By: Hamric H.B. No. 2092
73R3705 DWS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to purchasing procedures of certain local governments;
1-3 providing criminal penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle C, Title 8, Local Government Code, is
1-6 amended by adding Chapter 274 to read as follows:
1-7 CHAPTER 274. COMPETITIVE BIDDING IN PURCHASING
1-8 BY LOCAL GOVERNMENTS
1-9 SUBCHAPTER A. GENERAL PROVISIONS
1-10 Sec. 274.001. DEFINITIONS. In this chapter:
1-11 (1) "Bond funds" means money in the treasury received
1-12 from the sale of bonds and includes the proceeds of bonds that have
1-13 been voted but have not been issued and delivered.
1-14 (2) "Component purchases" means purchases of the
1-15 component parts of an item that in normal purchasing practices
1-16 would be purchased in one purchase.
1-17 (3) "Current funds" means money in the treasury, taxes
1-18 in the process of being collected in the current tax year, and all
1-19 other revenue, including grants and donations, that may be
1-20 anticipated with reasonable certainty in the current tax year.
1-21 (4) "High technology item" means equipment, goods, or
1-22 services of a highly technical nature, including:
1-23 (A) data processing equipment and software and
1-24 firmware used in conjunction with data processing equipment;
2-1 (B) telecommunications equipment and radio and
2-2 microwave systems;
2-3 (C) electronic distributed control systems,
2-4 including building energy management systems; and
2-5 (D) technical services related to those items.
2-6 (5) "Item" means a service, equipment, a good, or
2-7 other tangible or intangible personal property, including insurance
2-8 or a high technology item.
2-9 (6) "Purchase" means any kind of acquisition,
2-10 including a lease, of an item.
2-11 (7) "Local government" means a municipality, county,
2-12 special district, or other political subdivision of the state.
2-13 (8) "Separate purchases" means purchases, made
2-14 separately, of items that in normal purchasing practices would be
2-15 purchased in one purchase.
2-16 (9) "Sequential purchases" means purchases, made over
2-17 a period, of items that in normal purchasing practices would be
2-18 purchased in one purchase.
2-19 (10) "Time warrant" includes any warrant issued by a
2-20 local government that is not payable from current funds.
2-21 Sec. 274.002. APPLICATION. (a) This chapter applies only
2-22 to a local government contract for which competitive bidding or
2-23 competitive proposals are not required by another statute.
2-24 (b) The purchasing requirements of Section 361.426, Health
2-25 and Safety Code, apply to local government purchases made under
2-26 this chapter.
2-27 (c) Any provision in the charter of a home-rule municipality
3-1 that relates to the notice of contracts, advertisement of the
3-2 notice, requirements for the taking of sealed bids based on
3-3 specifications for public improvements or purchases, or the manner
3-4 of letting contracts and that is in conflict with this chapter
3-5 controls over this chapter.
3-6 (Sections 274.003-274.010 reserved for expansion
3-7 SUBCHAPTER B. COMPETITIVE BIDDING
3-8 Sec. 274.011. COMPETITIVE BIDDING AND COMPETITIVE PROPOSAL
3-9 REQUIREMENTS. (a) Before making a contract that requires an
3-10 expenditure of more than $10,000, a local government must comply
3-11 with the competitive sealed bidding or competitive sealed proposal
3-12 requirements of this chapter.
3-13 (b) A local government may use the competitive sealed
3-14 proposal procedure only for the purchase of:
3-15 (1) a high technology item; or
3-16 (2) another item if the officer who makes purchases
3-17 for the local government determines that it is impractical to
3-18 prepare detailed specifications and notifies the local government's
3-19 governing body of this determination.
3-20 (c) The competitive bidding and competitive proposal
3-21 requirements established by Subsection (a) apply only to contracts
3-22 for which payment will be made from current funds or bond funds or
3-23 through time warrants. However, contracts for which payments will
3-24 be made through certificates of obligation are governed by
3-25 Subchapter C, Chapter 271.
3-26 (d) In a county with a population of less than 20,000 that
3-27 does not have a county purchasing agent, contracts for $15,000 or
4-1 less may be entered into without the competitive bidding process
4-2 otherwise required by law if the commissioners court publicly finds
4-3 it to be in the public interest.
