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.