By: Parker S.B. No. 1372
73R7645 JJT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to purchases and contracts of the Jefferson County
1-3 Drainage District No. 7 and the authority of the manager of the
1-4 district to hire and terminate employees of the district.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 3(j), Chapter 34, Acts of the 57th
1-7 Legislature, 3rd Called Session, 1962, is amended to read as
1-8 follows:
1-9 (j) To purchase necessary land, buildings, supplies,
1-10 materials and equipment and machinery necessary to carry out the
1-11 functions of the District. <In the case of purchases or contracts
1-12 not to exceed the sum of $5,000, such purchases or contracts shall
1-13 be made upon requisitions signed by a majority of the District's
1-14 Commissioners, which requisitions shall be executed at least in
1-15 triplicate, one copy to be delivered to the person, firm or
1-16 corporation from whom the purchase is made, one copy to be
1-17 delivered to the County Auditor, and one to remain on file with the
1-18 Commissioners.> All purchases and contracts <of over $5,000 shall
1-19 require the concurrence of a majority of the Commission and> shall
1-20 <otherwise> be made in accordance with Section 50.061, Water Code.
1-21 <the requirements of the General Laws of the State of Texas
1-22 pertaining to drainage districts and the rules, regulations and
1-23 formalities of the County of Jefferson pertaining to purchases and
1-24 contracts. The District must ask for bids and receive at least
2-1 three bids before making a purchase or awarding a contract that
2-2 exceeds $5,000, unless the Commissioners adopt a resolution
2-3 declaring an emergency. If the Commissioners declare an emergency,
2-4 the competitive bidding requirements of this section and of the
2-5 general law of this state do not apply to any purchase and contract
2-6 made by the District in connection with the declared emergency.
2-7 Bids for purchases and contracts are governed by the procedures in
2-8 Chapter 252, Local Government Code, to the extent those procedures
2-9 can be made applicable.>
2-10 SECTION 2. Chapter 34, Acts of the 57th Legislature, 3rd
2-11 Called Session, 1962, is amended by adding Section 4b to read as
2-12 follows:
2-13 Sec. 4b. (a) The Commissioners shall hire a manager to
2-14 perform District management and control duties delegated by the
2-15 Commission. The manager serves at the will of the Commission.
2-16 (b) The District's manager may hire or terminate District
2-17 employees as the manager determines necessary for the efficient
2-18 operation of the District. A decision of the manager related to
2-19 the hiring or termination of an employee is not reviewable by the
2-20 Commission.
2-21 SECTION 3. The change in law made by this Act applies only
2-22 to a contract for which the initial notice soliciting bids is
2-23 published or posted or other initial offer is made on or after the
2-24 effective date of this Act. A contract for which the initial
2-25 notice was published or posted or other initial offer made before
2-26 that date is governed by the law in effect at the time the notice
2-27 was published or posted, and the former law is continued in effect
3-1 for that purpose.
3-2 SECTION 4. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended,
3-7 and that this Act take effect and be in force from and after its
3-8 passage, and it is so enacted.