4-4 Sec. 274.012. GENERAL EXEMPTIONS. (a) A contract that
4-5 requires an expenditure for any of the following items is exempt
4-6 from the requirement established by Section 274.011 if the
4-7 governing body of the local government by order grants the
4-8 exemption:
4-9 (1) a purchase that, because of a public calamity,
4-10 must be made immediately to relieve the necessity of the local
4-11 government's residents or to preserve the local government's
4-12 property;
4-13 (2) a purchase necessary to preserve or protect the
4-14 public health or safety;
4-15 (3) a purchase necessary because of unforeseen damage
4-16 to public property;
4-17 (4) personal or professional services;
4-18 (5) work performed and paid for by the day as the work
4-19 progresses;
4-20 (6) the purchase of land or a right-of-way;
4-21 (7) an item available from only one source, including:
4-22 (A) an item available from only one source
4-23 because of a patent, copyright, secret process, or natural
4-24 monopoly;
4-25 (B) a film, manuscript, or book;
4-26 (C) electricity, gas, water, or other utility
4-27 service;
5-1 (D) a captive replacement part or component for
5-2 equipment;
5-3 (E) books, papers, or other library material for
5-4 a public library available only from a person holding exclusive
5-5 distribution rights to the material; and
5-6 (F) management services provided by a nonprofit
5-7 organization to a museum, park, zoo, or other local government
5-8 facility to which the organization has provided significant
5-9 financial or other benefits;
5-10 (8) rare books, rare papers, or other rare library
5-11 material for a public library;
5-12 (9) an item of food;
5-13 (10) paving drainage, street widening, other public
5-14 improvements, or matters related to the improvements, if at least
5-15 one-third of the cost is to be paid by or through special
5-16 assessments levied on property that will benefit from the
5-17 improvements;
5-18 (11) a public improvement project, authorized by the
5-19 voters of the local government, for which there is not enough money
5-20 to complete the project according to the plans and purposes the
5-21 voters authorized;
5-22 (12) a payment under a contract by which a developer
5-23 participates in construction of a public improvement as provided by
5-24 Subchapter C, Chapter 212;
5-25 (13) personal property sold:
5-26 (A) at an auction by a state licensed
5-27 auctioneer;
6-1 (B) at a going out of business sale complying
6-2 with Subchapter F, Chapter 17, Business & Commerce Code; or
6-3 (C) by an agency or political subdivision of the
6-4 state or an entity of the federal government; or
6-5 (14) work performed under a contract for community and
6-6 economic development under Section 381.004.
6-7 (b) This chapter does not apply to:
6-8 (1) bonds or warrants issued under Title 118, Revised
6-9 Statutes, relating to seawalls; or
6-10 (2) a renewal or extension of a contract if the
6-11 governing body of the local government by order grants the
6-12 exemption and if:
6-13 (A) the following conditions exist:
6-14 (i) the contract has gone through the
6-15 competitive bidding procedure within the preceding year;
6-16 (ii) the renewal or extension does not
6-17 exceed one year; and
6-18 (iii) the renewal or extension is the
6-19 first renewal or extension of the contract; or
6-20 (B) an annual renewal or annual extension was
6-21 stated in the bid or proposal documents, requiring that the
6-22 provisions of the renewal or extension be submitted in detail,
6-23 except that a renewal or extension is not allowed under this
6-24 paragraph after the fifth anniversary of the date the contract is
6-25 awarded.
6-26 (c) If an item exempted under Subsection (a)(7) is to be
6-27 purchased, the governing body of the local government, after
7-1 accepting a signed statement from the official who makes purchases
7-2 for the local government about the existence of only one source,
7-3 must enter in its minutes a statement to that effect.
7-4 (Sections 274.013-274.030 reserved for expansion
7-5 SUBCHAPTER C. PROCEDURES
7-6 Sec. 274.031. NOTICE. (a) A notice of a proposed purchase
7-7 must be published at least once a week in a newspaper of general
7-8 circulation within the boundaries of the local government, with the
7-9 first day of publication occurring before the 14th day before the
7-10 date of the bid opening. If a newspaper of general circulation is
7-11 not published within the boundaries of the local government, the
7-12 notice must be posted for 14 days before the date of the bid
7-13 opening:
7-14 (1) at the city hall, if the local government is a
7-15 municipality;
7-16 (2) at the county courthouse if the local government
7-17 is a county; or
7-18 (3) in its administrative offices if the local
7-19 government is a special district or other political subdivision of
7-20 the state.
7-21 (b) If the competitive sealed proposals requirement applies
7-22 to the contract, notice of the request for proposals must be given
7-23 in the same manner as that prescribed by Subsection (a) for the
7-24 notice for competitive sealed bids.
