BILL ANALYSIS



H.B. 52
By: McCall
April 25, 1995
Committee Report (Unamended)


BACKGROUND

Purchasing done through local governments has to go through a
contract bidding or proposal process.  This bidding is to ensure
competition for a specific purchase such as insurance, high
technology and special services.

PURPOSE

H.B. 52 alters the rules for purchasing within local governments.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends 252.022(a), Local Government Code, to exempt an
interlocal agreement for cooperative purchasing administered by a
regional planning commission established under Chapter 391 from
this Section.

SECTION 2.  Amends Section 262.030, Local Government Code, to add
special services, such as janitorial, landscape maintenance, travel
management, recycling, or vending services to the alternative
competitive proposals established under this section.

SECTION 3.  Amends Section 262.031(b), Local Government Code, to
change from no more than $15,000 to no more than $50,000 that a
change order can increase or decrease and a employee can have the
authority to approve the change.

SECTION 4.  Amends Section 262.152(a), Local Government Code, to
allow the commissioner's court of a county to sell surplus or
salvage property to another county without going through
competitive bidding or auction procedures.

SECTION 5.  Amends Section 271, Local Government Code, by adding
subchapter F, COOPERATIVE PURCHASING PROGRAM.
     
     Sec. 271.101 defines "local cooperative organization" and
"local government."

     Sec. 271.102 allows local governments to participate in a
cooperative purchasing   agreements with other local governments or
other coops.
     
SECTION 6.  Amends Subchapter Z, Chapter 271, Local Government
Code, by adding Sec. 271.904, which allows a governmental agency's
contract for design of engineering services to not include a
provision requiring a design professional to indemnify the
governmental agency's for damages.

SECTION 7.  Amends Section 19, Texas Engineering Practice Act, to
exempt a public work that involves structural, electrical, or
mechanical engineering for which the contemplated expenditure does
not exceed $8,000.  Makes a conforming change.

SECTION 8.  Effective date:  September 1, 1995.

SECTION 9.  Emergency clause.   

SUMMARY OF COMMITTEE ACTION

Pursuant to public notice posted on February 22, 1995, the
Committee on State Affairs convened in a public hearing on February
27, 1995 to consider HB 52.  The Chair laid out HB 52 and
recognized Rep. McCall to explain the bill.  The following persons
testified for the bill: Jim Ray representing Texas Regional
Councils and Houston Galveston Area Council; Susan Horton
representing the Texas Municipal League; and Mike Ryan representing
himself.  HB 52 was left pending.  In a public hearing on April 5,
1995, the Chair laid out HB 52.  HB 52 was reported favorably
without amendment with the recommendation that it do pass and be
printed and be sent to the Committee on Local and Consent Calendars
which prevailed by a record vote of 15 ayes, 0 nays, 0 pnv, 0
absent.