By Pitts                                              H.B. No. 1647
       74R5398 PAM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to purchasing and contracting authority of municipalities.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 252.001, Local Government Code, is
    1-5  amended to read as follows:
    1-6        Sec. 252.001.  Definitions.  In this chapter:
    1-7              (1)  "Bond funds" includes money in the treasury
    1-8  received from the sale of bonds and includes the proceeds of bonds
    1-9  that have been voted but have not been issued and delivered.
   1-10              (2)  "Component purchases" means purchases of the
   1-11  component parts of an item that in normal purchasing practices
   1-12  would be purchased in one purchase.
   1-13              (3)  "Current funds" includes money in the treasury,
   1-14  taxes in the process of being collected in the current tax year,
   1-15  and all other revenue that may be anticipated with reasonable
   1-16  certainty in the current tax year.
   1-17              (4)  "High technology procurement" means the
   1-18  procurement of equipment, goods, or services of a highly technical
   1-19  nature, including:
   1-20                    (A)  data processing equipment and software and
   1-21  firmware used in conjunction with data processing equipment;
   1-22                    (B)  telecommunications equipment and radio and
   1-23  microwave systems;
   1-24                    (C)  electronic distributed control systems,
    2-1  including building energy management systems; and
    2-2                    (D)  technical services related to those items.
    2-3              (5)  "Planning services" means services primarily
    2-4  intended to guide governmental policy to ensure the orderly and
    2-5  coordinated development of the state or of municipal, county,
    2-6  metropolitan, or regional land areas.
    2-7              (6) <(5)>  "Separate purchases" means purchases, made
    2-8  separately, of items that in normal purchasing practices would be
    2-9  purchased in one purchase.
   2-10              (7) <(6)>  "Sequential purchases" means purchases, made
   2-11  over a period, of items that in normal purchasing practices would
   2-12  be purchased in one purchase.
   2-13              (8) <(7)>  "Time warrant" includes any warrant issued
   2-14  by a municipality that is not payable from current funds.
   2-15        SECTION 2.  Section 252.022(a), Local Government Code, is
   2-16  amended to read as follows:
   2-17        (a)  This chapter does not apply to an expenditure for:
   2-18              (1)  a procurement made because of a public calamity
   2-19  that requires the immediate appropriation of money to relieve the
   2-20  necessity of the municipality's residents or to preserve the
   2-21  property of the municipality;
   2-22              (2)  a procurement necessary to preserve or protect the
   2-23  public health or safety of the municipality's residents;
   2-24              (3)  a procurement necessary because of unforeseen
   2-25  damage to public machinery, equipment, or other property;
   2-26              (4)  a procurement for personal, <or> professional, or
   2-27  planning services;
    3-1              (5)  a procurement for work that is performed and paid
    3-2  for by the day as the work progresses;
    3-3              (6)  a purchase of land or a right-of-way;
    3-4              (7)  a procurement of items that are available from
    3-5  only one source, including:
    3-6                    (A)  items that are available from only one
    3-7  source because of patents, copyrights, secret processes, or natural
    3-8  monopolies;
    3-9                    (B)  films, manuscripts, or books;
   3-10                    (C)  electricity, gas, water, and other utility
   3-11  services;
   3-12                    (D)  captive replacement parts or components for
   3-13  equipment;
   3-14                    (E)  books, papers, and other library materials
   3-15  for a public library that are available only from the persons
   3-16  holding exclusive distribution rights to the materials; and
   3-17                    (F)  management services provided by a nonprofit
   3-18  organization to a municipal museum, park, zoo, or other facility to
   3-19  which the organization has provided significant financial or other
   3-20  benefits;
   3-21              (8)  a purchase of rare books, papers, and other
   3-22  library materials for a public library;
   3-23              (9)  paving drainage, street widening, and other public
   3-24  improvements, or related matters, if at least one-third of the cost
   3-25  is to be paid by or through special assessments levied on property
   3-26  that will benefit from the improvements;
   3-27              (10)  a public improvement project, authorized by the
    4-1  voters of the municipality, for which there is a deficiency of
    4-2  funds for completing the project in accordance with the plans and
    4-3  purposes authorized by the voters;
    4-4              (11)  a payment under a contract by which a developer
    4-5  participates in the construction of a public improvement as
    4-6  provided by Subchapter C, Chapter 212;
    4-7              (12)  personal property sold:
    4-8                    (A)  at an auction by a state licensed
    4-9  auctioneer;
   4-10                    (B)  at a going out of business sale held in
   4-11  compliance with Subchapter F, Chapter 17, Business & Commerce Code;
   4-12  or
   4-13                    (C)  by a political subdivision of this state, a
   4-14  state agency of this state, or an entity of the federal government;
   4-15  and
   4-16              (13)  services performed by blind or severely disabled
   4-17  persons.
   4-18        SECTION 3.  The importance of this legislation and the
   4-19  crowded condition of the calendars in both houses create an
   4-20  emergency and an imperative public necessity that the
   4-21  constitutional rule requiring bills to be read on three several
   4-22  days in each house be suspended, and this rule is hereby suspended,
   4-23  and that this Act take effect and be in force from and after its
   4-24  passage, and it is so enacted.