7-25 (c) The notice required by Subsections (a) and (b) must
7-26 include:
7-27 (1) the specifications describing the item to be
8-1 purchased or a statement of the place where the specifications may
8-2 be obtained; and
8-3 (2) the time and place for receiving and opening bids
8-4 and the name and position of the official or employee to whom the
8-5 bids are to be sent.
8-6 (d) If the contract is for the purchase of machinery for the
8-7 construction or maintenance of roads or streets, the notice for
8-8 bids and the order for purchase must include a specification of the
8-9 machinery desired.
8-10 (e) If the governing body intends to issue time warrants for
8-11 the payment of any part of the contract, the notice must include a
8-12 statement of:
8-13 (1) the governing body's intention;
8-14 (2) the maximum amount of the proposed time warrant
8-15 indebtedness;
8-16 (3) the rate of interest the time warrants will bear;
8-17 and
8-18 (4) the maximum maturity date of the time warrants.
8-19 (f) In a county with a population of 2.2 million or more,
8-20 the county and any district or authority created under Article XVI,
8-21 Section 59, of the Texas Constitution of which the governing body
8-22 is the commissioners court may require that a minimum of 25 percent
8-23 of the work be performed by the bidder and, notwithstanding any
8-24 other law to the contrary, may establish financial criteria for the
8-25 surety companies that provide payment and performance bonds.
8-26 Sec. 274.032. REQUESTS FOR PROPOSALS. (a) Requests for
8-27 competitive sealed proposals must solicit quotations and must
9-1 specify the relative importance of price and other evaluation
9-2 factors.
9-3 (b) Discussions in accordance with the terms of a request
9-4 for proposals and with regulations adopted by the governing body
9-5 may be conducted with offerors who submit proposals and who are
9-6 determined to be reasonably qualified for the award of the
9-7 contract. Offerors shall be treated fairly and equally with
9-8 respect to any opportunity for discussion and revision of
9-9 proposals. To obtain the best final offers, revisions may be
9-10 permitted after submissions and before the award of the contract.
9-11 Sec. 274.033. PROCEDURE FOR PURCHASE OF FOOD. (a) A local
9-12 government purchasing food items shall solicit at least three bids
9-13 by telephone or written quotations at intervals the governing body
9-14 specifies.
9-15 (b) The local government shall award the food purchase
9-16 contract to the responsible bidder who submits the lowest and best
9-17 bid or shall reject all bids and repeat the bidding process
9-18 provided by this section.
9-19 (c) The local government shall:
9-20 (1) maintain a record of all bids solicited and
9-21 vendors contacted; and
9-22 (2) keep the record for at least one year or until
9-23 audited by the local government's auditor.
9-24 Sec. 274.034. OPENING OF BIDS. (a) The official who makes
9-25 purchases for the local government shall open the bids on the date
9-26 specified in the notice. The date specified in the notice may be
9-27 extended by the governing body if an error is discovered in the
10-1 original specifications or the nature of the item to be purchased
10-2 requires an extension.
10-3 (b) Opened bids shall be kept on file and available for
10-4 inspection on request of any person.
10-5 Sec. 274.035. AWARD OF CONTRACT. (a) The officer in charge
10-6 of opening the bids shall present them to the governing body at a
10-7 meeting of the governing body. The governing body shall:
10-8 (1) award the contract to the responsible bidder who
10-9 submits the lowest and best bid; or
10-10 (2) reject all bids and publish a new notice.
10-11 (b) If the competitive sealed proposals requirement applies
10-12 to the contract, the award of the contract shall be made to the
10-13 responsible offeror whose proposal is determined to be the most
10-14 advantageous evaluated offer resulting from negotiation, taking
10-15 into consideration the relative importance of price and the other
10-16 evaluation factors included in the request for proposals.
10-17 (c) If two responsible bidders submit the lowest and best
10-18 bid, the governing body shall decide between the two by drawing
10-19 lots.
10-20 (d) A contract may not be awarded to a bidder who is not the
10-21 lowest dollar bidder meeting specifications unless, before the
10-22 award, each lower bidder is given notice of the proposed award and
10-23 is given an opportunity to appear before the governing body and
10-24 present evidence concerning the lower bidder's responsibility.
