Sec. 4.07. Bids on contracts. Contracts entered into under
17-4 Section 4.06 of this Act requiring an expenditure of more than
17-5 $15,000 <$10,000> may be made only after competitive bidding as
17-6 provided by Subchapter B, Chapter 271, Local Government Code.
17-7 SECTION 29. Section 4.13, Chapter 734, Acts of the 72nd
17-8 Legislature, Regular Session, 1991 (Article 4477-7k, Vernon's Texas
17-9 Civil Statutes), is amended to read as follows:
17-10 Sec. 4.13. Contracts for purchase of vehicles, equipment,
17-11 and supplies over $15,000 <$10,000>. (a) If the estimated amount
17-12 of a proposed contract for the purchase of vehicles, equipment, or
17-13 supplies is more than $15,000 <$10,000>, the board shall ask for
17-14 competitive bids as provided by Section 4.07 of this Act.
17-15 (b) This section does not apply to purchase of property from
17-16 public agencies or to contracts for personal or professional
17-17 services.
17-18 SECTION 30. Section 7, Chapter 623, Acts of the 67th
17-19 Legislature, Regular Session, 1981 (Article 6550c, Vernon's Texas
17-20 Civil Statutes), is amended to read as follows:
17-21 Sec. 7. Competitive Bids. A contract in the amount of more
17-22 than $15,000 <$10,000> for the construction of improvements or the
17-23 purchase of material, machinery, equipment, supplies, or any other
17-24 property except real property may only be let on competitive bids
17-25 after notice published, at least 15 days before the date set for
17-26 receiving bids, in a newspaper of general circulation in the
17-27 district. A board may adopt rules governing the taking of bids and
18-1 the awarding of contracts. This section does not apply to personal
18-2 or professional services or the acquisition of existing rail
18-3 transportation systems.
18-4 SECTION 31. Section 35, Chapter 13, Acts of the 68th
18-5 Legislature, 2nd Called Session, 1984 (Article 6674r-1, Vernon's
18-6 Texas Civil Statutes), is amended to read as follows:
18-7 Sec. 35. Construction Bids. Construction or improvement
18-8 contracts requiring an expenditure of more than $15,000 <$5,000>
18-9 may be made only after competitive bidding as provided by
18-10 Subchapter B, Chapter 271, Local Government Code <Chapter 770, Acts
18-11 of the 66th Legislature, Regular Session, 1979 (Article 2368a.3,
18-12 Vernon's Texas Civil Statutes)>.
18-13 SECTION 32. Section 3.211, County Road and Bridge Act,
18-14 (Article 6702-1, Vernon's Texas Civil Statutes), is amended to read
18-15 as follows:
18-16 Sec. 3.211. Competitive Bidding. All equipment, materials,
18-17 and supplies for the construction and maintenance of county roads
18-18 and for the county road department shall be purchased by the
18-19 commissioners court on competitive bids in conformity with
18-20 estimates and specifications prepared by the county road engineer.
18-21 However, on recommendation of the county road engineer and when in
18-22 the judgment of the commissioners court it is considered in the
18-23 best interest of the county, purchases in an amount not to exceed
18-24 $15,000 <$10,000> may be made through negotiation by the
18-25 commissioners court or the commissioners court's authorized
18-26 representative on requisition to be approved by the commissioners
18-27 court or the county auditor without advertising for competitive
19-1 bids. Before any claim covering the purchase of the equipment,
19-2 materials, and supplies and for any services contracted for by the
19-3 commissioners court may be ordered paid by the commissioners court,
19-4 the county road engineer must certify in writing the correctness of
19-5 the claim and must certify that the respective equipment,
19-6 materials, and supplies covered by the claim conform to
19-7 specifications approved by him, that the equipment, materials, and
19-8 supplies were delivered in good condition, and that any road
19-9 department services contracted for by the commissioners court have
19-10 been satisfactorily performed. This section does not permit the
19-11 division or reduction of purchases for the purpose of avoiding the
19-12 requirement of taking formal bids on purchases that would otherwise
19-13 exceed $15,000 <$10,000>.
19-14 SECTION 33. Section 262.023(d), Local Government Code, is
19-15 repealed.
19-16 SECTION 34. This Act takes effect September 1, 1993.
19-17 SECTION 35. The importance of this legislation and the
19-18 crowded condition of the calendars in both houses create an
19-19 emergency and an imperative public necessity that the
19-20 constitutional rule requiring bills to be read on three several
19-21 days in each house be suspended, and this rule is hereby suspended.