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.