10-25 Sec. 274.036. SAFETY RECORD OF BIDDER. In determining who
10-26 is a responsible bidder, the governing body may take into account
10-27 the safety record of the bidder, of the firm, corporation,
11-1 partnership, or institution represented by the bidder, or of anyone
11-2 acting for such a firm, corporation, partnership, or institution
11-3 if:
11-4 (1) the governing body has adopted a written
11-5 definition and criteria for accurately determining the safety
11-6 record of a bidder;
11-7 (2) the governing body has given notice to prospective
11-8 bidders in the bid specifications that the safety record of a
11-9 bidder may be considered in determining the responsibility of the
11-10 bidder; and
11-11 (3) the determinations are not arbitrary and
11-12 capricious.
11-13 Sec. 274.037. MODIFICATION AFTER AWARD. (a) After award of
11-14 contract but before the contract is made, the official who makes
11-15 purchases for the local government may negotiate a modification of
11-16 the contract if the modification is in the best interests of the
11-17 local government and does not substantially change the scope of the
11-18 contract or cause the contract amount to exceed the next lowest
11-19 bid.
11-20 (b) For the modified contract to be effective, the governing
11-21 body must approve the contract.
11-22 Sec. 274.038. CONTRACTOR'S BONDS. (a) If the contract is
11-23 for the construction of public works, the bidder to whom the
11-24 contract is awarded must execute a good and sufficient performance
11-25 bond and payment bond. Each bond must be:
11-26 (1) in the full amount of the contract price;
11-27 (2) conditioned that the contractor will faithfully
12-1 perform the contract;
12-2 (3) executed, as provided by Article 5160, Revised
12-3 Statutes, by a surety company authorized to do business in the
12-4 state; and
12-5 (4) in a form acceptable to the local government and
12-6 meeting the financial criteria established by the local government
12-7 for surety companies providing performance and payment bonds.
12-8 (b) If the contract requires an expenditure of less than
12-9 $100,000, the bond is not required if the contract provides that
12-10 payment is not due to the contractor until the work is completed
12-11 and is accepted by the local government.
12-12 (c) The governing body of a home-rule municipality by
12-13 ordinance may adopt the provisions of this section and
12-14 Article 5160, Revised Statutes, relating to contractors' surety
12-15 bonds, regardless of a conflicting provision in the municipality's
12-16 charter.
12-17 (d) If a purchase exceeds $50,000 and is not for public
12-18 works, the governing body may require a bid bond, a performance
12-19 bond, or both. A cashier's check may be substituted for either
12-20 bond.
12-21 Sec. 274.039. REFERENDUM ON ISSUANCE OF TIME WARRANTS. (a)
12-22 If, by the time set for letting a contract under this chapter, a
12-23 written petition with the required signatures is filed with the
12-24 local government's secretary or clerk requesting the governing body
12-25 to order a referendum on the question of whether time warrants
12-26 should be issued for an expenditure under the contract, the
12-27 governing body may not authorize the expenditure or finally award
13-1 the contract unless the question is approved by a majority of the
13-2 votes received in the referendum. The petition must be signed by
13-3 at least 10 percent of the qualified voters of the local government
13-4 whose names appear as property taxpayers on the local government's
13-5 most recently approved tax rolls.
13-6 (b) If a petition is not filed, the governing body may
13-7 finally award the contract and issue the time warrants. In the
13-8 absence of a petition, the governing body may order the referendum.
13-9 (c) The provisions of Chapters 1 and 2, Title 22, Revised
13-10 Statutes, relating to elections for the issuance of bonds and to
13-11 the issuance, approval, registration, and sale of bonds govern the
13-12 referendum and the time warrants to the extent those provisions are
13-13 consistent with this chapter and the Bond and Warrant Law of 1931
13-14 (Article 2368a, Vernon's Texas Civil Statutes). However, the time
13-15 warrants mature and are payable as provided by the Bond and Warrant
13-16 Law of 1931 (Article 2368a, Vernon's Texas Civil Statutes) for
13-17 funding bonds.
13-18 (d) This section does not supersede any additional rights
13-19 provided by the charter of a special-law municipality and relating
13-20 to a referendum.
13-21 (e) This section does not apply to expenditures that are
13-22 payable:
13-23 (1) from current funds;
13-24 (2) from bond funds; or
13-25 (3) by time warrants unless the amount of the time
13-26 warrants issued by the local government for all purposes during the
13-27 current calendar year exceeds:
14-1 (A) $7,500 if the local government's population
14-2 is 5,000 or less;
14-3 (B) $10,000 if the local government's population
14-4 is 5,001 to 24,999;
14-5 (C) $25,000 if the local government's population
14-6 is 25,001 to 49,999; or
14-7 (D) $100,000 if the local government's
14-8 population is more than 50,000.
