1-1 By: Montford S.B. No. 493
1-2 (In the Senate - Filed February 25, 1993; March 1, 1993, read
1-3 first time and referred to Committee on Education; April 15, 1993,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 10, Nays 0; April 15, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Ratliff x
1-9 Haley x
1-10 Barrientos x
1-11 Bivins x
1-12 Harris of Tarrant x
1-13 Luna x
1-14 Montford x
1-15 Shapiro x
1-16 Sibley x
1-17 Turner x
1-18 Zaffirini x
1-19 COMMITTEE SUBSTITUTE FOR S.B. No. 493 By: Montford
1-20 A BILL TO BE ENTITLED
1-21 AN ACT
1-22 relating to purchases of property through competitive bids and
1-23 other means by school districts.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Subsections (a), (b), and (h), Section 21.901,
1-26 Education Code, are amended to read as follows:
1-27 (a) Except as provided in this section, all contracts
1-28 proposed to be made by any Texas public school board for the
1-29 purchase of any personal property, except produce or vehicle fuel,
1-30 shall be submitted to competitive bidding for each 12-month period
1-31 when said property is valued at $25,000 <$10,000> or more, in the
1-32 aggregate for each 12-month period.
1-33 (b) Except as provided in Subsection (e) of this section,
1-34 all contracts proposed to be made by any Texas public school board
1-35 for the construction, maintenance, repair or renovation of any
1-36 building <or for materials used in said construction, maintenance,
1-37 repair or renovation,> shall be submitted to competitive bidding
1-38 when said contracts are valued at $10,000 or more. In this
1-39 section, maintenance includes supervision of custodial, plant
1-40 operations, maintenance, and ground services personnel.
1-41 (h) Each <Whenever possible, each> contract proposed to be
1-42 made by any Texas public school board for the lease of one or more
1-43 school buses, including a lease with an option to purchase, shall
1-44 be submitted to competitive bidding when the contract is valued at
1-45 $10,000 or more.
1-46 SECTION 2. Subchapter Z, Chapter 21, Education Code, is
1-47 amended by adding Section 21.9013 to read as follows:
1-48 Sec. 21.9013. PURCHASES OF PERSONAL PROPERTY VALUED BETWEEN
1-49 $10,000 AND $25,000. (a) A school district shall purchase
1-50 personal property as provided by this section if the value of the
1-51 items is at least $10,000 but less than $25,000, in the aggregate,
1-52 for a 12-month period. In the alternative, the school district may
1-53 elect to submit a contract for the purchase of those items to
1-54 competitive bidding as provided by Section 21.901 of this code.
1-55 (b) For each 12-month period, the district shall publish a
1-56 notice in two successive issues of any newspaper of general
1-57 circulation in the county in which the school is located. If there
1-58 is no newspaper in the county in which the school is located, the
1-59 advertising shall be published in a newspaper in the county nearest
1-60 the county seat of the county in which the school is located,
1-61 specifying the categories of personal property to be purchased
1-62 under this section and soliciting the names, addresses, and
1-63 telephone numbers of vendors that are interested in supplying any
1-64 of the categories to the district. For each category, the district
1-65 shall create a vendor list consisting of each vendor that responds
1-66 to the published notice and any additional vendors the district
1-67 elects to include.
1-68 (c) Before the district makes a purchase from a category of
2-1 personal property, the district must obtain written or telephone
2-2 price quotations from at least three vendors from the list for that
2-3 category. If fewer than three vendors are on the list, the
2-4 district shall contact each vendor on the list. Whenever possible,
2-5 telephone quotes should be confirmed in writing by mail or
2-6 facsimile. The bidding records must be retained with the school's
2-7 competitive bidding records and are subject to audit. The purchase
2-8 shall be made from the lowest responsible bidder.
2-9 (d) Purchases of produce and fuel shall be made in
2-10 accordance with this section.
2-11 SECTION 3. This Act takes effect September 1, 1993.
2-12 SECTION 4. The importance of this legislation and the
2-13 crowded condition of the calendars in both houses create an
2-14 emergency and an imperative public necessity that the
2-15 constitutional rule requiring bills to be read on three several
2-16 days in each house be suspended, and this rule is hereby suspended.
2-17 * * * * *
2-18 Austin,
2-19 Texas
2-20 April 15, 1993
2-21 Hon. Bob Bullock
2-22 President of the Senate
2-23 Sir:
2-24 We, your Committee on Education to which was referred S.B. No. 493,
2-25 have had the same under consideration, and I am instructed to
2-26 report it back to the Senate with the recommendation that it do not
2-27 pass, but that the Committee Substitute adopted in lieu thereof do
2-28 pass and be printed.
2-29 Ratliff,
2-30 Chairman
2-31 * * * * *
2-32 WITNESSES
2-33 FOR AGAINST ON
2-34 ___________________________________________________________________
2-35 Name: Ray Crass x
2-36 Representing: Tx Assn of Sch Administrators
2-37 City: Jacksboro
2-38 -------------------------------------------------------------------
2-39 Name: Pamela Perkins x
2-40 Representing: OAG-Antitrust
2-41 City:
2-42 -------------------------------------------------------------------
2-43 Name: Frank Battle x
2-44 Representing: Tx Assn of Sch Boards
2-45 City: Austin
2-46 -------------------------------------------------------------------
2-47 Name: Bill Phillips x
2-48 Representing: Tx Assn of Sch Bus. Officials
2-49 City: Austin
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