By:  Montford                                          S.B. No. 493
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to purchases of property through competitive bids and
    1-2  other means by school districts.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subsections (a), (b), and (h), Section 21.901,
    1-5  Education Code, are amended to read as follows:
    1-6        (a)  Except as provided in this section, all contracts
    1-7  proposed to be made by any Texas public school board for the
    1-8  purchase of any personal property, except produce or vehicle fuel,
    1-9  shall be submitted to competitive bidding for each 12-month period
   1-10  when said property is valued at $25,000 <$10,000> or more, in the
   1-11  aggregate for each 12-month period.
   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 $10,000 or more.  In this
   1-18  section, maintenance includes supervision of custodial, plant
   1-19  operations, maintenance, and ground services personnel.
   1-20        (h)  Each <Whenever possible, each> contract proposed to be
   1-21  made by any Texas public school board for the lease of one or more
   1-22  school buses, including a lease with an option to purchase, shall
   1-23  be submitted to competitive bidding when the contract is valued at
   1-24  $10,000 or more.
    2-1        SECTION 2.  Subchapter Z, Chapter 21, Education Code, is
    2-2  amended by adding Section 21.9013 to read as follows:
    2-3        Sec. 21.9013.  PURCHASES OF PERSONAL PROPERTY VALUED BETWEEN
    2-4  $10,000 AND $25,000.  (a)  A school district shall purchase
    2-5  personal property as provided by this section if the value of the
    2-6  items is at least $10,000 but less than $25,000, in the aggregate,
    2-7  for a 12-month period.  In the alternative, the school district may
    2-8  elect to submit a contract for the purchase of those items to
    2-9  competitive bidding as provided by Section 21.901 of this code.
   2-10        (b)  For each 12-month period, the district shall publish a
   2-11  notice in two successive issues of any newspaper of general
   2-12  circulation in the county in which the school is located.  If there
   2-13  is no newspaper in the county in which the school is located, the
   2-14  advertising shall be published in a newspaper in the county nearest
   2-15  the county seat of the county in which the school is located,
   2-16  specifying the categories of personal property to be purchased
   2-17  under this section and soliciting the names, addresses, and
   2-18  telephone numbers of vendors that are interested in  supplying any
   2-19  of the categories to the district.  For each category, the district
   2-20  shall create a vendor list consisting of each vendor that responds
   2-21  to the published notice and any additional vendors the district
   2-22  elects to include.
   2-23        (c)  Before the district makes a purchase from a category of
   2-24  personal property, the district must obtain written or telephone
   2-25  price quotations from at least three vendors from the list for that
   2-26  category.  If fewer than three vendors are on the list, the
   2-27  district shall contact each vendor on the list.  Whenever possible,
    3-1  telephone quotes should be confirmed in writing by mail or
    3-2  facsimile.  The bidding records must be retained with the school's
    3-3  competitive bidding records and are subject to audit.  The purchase
    3-4  shall be made from the lowest responsible bidder.
    3-5        (d)  Purchases of produce and fuel shall be made in
    3-6  accordance with this section.
    3-7        SECTION 3.  This Act takes effect September 1, 1993.
    3-8        SECTION 4.  The importance of this legislation and the
    3-9  crowded condition of the calendars in both houses create an
   3-10  emergency and an imperative public necessity that the
   3-11  constitutional rule requiring bills to be read on three several
   3-12  days in each house be suspended, and this rule is hereby suspended.