14-9 Sec. 274.040. SET ASIDE OF CURRENT FUNDS. If an expenditure
14-10 under the contract is payable by warrants on current funds, the
14-11 governing body by order shall set aside an amount of current funds
14-12 that will discharge the principal and interest of the warrants.
14-13 Those funds may not be used for any other purpose, and the warrants
14-14 must be discharged from those funds and may not be refunded.
14-15 Sec. 274.041. APPRAISAL IN CERTAIN CONTRACTS. (a) This
14-16 section applies only to a lease-purchase or installment purchase of
14-17 real property financed by the issuance of certificates of
14-18 participation.
14-19 (b) The governing body may not make an agreement under which
14-20 the local government is a lessee in a lease-purchase or is a
14-21 purchaser in an installment purchase unless the governing body
14-22 first obtains an appraisal by a qualified appraiser who is not an
14-23 employee of the local government. The purchase price may not
14-24 exceed the fair market value of the real property, as shown by the
14-25 appraisal.
14-26 Sec. 274.042. PAYMENT METHOD FOR CERTAIN CONTRACTS. A
14-27 purchase may be proposed on a lump-sum or unit-price basis. If the
15-1 contract is let on a unit-price basis, the information furnished to
15-2 bidders must specify the approximate quantity needed, based on the
15-3 best available information, but payment to the contractor must be
15-4 based on the actual quantity constructed or supplied.
15-5 Sec. 274.043. CHANGE ORDERS. (a) If changes in plans or
15-6 specifications are necessary after the contract is made or if it is
15-7 necessary to decrease or increase the quantity of work to be
15-8 performed or of materials, equipment, or supplies to be furnished,
15-9 the governing body may approve change orders making the changes.
15-10 (b) The total contract price may not be increased because of
15-11 the changes unless additional money for increased costs is
15-12 appropriated for that purpose from available funds or is provided
15-13 for by the authorization of the issuance of time warrants.
15-14 (c) If a change order involves a decrease or an increase of
15-15 $15,000 or less, the governing body may grant general authority to
15-16 an administrative official to approve the change orders.
15-17 (d) The original contract price may not be increased under
15-18 this section by more than 25 percent, unless a greater increase is
15-19 necessary to comply with a local, state, or federal law adopted
15-20 after the date the contract was executed. The original contract
15-21 price may not be decreased under this section by more than 25
15-22 percent without the consent of the contractor.
15-23 Sec. 274.044. SELECTION OF INSURANCE BROKER. This chapter
15-24 does not prevent a local government from selecting a licensed
15-25 insurance broker as the sole broker of record to obtain proposals
15-26 and coverages for excess or surplus insurance that provides
15-27 necessary coverage and adequate limits of coverage in structuring
16-1 layered excess coverages in all areas of risk requiring special
16-2 consideration, including public official liability, police
16-3 professional liability, and airport liability. The broker may be
16-4 retained only on a fee basis and may not receive any other
16-5 remuneration from any other source.
16-6 Sec. 274.045. CONFIDENTIALITY OF INFORMATION IN BIDS OR
16-7 PROPOSALS. If provided in a request for proposals, proposals shall
16-8 be opened in a manner that avoids disclosure of the contents to
16-9 competing offerors and keeps the proposals secret during
16-10 negotiations. All proposals are open for public inspection after
16-11 the contract is awarded, but trade secrets and confidential
16-12 information designated in the proposals as trade secrets or
16-13 confidential information are not open for public inspection.
16-14 (Sections 274.046-274.070 reserved for expansion
16-15 SUBCHAPTER D. ENFORCEMENT
16-16 Sec. 274.071. INJUNCTION. If the contract is made without
16-17 compliance with this chapter, it is void and the performance of the
16-18 contract, including the payment of any money under the contract,
16-19 may be enjoined by any property tax paying resident of the local
16-20 government.
16-21 Sec. 274.072. CRIMINAL PENALTIES. (a) A local government
16-22 officer or employee commits an offense if the officer or employee
16-23 intentionally or knowingly makes or authorizes separate,
16-24 sequential, or component purchases to avoid the competitive bidding
16-25 requirements of Section 274.011. An offense under this subsection
16-26 is a Class B misdemeanor.
16-27 (b) A local government officer or employee commits an
17-1 offense if the officer or employee intentionally or knowingly
17-2 violates Section 274.011, other than by conduct described by
17-3 Subsection (a). An offense under this subsection is a Class B
17-4 misdemeanor.
17-5 (c) A local government officer or employee commits an
17-6 offense if the officer or employee intentionally or knowingly
17-7 violates this chapter, other than by conduct described by
17-8 Subsection (a) or (b). An offense under this subsection is a Class
17-9 C misdemeanor.
17-10 Sec. 274.073. REMOVAL; INELIGIBILITY. (a) The final
17-11 conviction of a local government officer or employee for an offense
17-12 under Section 274.072(a) or (b) results in the immediate removal
17-13 from office or employment of that person.
17-14 (b) For four years after the date of the final conviction,
17-15 the removed officer or employee is ineligible:
17-16 (1) to be a candidate for or to be appointed or
17-17 elected to a public office in this state;
17-18 (2) to be employed by the local government with which
17-19 the person served when the offense occurred; and
17-20 (3) to receive any compensation through a contract
17-21 with that local government.
17-22 (c) This section does not prohibit the payment of retirement
17-23 or workers' compensation benefits to the removed officer or
17-24 employee.
17-25 SECTION 2. Subchapter A, Chapter 262, Local Government Code,
17-26 is amended by adding Sections 262.006 and 262.007 to read as
17-27 follows:
18-1 Sec. 262.006. COMPETITIVE BIDDING PROCEDURES ADOPTED BY
18-2 COUNTY PURCHASING AGENTS. A county purchasing agent shall adopt
18-3 procedures that provide for competitive bidding, to the extent
18-4 practicable under the circumstances, for the county purchase of an
18-5 item under a contract that is not subject to competitive bidding
18-6 under Section 274.011.
18-7 Sec. 262.007. ALTERNATIVE MULTISTEP COMPETITIVE PROPOSAL
18-8 PROCEDURE. (a) A county with a population of 125,000 or more may
18-9 use the multistep competitive proposal procedure provided by this
18-10 section if:
18-11 (1) the county official who makes purchases for the
18-12 county determines that it is impractical to prepare detailed
18-13 specifications for an item to support the award of a purchase
18-14 contract, and the official notifies the commissioners court of this
18-15 determination; and
18-16 (2) the commissioners court, following notification
18-17 under Subdivision (1), determines that it is impractical to prepare
18-18 detailed specifications for an item to support the award of the
18-19 purchase contract.
18-20 (b) The county shall solicit proposals by giving notice in
18-21 the manner provided for competitive bids by Section 274.031. The
18-22 solicitation may request unpriced proposals.
18-23 (c) The county official shall open the proposals on the date
18-24 specified in the notice. Not later than the 15th day after that
18-25 date, the county official shall solicit by mail priced bids from
18-26 the persons who submitted proposals and who qualified under the
18-27 criteria stated in the first solicitation.
19-1 (d) Negotiations may be conducted with responsible offerors
19-2 who submit reasonable priced bids, as provided by the request for
19-3 proposals and rules of the commissioners court. Each offeror shall
19-4 be given fair and equal opportunity for negotiation and revision of
19-5 a proposal.
19-6 (e) Not later than the 60th day after the date proposals are
19-7 opened under Subsection (c), the county official shall present the
19-8 priced bids to the commissioners court. The commissioners court
19-9 shall award the contract to the responsible offeror whose bid the
19-10 commissioners court determines is the most advantageous evaluated
19-11 offer resulting from negotiation. Each proposal and bid submitted
19-12 is available and open for public inspection after the contract is
19-13 awarded, except trade secrets and confidential information
19-14 designated in the proposal as trade secrets or confidential
19-15 information.
19-16 SECTION 3. The following provisions of the Local Government
19-17 Code are repealed:
19-18 (1) Chapter 252;
19-19 (2) Section 262.005; and
19-20 (3) Subchapter C, Chapter 262.
19-21 SECTION 4. This Act applies only to a purchase for which the
19-22 first solicitation of bids or proposals is made on or after
19-23 September 1, 1993.
19-24 SECTION 5. This Act takes effect September 1, 1993.
19-25 SECTION 6. The importance of this legislation and the
19-26 crowded condition of the calendars in both houses create an
19-27 emergency and an imperative public necessity that the
20-1 constitutional rule requiring bills to be read on three several
20-2 days in each house be suspended, and this rule is hereby suspended.